mmn 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. RECEIVED 

IN THE MATTER OF ^ ^ 2 I 20f| 

AIRLINE TRANSPORT PROFESSIONALS HEARIN C nA/*l^rFAA DOCKET NO. [TO BE ASSIGNED] »il^O UUUKET 

(Civil Penalty Action) 

[Judge Ronnie A. Yoder] s 

FDMS FAA-2011-0288 S ''-'& J 

MOTION OF AIRLINE TRANSPORT ^ S§ 5 

PROFESSIONALS. INC. TO VACATE ORDER OF APRIL 13.2011 ' ^ 5^ 0 

COMES NOW, Airline Transport Professionals, Inc., and moves the Court to yScate'fls 

Order of April 13, 2011 on the following grounds: 

1. In the first paragraph of the Order of April 13, 2011, the Order recites that the 

proceedings arise from a complaint served March 31, 2011; but no complaint by the 

FA A was timely served on the purported respondent in this case,' which has thirty 

(30) days from service of any complaint to file an answer. The effect of the Order of 

April 13, 2011, is to improperly and without just cause reduce the number of days 

within which the purported respondent may formulate an answer, since no complaint 

was timely served on the purported respondent in this action at this time; and the 

Order violates the purported Respondent's rights to due process of law, U.S. Const. 

amend. V, since the litigation involves protected property or liberty interest. Board of 

Regents v. Roth, 408 U.S. 564, 576, 92 S. Ct. 2701, 33 L. Ed 2d 548 1972; and the 

first paragraph of the Order is arbitrary, capricious, an abuse of discretion and not in 

accordance with law (5 USC § 706 (2)(A)), since the law gives the purported 

Respondent 30 days to answer a complaint, 14 C.F.R. § 13-209(a); and 

See Exhibit A attached, letter from purported Respondent's counsel to FAA counsel, April 18,2011. 
2. Footnote No. 1 of the Order of April 13, 2011, declares that the purported respondent 

in this matter must file an amendment to its answer by May 13, 2011, but again, no 

complaint was timely served on the purported respondent;^ and 

3. There is no obligation on the purported respondent in this action to file an answer 

until thirty (30) days after service of the complaint in conformity with 14 C.F.R. § 

13.209(a). 

4. The Order issued by Judge Rormie A. Yoder of April 13, 2011, was issued based 

upon an assumption, and that assumption was that the FAA had timely served a 

complaint on the purported respondent in this matter, but that assumption is imtrue; 

and 

5. Because the Court assumed that the FAA had served a complaint on the purported 

respondent, the Court then imposed obligations on the purported respondent that 

reduced the time within which the respondent may file an answer when no complaint 

had been timely served'* and that Order reduced the time within which the purported 

respondent may amend its answer when again, no complaint was timely served. The 

Court's Order of April 13, 2011 is arbitrary, capricious an abuse of discretion and 

contrary to law within the purview of 5 U.S.C. § 706(2)(A) and violates the purported 

Respondent's rights to the process of law, U.S. Const, amend. V, because it requires 

the purported Respondent to file an answer within 30 days when no complaint had 

been timely served on the purported Respondent, it requires the purported Respondent 

to answer in less than 30 days from, and it bars Respondent from amending any 

answer after May 13, 2011. 

' Id. 

' Id. 

* Id 
6. The total effect of the Order of April 13, 2011, when combined with the fact that the 

FAA did not timely serve a complaint in this action, is to deprive the purported 

respondent of a protected property or liberty interest in violation of its right to due 

process of law under the Fifth Amendment to the Constitution of the United States of 

America. See Board of Regents v. Roth, 408 U.S. 564, 576, 92 S. Ct. 2701, 33 L. Ed. 

2d 548 (1972). 

WHEREFORE, the purported Respondents in this case. Airline Transport Professionals, 

Inc. prays as follows: 

1. That the Order of April 13, 2011 be vacated; 

2. That the purported Order of April 13, 2011 be vacated to the extent it 

gives the purported respondent in this matter less than thirty (30) days to 

formulate its answer in violafion of 14 C.F.R. § 13.209(a); and 

3. That footnote no. 1 of the Order of April 13, 2011 be vacated to the extent 

it purports to impose a duty on the purported Respondent to file an 

amendment to its answer by May 13, 2011 when the complaint in this case 

was not timely served on the purported respondent; and 

4. That the purported Respondent have and receive such additional and 

further relief as the court deems just and proper in the premises. 

[signature next page] 

-3 
Respectftilly submitted this 19"" day of April 2011. 

Alan Armstrong 

Georgia Bar No. 022075 

Attorney for Airline Transport 

Professionals, Inc. 

