,0/27/201 1 17.07 FAX 2024935142 FAA ' D«S aoOlAiO G 

RECEIVED 

OCT 17 W 

^KyKJN S UEABlNfiiJQCKET 

October 20, 2011 

RE: RESPONDENT'S REPLY TO COMPLAINANTS OCTOBER 19, 2011, REPLY TO RESPONDENTS' 

RESPONSE TO ORDER TO SHOW CAUSE AND MOTION CONTAINED WITHIN. FAA Docket No. 

CPIOSOOOOO, JUDGE RICHARD C. GOODWIN, FDMS No. FAA-2011-0670, FAA Case No. 

2010SO700422 

Administrative Law Judge /On./; r\ / ' ^ Pi '~''^^-^ 

The Honorable Richard C. Goodwin, 

Office of Hearings, M-20 (^Od^O ^ ^ ^ CXJ 

U.S. Department of Transportation -^ :.d^ ^ 

1200 New Jersey Avenue, S.E. ^O" ^ 

Washington, DC 20590 ' ^ '""' ' "' 

The Honorable Richard C. Goodwin, 

-^.-

:/' j 

CO 

This is in response to Complainant's reply to Respondent's response to Order to Show Cause and Motion 

within that moves the Administrative Law Judge to find: 

^(2) that Respondent has not demonstrated good cause for not filing a timely Answer: (2) deem as an 

admission of truth each allegation in the complaint, (3) if a hearing is still deemed necessary, that It 

should be only for the purpose of determining the amount of the sanction in this matter. (3) 

Complainant also requests an extension of the discovery period to at least 30 days after there is a ruling 

on the Agency's motion. 

The Respondent replies to each numbered paragraph in Complainant's October 19, 2011, Response as 

follows: 

1. 

We disagree with Complainant's conclusion. In our October 5, 20H, response the Respondent 

stated the real reason for not responding to the Complaint was that the Respondent's Representative in 

this manner never was given the Complaint. It was only offered that a change in the Respondent's 

primary address might be the possible reason for the Respondent's Representative not being given a 

copy of the complaint. Furthermore, once we received the Complaint it should be noted that it was not 

served on June 10, 2011, as claimed by the Complainant, but was served on June 16, 2011, 

2. 

On June 8, 2011, the Respondent's primary address was 3600 Power Inn Road, Sacramento, CA. 

' We used the .same numbering sysicm as in rhc Compjainanrs reply so there will be no addiuon&I confusion. 

1 
10/27/2011 17:07 FAX 20249351^2 FA.^ tJ"^ 

3. 

We disagree with Complainant's conclusion. We see no place within the "Rules of Practice" a 

requirement to submit a change of address. The Respondent wishes it had provided all concerned in 

matter a Notice of Address Change; and we respectfully apology for not doing so. However, the 

Respondent's Representative has communicated with the Agency's Attorney on several occasions via 

personal telephone and facsimile. In fact, the Agency's attorney sent a facsimile to the Respondent's 

Representative residence's telephone, 541-647-1127, on more than one occasion. Exhibit 1. On May 

20, 2011, Gerald A. Jennings, Agency's Program Analyst, mailed, by certified mail, and signed the Final 

Notice of Proposed Civil Penalty, Certificate of Service, FAA Case No. 2010SO700422; this case, to Steve 

Badger (Respondent's Representative) with a wrong address. The Final Notice of Proposed Civil Penalty 

was received by Danny L Lonney on May 23, 2011, at SGB Sky King Inc., 2659 Juniper Lane, Davie, FL 

33330. Exhibit 2 and 3. To suggest that the Respondent has not demonstrated good cause, in that, the 

Respondent did not provide a change of primary address is disingenuous. The truth is that the 

Complainant can contact the Respondent's Representative at any time, and Complainant made an 

address error in this matter just like the Respondent has made errors. The only difference is that the 

Respondent believes this matter should be resolved on the merits of the case, not by short cutting the 

process in the name of "Rules of Practice". 

4. 

. We disagree with Complaint's conclusion. The Respondent never claimed to be confused about 

its responsibility to file an Answer; the Respondent's representative was not aware of this Order until 

October 3, 2011. And, on that date the Respondent still did not have a copy of the Complaint. The 

Respondent answered the Complaint on October 8, 2011, immediately after being provided a Facsimile 

of the Complaint by the Agency Attorney. 

