U.S. DEPARTMENT OFTRANSPORTATION OFFICEOFHEARINGS 

# RE EIVEfl FEDERAL AVIATION ADMINISTRATION 

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FEDERAL AVIATION ADMINISTRATION, Complainant,
vs. AirTransport Intemational, Inc. Respondent. 

### MAY 22 2012 

# HEARING DOCKET

Docket No. FAA-2012-0202 FAA Case No. 2011S070200 Judge .T.E. Sullivan

COMPLAINANT'S MOTION TO DEEM ALLEGATIONS ADMITTED AND MOTION FORHEARING ON SANCTION ONLY Complainant, by and through the undersigned attomey, pursuant to Sections 13.218 ofthe Rules ofPractice in FAA Civil PenaltyActions (14 C.F.R. §13.218) hereby
moves the Administrative Law Judge to determine that due to the Complainant's failure to file a timelyAnswerto the Complaint, the Allegations in the Complaint havebeen admitted, and ifa hearingis necessaryin this matter, that the as yet unscheduled hearing will onlybe for the purpose ofdetermining the sanction involved in the matter. As grounds for this motion, Complainant states the following: 1. On March20, 2012, Complainant filed the complaint in this matterwith the HearingDocket and served a copyon Respondent.2. Respondentreceived the Complaint on March 22, 2011. Exhibit I.

3. Pursuant to §13.209(a) and §13.2ll(e) Respondent had 35 days (30 days plus 5 for mail service) to file an answer. The Complaint explicitlyreminded Respondent of this 30-day deadline. Underthese rules, Respondent's answer was due on or about April 26, 2012. 

### 4. Accordingto 

### §13.209(f), a person's failure to file an answer without good cause shall be deemed an admission ofthe truth ofeach allegation contained in the complaint. See, FAA v. Budde W. Playter, FAADocket No. CP89GL0257 (March 19, 1990) ("Although this is a severepenalty for failure to file an answer, the rule is clear and does not permit exceptions."). 

### 5. Complainant requests a ruling on this motion as soon as possible, to allow adequate preparation ifthere is ahearing in this matter, but no later than seven days before the hearing as required by 14 C.P.R. §13.218(e)(2) ("The administrative lawjudge shall resolve all pendingprehearingmotions not later than seven days before the hearing.")
WHEREFORE, Complainant respectfully moves the Administrative Law Judge to: (I) deem as an admission oftruth each allegation in the complaint, (2) ifa hearing is stilldeemed necessary, order that it should be only for thepurpose ofdetermining the amount ofthe sanction in this matter. (3) Complainant also requests an extension ofthe discovery period to at least 30 days after an answer is filed orthere is a ruling onthese motions.
Respectfully submitted this 21st day ofMay, 2012.

# ~/~ GERALD A. ELLIS Attorney Office ofthe Regional CounselCERTIFICATE OF SERVICE
I hereby certify that a copy ofthe foregoing Complainant's Motion To Deem Allegations Admitted And Motion For Hearing On Sanction Only has been mailed this date by Certified Mail, Return Receipt Requested, to the following:
The Honorable J. E. Sullivan DOT, Administrative Law Judge Office ofHearings, M-20 1200 New Jersey Avenue, SE (Ell-310) East Building Ground Floor Room El2-320 Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 Cindi McConnell, President Air Transport Inti. One Cantrell Center 2800 Cantrell Road Little Rock, AR 72202 TEL: 501-615-3500 FAX: 501-603-2096 FAA 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000

# ~A~ Program Analyst Office ofthe Regional Counsel 

### MAY 14 ZOtZ Dated (original)

(I copy)

(I copy)UNITED STATES
. 'TAL SERVICE

• Complete**~ems** 1, 2, J. Also complete**~em** 4

### nRestricted Delivery Is desired. • Printyour name and address on the reverse

so that we can return the card to you. • Attach this card to the back ofthe mallplece,

- or on the front tf space permits. 1. Article Addressed to: Air**Tr~port** International L.L.C. Attn: Cindi McConnell One Cantrell Center 2800 Cantrell Road Little Rock, AR 72202 

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2. Article Number (T'ransfur from """""' label) ?011 1570 DODD 7682 8535 PS Form 3811, February 2004 Domestic Return Receipt First-Class Mail Postage & Fees Paid USPS Permit No. G-10

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GOVERNMENT EXHIBIT 

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