Alan Armstrong Attorney at Law 

2900 Chamblee Tucker Road 

Building 5, Suite 350 

Atlanta, GA 30341 

P: 770.451.0313 

F: 770.451.0317 

alan(g).alanarmstronglaw.com 
ALAN ABMSTRONG 

ATTORNEY AT LAW 

PARK RTDGE 6 5 OFFICE PARK 

BUmSING B, aOOO GHAMBI-EE-TUCKER ROAD 

(770) 451-0313 ATLANTA, GEOROIA 3034 1 alan@alanarmstrongliw.cota 

FAX (770) 451-0317 yrtrw.alanarmstronglaw.com 

April 18, 2011 

Via Facsimile (404) 305-5223^ 

and Regular Mail 

Gerald Ellis, Esq. 

Office of Regional Counsel 

Federal Aviation Administration 

1701 Columbia Avenue 

Room 530 

College Park, GA 30337 

Re: Airline Transport Professionals, Inc. 

FAA Case No. 2008EA210042 (N304BK) 

FAA Case No. 2008EA210045 (N575AT) 

Dear Gerald: 

I have an Order from Chief Judge Ronnie Yoder of ^ri l 13, 2011, declaring that 

the FAA served a Compliant in this matter on March 31, 2011. I have not received any 

Complaint, either in FAA Case No. 2008EA210042 or 2008EA210045. If, in fact, the 

Agency did serve a complaint on March 31, 2011, would you be so kind as to send a copy 

of the Complaint to me? 

Thank you for your assistance with this matter. 

Best regards, 

Alan Armst 

AA/scb 

cc: Judge Ronnie A. Yoder (via Facsimile) 

Jim Koziarski, Airline Transport Professionals, Inc. (via email) 
TRAN^'lISSia^ VERIFICATION REPORT 

TIME : 04/18/2811 16:53 

NAME : ALAN ARMSTRONG 

FAX : 7784510317 

TEL : 7704510313 

SER.« : BR0B7J611154 

DATE,TIME 

FAX NO./NAME 

DURATION 

PAGE(S) 

RESULT 

MODE 

04/18 16:52 

12823667536 

00:00:49 

02 

OK 

STANDARD 

ECM 

2900 Chamblee -Tucker Road 

Building 5, Suite 350 

Atlanta, Georgia 30341 

Phone; 770.451.0313 

Fax: 770.451.0317 

E-MAIL ADDRESS: alanarmstronq@bellsouth.net 

Alan Armstrong 

Attorney at Law 

Fax 

TO: Honorable Ronnie A. Yoder 

FROM: Alan Armstrong, Esq, 

Fax: 20.2-366-7536 

Pages: 2 

Date: 4-lS-H 

Comments Airline Transport Professionals 

* *"'"-- • 

D Urgent D For Review D Please Comment Q Please Reply 

i 

1 

CONFIDENTIALITY NOTE 

The information contained in this facsimile message is legally privileged and confidential Information Intended only 

for the use of the individual named above. If the reader of this message is riot the intended redpient, you are 

hereby notified that any use, dissemination, distribution or copy of this telecopy is strictly prohibited. If you have 

received this telecopy in error, please immediately notif/ us by telephone and return the original message to us at 

the above address. 
TRANSt-^ISSim VERIFICATION 

m 

REPORT 

04/18 16:54 

4043055223 

00:00:24 

02 

OK 

STANDARD 

ECM 

TIME 

NAME 

FAX 

TEL 

SER.« 

: 04/18/2011 16:54 

: ALAN ARMSTRONG 

: 7704510317 

: 7704510313 

: BROB7J611154 

DATE,TIME 

FAX NO./NAME 

DURATION 

PAGE(S) 

RESULT 

MODE 

2900 Chamblee -Tucker Road 

Building 5, Suite 350 

Atlanta, Georgia 30341 

Phone; 770.451.0313 

Fax; 770.451.0317 

E-MAIL ADDRESS: alanarmstronq@bellsouth.net 

Alan Armstrong 

Attorney at Law 

•WMM 

TO; Gerald Ellis, Esq. 

FROM: Alan Armstrong, Esq. 

Fax: 404.305-5223 

Pages: 

Date: 4-18-2011 

Comments Airline Transport Professionals 

'•; "v ^ 

n Urgent D For Review D Please Comment . , D Please Reply 

CONFIDENTIALITY NOTE 

The information contained in this facsimile message is legally privileged and confidential information intended only 

for the use of the individual named above. If the reader of this message is not'the Intended recipient, you are 

hereby notified that any use, dissemination, distribution or copy of this telecopy is stricdy prohibited. If you have 

received this telecopy in error, please immediately notify us by telephone and return the original message to us at 

the above address. 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

AIRLINE TRANSPORT PROFESSIONALS 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

[Judge Ronnie A. Yoder] 

FDMS FAA-2011-0288 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing MOTION OF AIRLINE TRANSPORT 

PROFESSIONALS, INC. TO VACATE ORDER OF APRIL 13, 2011 has been served via 

Federal Express and Facsimile to; 

Gerald A. Ellis, Esq. 

Federal Aviation Administration 

Office of Regional Counsel 

1701 Columbia Avenue, Room 530 

College Park, Georgia 30037 

Respectfully submitted this 19* day of April 2011. 

Alan Armstrong 

Georgia Bar No. 022075 

Attorney for Airline Transport 

Professionals, Inc. 