WHEREFORE, the Respondent respectfully request the Administrative Law Judge to find that the 

Respondent has demonstrated good cause for not filing a timely Answer and allow for the requested 

Hearing so that the case can be decided on its merits. 

Finally, the Respondent has no objection to the Complaint's request for an extension of the discovery 

period to at least 30 days after there is a ruling on the Agency's motion. 

Respectfully Submitted on JZ O day of October, 2011 

Badger 

Respondent's Representative 
_ ^ - QMS 0003/00 6 

10/27/2011 1708 FAX 2024935U2 ^^^ 

CERTIFICATE OF SERVICE 

I hereby certify that on October ZO , 2011, the forgoing Response to Complainant's reply to 

Respondent's response to Order to Show Cause, FAA Docket NO. CPIOSOOOOO, DMS FAA02011-0670 

was sent by United Parcel Service (UPS) courier to: 

COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

ORIGINAL 

The Honorable Richard C. Goodwin, 

Administrative Law judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

120O New Jersey Avenue, S.E. 

Washington, DC 20590 

COPY 

Gerald A. Ellis, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Southern Region, ASO-7 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, Georgia 30320 

^X§teph tepe. n A. Badger C/ 

Respondent's Representative 
10/27/2011 17:08 FAX 20249351^2 FAA - DMS 

rttt) Kt(^iUT^AL COUNSEL 

S^XH-lfclJ 1 

Soultiern Region 

Office of ttie Pedional Counsel, ASO-7 

P. O Bo)c20fl36 

AHanta. GA 30320 

(404) 305-5200 

(404) 305-5223 FAX 

12)004/008 

PAGE 61/09 

FAA 

T«i Steve Badger Ptvmt Gerald ElUs. FAA Counsel 

Far. •iiimiiin -sy/a<C^ M27 •^»9--

Pliwwi Date: June 9,2011 

Re: SVy King. FAA Case - 2010SO700422 CC: 

D Urgent D For Revfew Q Plsace Cammem G Please Reply 0 PlvBB* Racycle 

* vOlTKiivnto' 

DearMr. Badger. 

A copy of (he Ffral Notice issued May 20, 2011 Is attached. The 15 day period tp appeal would have 

run from May 24, 2011. ihedayafba-(he date of receipt 

Gerald Ellis, FAA Attorney 
10/27/201 1 17:08 FAX 2024935U 2 FAA ^ OMS @005/00S 

,^. —, .w. . .J..10 ^v^Jco-D^^j FiiA REGIONAL COUHSEL PAGE 07/09 

^>dt4- / 6 (' 2-

You may pay the propxised penalty by subrnitting a certified check or money ordtr payable lo the 

"Federal Aviation Administraiion" to the undersigned. 

EDDIE L.THOMAS 

REGIONAL COUNSEL 

ORIGINAL SIGNED ay 

B Y: 

GERALD A. ELUS 

Attorney 

OfTice of the Regional Counsel 

CERTinCATE OF SERVICE 

r hereby certify that the foregoing Final Notice of Proposed Civil Penalty has been mailed by 

Certified Mail & Regular Mail to: 

Gregg Lukcnbill. President 

Sky King Inc. 

3600 Power Inn Road 

Suiie H 

Sacramento, CA 95^26 

Danny Looncy, Registered Agent 

SGB Sky King, Inc. 

2659 Juniper Lane 

Davie, FL 33330 

Steve Badger 

Director of Safety & Security 

SGB Sky King, IIK. 

2659 Juniper Lane 

ivie^FL 33330 

GERALD A. JENl 

Program Analyst 

Office of the Regional Counsel 

WAY 2 0 2Q " 

Dated 
10/27/2011 17:08 FAX 2024935142 

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Print ycxjr namg and address oo the n;vgrse 

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Anacn inrs cara to the cwck of me m»iiptece, 

or on ffie (<vrrt "f space ptirmlia. 

Danny Looney. Regrstered Agent 

SGB Sky King, Inc. 

2659 Juniper Lane 

Davie, FL 33330 

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Director of Safety & Security 

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