U.S. DEPARTMENT OF TRANSPORTATION 

OFFICEOFHEARINGS RE EIVEfl FEDERAL AVIATION ADMINISTRATION c L) 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Air Transport Intemational, Inc. 

Respondent. 

MAY 22 2012 

HEARING DOCKET 

Docket No. F AA-2012-0202 

FAA Case No. 2011S070200 

Judge .T.E. Sullivan 

COMPLAINANT'S MOTION TO DEEM ALLEGATIONS ADMITTED AND 

MOTION FOR HEARING ON SANCTION ONLY 

Complainant, by and through the undersigned attomey, pursuant to Sections 

13.218 of the Rules of Practice in FAA Civil Penalty Actions (14 C.F.R. §13.218) hereby 

moves the Administrative Law Judge to determine that due to the Complainant's failure 

to file a timely Answer to the Complaint, the Allegations in the Complaint have been 

admitted, and if a hearing is necessary in this matter, that the as yet unscheduled hearing 

will only be for the purpose of determining the sanction involved in the matter. As 

grounds for this motion, Complainant states the following: 

1. 

On March 20, 2012, Complainant filed the complaint in this matter with the 

Hearing Docket and served a copy on Respondent. 
2. 

Respondent received 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 explicitly reminded Respondent of 

this 30-day deadline. Under these rules, Respondent's answer was due on or about April 

26, 2012. 

4. 

According to § 13.209(f), a person's failure to file an answer without good cause 

shall be deemed an admission of the truth of each allegation contained in the complaint. 

See, FAA v. Budde W. Playter, FAA Docket No. CP89GL0257 (March 19, 1990) 

("Although this is a severe penalty 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 if there is a hearing 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 law judge 

shall resolve all pending prehearing motions not later than seven days before the 

hearing.") 

WHEREFORE, Complainant respectfully moves the Administrative Law Judge to: (I) 

deem as an admission of truth each allegation in the complaint, (2) if a hearing is still 
deemed necessary, order 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 an answer is filed or there is a ruling on these 

motions. 

Respectfully submitted this 21st day of May, 2012. 

GERALD 

~/~ A. ELLIS 

Attorney 

Office of the Regional Counsel 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the 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 of Hearings, M-20 

1200 New Jersey Avenue, SE (Ell-31 0) 

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 of the Regional Counsel 

MAY 14 ZOtZ 

Dated 

(original) 

(I copy) 

(I copy) 
UNITED STATES . 'TAL SERVICE 

• Complete ~ems 1, 2, J. Also complete 

~em 4 n Restricted Delivery Is desired. 

• Print your name and address on the reverse 

so that we can return the card to you. 

• Attach this card to the back of the 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 

IIIII/ 

ra1iori\1AR 2 

2. Article Number 

(T'ransfur from """""' label) 

?011 1570 DODD 7682 8535 

PS Form 3811, February 2004 Domestic Return Receipt 

First-Class Mail 

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USPS 

Permit No. G-10 

1 02595-02-M-1540 

GOVERNMENT 

EXHIBIT 

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