# RECEIVED

12-138 

## SEP 29 2015 U.S. DEPARTMENT OF TRANSPORTATION 

## HEARING DOCKET OFFICE OF HEARINGS ' FEDERAL AVIATION ADMINISTRATION FEDERAL AVIATION ADMINISTRATION, DocketNo.: FAA-2014-0807 Complainant, FAA CaseNo. 201180190272
vs. Judge: J.E. Sullivan PAZ AVIATION, INC., Location ofHearing: Miami, FL Respondent.
ANSWERAND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT Respondent, 

### by andthrough its undersigned counsel, responds to the Administrator's Amended Complaint as follows: I. Admitted.

1. 2. 3. 4. 

### 5. 6. 7. 8. 9. II. Admitted. Admitted. Admitted. Admitted. Denied. Denied. Denied. Denied. Denied.

McDONALD & McDONALD. P.A.,P. O. Box 669122, Miami, FL 33166-9428 TEL: (305) 643-5313, FAX: (305) 643-4990; E-MAIL: dmm@Mcdonaldattomeys.com

### Docket No.: FAA-2014-0807
10. Denied. 11. Denied. 12. Denied. III. 

### 13. Paragraph 13, including all sub-parts, denied. 14. Any allegations not specifically admitted herein are hereby specifically denied. AFFIRMATIVE DEFENSES 

### 1. For its First Affirmative Defense, Respondent alleges that the time it performed the services described in the Administrator's Amended Complaint, that Respondent had on hand the required technical data, appropriate tooling and/or equivalent tooling, appropriate equipment and/or equivalent equipment, and sufficient facilities with which to perform the services. 2. For its Second Affirmative Defense, Respondent alleges that the tooling and/or equipment was equivalentto thatrecommended by the manufacturer ofthe items being serviced. 3. For its Third Affirmative Defense, Respondent alleges that once it learned ofthe alleged discrepancy, itrecalled all ofthe units listed in the Administrator's Amended Complaint and that the returned units were then serviced by a third party at Respondent's expense and none ofthe recalled units were found to be defective. 4. For its FourthAffirmative Defense, Respondent alleges that the units it serviced and which are the subject ofthe Administrator's Amended Complaint were serviced between July 2009 through April of2011; that the FARs only require

2 McDONALD & McDONALD. P.A.,P. 0. Box 669122, IVliami, FL 33166~9428 TEL.: (305) 643-5313. FAX: (305) 643-4990; E-MATL: dmm@Mcdonaldattorneys.comDocket No.: FAA-2014-0807 Respondent to maintain its records ofservice for 2 years; that the Administrator !mew of these events years ago, butfailed to timelybring this action; and, as a result ofthe Administrator's delay, Respondent has beenprejudiced from the loss ofwitnesses, loss of records, and or loss ofwitnesses' memory ofthe events. Based uponthe foregoing, the Administrator's claim should be estopped from bringthis action. Respondent, PAZ AVIATION, INC., reserves the right to amend this Answer and Affirmative Defenses based uponfurther investigation and/or discovery.
Respectfully submitted, McDONALD & McDONALD

CERTIFICATE OF SERVICE I HEREBY certify thatthe original and one copy ofthe foregoing was faxed and mailed viaFedExto the Hearing Docket Clerk with copies viafax andmail to the Hon. J.E. Sullivan and William Vines, Esq. this 28th day ofSeptember, 2015 as follows: Hon. J.E. Sullivan, Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 202-366-6941 202-366-7536

- fax Hearing Docket Clerk, AGC-430 Federal AviationAdministration 600 Independence Avenue, S.W. Wilbur Wright Building

- Suite 2Wl000 Washington, DC 20591 404-305-5223

- fax
3 (original + 1 copy)

McDONALD & McDONALD. P.A., P. 0.Box 669122, Miami, FL 33166-9428 TEL.: (305) 643-5313, FAX: (305) 643-4990; E-MAIL: drnm@Mcdonaldattorneys.comWilliam Vines, Attorney Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 404 305-5200

- tel. 404 305-5223

- fax Complainant's Counsel PazAviation, Inc. c/o Jay Allen, President 7455 W 2°d Court Hialeah, FL 33014-4301 Respondent

g:Apps\2012\12138\A&AD Amended Complaint
4 Docket No.: FAA-2014-0807

McDONALD & McDONALD, P.A. Attorneys for Respondent PO Box 669122 Miami, FL 33166-9428 (305) 643-5313 (305) 643-4990

- fax dmrn@Mcdonaldattorneys.com 

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- avid M. McDonald Fla. BarNo. 0844380

McDONALD & McDONALD. P.A.,P. 0. Box 669122, Miami, FL33166~9428 TEL.: (305) 643-5313, FAX: (305) 643-4990; E-MAIL: dmm@Mcdonaldattorneys.com