Alan Armstrong Attorney at Law 

2900 Chamblee Tucker Road 

Building 5, Suite 350 

Atlanta, GA 30341 

P: 770.451.0313 

F: 770.451.0317 

alan@alanarmstronulaw.com 
U.S. DEPARTMENT OF TRANSPORTATION r - - • -^"p^^^'^/'O^'^ 

OFFICE OF HEARINGS " " '^' '^' ^' '^'OH' S 

WASHINGTON, D.C. . n ,^ 

••' ^.PK.:q P 3:0b 

IN THE MATTER OF 

AIRLINE TRANSPORT PROFESSIONALS 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

[Judge Ronnie A. Yoder] 

FDMS FAA-2011-0288 

MOTION OF AIRLINE TRANSPORT 

PROFESSIONALS, INC. TO VACATE ORDER OF APRIL 13, 2011 

COMES NOW, Airline Transport Professionals, Inc., and moves the Court to vacate its 

Order of April 13, 2011 on the following grounds: 

1. In the first paragraph of the Order of April 13, 2011, the Order recites that the 

proceedings arise from a complaint served March 31, 2011; but no complaint by the 

FAA was timely served on the purported respondent in this case,' which has thirty 

(30) days from service of any complaint to file an answer. The effect of the Order of 

April 13, 2011, is to improperly and without just cause reduce the number of days 

within which the purported respondent may formulate an answer, since no complaint 

was timely served on the purported respondent in this action at this time; and the 

Order violates the purported Respondent's rights to due process of law, U.S. Const. 

amend. V, since the litigation involves protected property or liberty interest. Board of 

Regents v. Roth, 408 U.S. 564, 576, 92 S. Ct. 2701, 33 L. Ed 2d 548 1972; and the 

first paragraph of the Order is arbitrary, capricious, an abuse of discretion and not in 

accordance with law (5 USC § 706 (2)(A)), since the law gives the purported 

Respondent 30 days to answer a complaint, 14 C.F.R. § 13-209(a); and 

See Exhibit A attached, letter from purported Respondent's counsel to FAA counsel, April 18,2011. 
^ Id 

' Id 

' Id 

2. Footnote No. 1 of the Order of April 13, 2011, declares that the purported respondent 

in this matter must file an amendment to its answer by May 13, 2011, but again, no 

complaint was timely served on the purported respondent;^ and 

3. There is no obligation on the purported respondent in this action to file an answer 

until thirty (30) days after service of the complaint in conformity with 14 C.F.R. § 

13.209(a). 

4. The Order issued by Judge Rormie A. Yoder of April 13, 2011, was issued based 

upon an assumption, and that assumption was that the FAA had timely served a 

complaint on the purported respondent in this matter, but that assumption is untrue;^ 

and 

5. Because the Court assumed that the FAA had served a complaint on the purported 

respondent, the Court then imposed obligations on the purported respondent that 

reduced the time within which the respondent may file an answer when no complaint 

had been timely served"* and that Order reduced the time within which the purported 

respondent may amend its answer when again, no complaint was timely served. The 

Court's Order of April 13, 2011 is arbitrary, capricious an abuse of discrefion and 

contrary to law within the purview of 5 U.S.C. § 706(2)(A) and violates the purported 

Respondent's rights to the process of law, U.S. Const, amend. V, because it requires 

the purported Respondent to file an answer within 30 days when no complaint had 

been timely served on the purported Respondent, it requires the purported Respondent 

to answer in less than 30 days from, and it bars Respondent from amending any 

answer after May 13, 2011. 

-2 
6. The total effect of the Order of April 13, 2011, when combined with the fact that the 

FAA did not timely serve a complaint in this action, is to deprive the purported 

respondent of a protected property or liberty interest in violation of its right to due 

process of law under the Fifth Amendment to the Constitution of the United States of 

America. See Board of Regents v. Roth, 408 U.S. 564, 576, 92 S. Ct. 2701, 33 L. Ed. 

2d 548 (1972). 

WHEREFORE, the purported Respondents in this case. Airline Transport Professionals, 

Inc. prays as follows: 

1. That the Order of April 13, 2011 be vacated; 

2. That the purported Order of April 13, 2011 be vacated to the extent it 

gives the purported respondent in this matter less than thirty (30) days to 

formulate its answer in violation of 14 C.F.R. § 13.209(a); and 

3. That footnote no. 1 of the Order of April 13, 2011 be vacated to the extent 

it purports to impose a duty on the purported Respondent to file an 

amendment to its answer by May 13, 2011 when the complaint in this case 

was not timely served on the purported respondent; and 

4. That the purported Respondent have and receive such additional and 

fiirther relief as the court deems just and proper in the premises. 

[signature next page] 

-3 
,th Respectftilly submitted this 19"" day of April 2011 

Alan Armstrong 

Georgia Bar No. 022075 

Attorney for Airline Transport 

Professionals, Inc. 

Alan Armstrong Attorney at Law 

2900 Chamblee Tucker Road 

Building 5, Suite 350 

Atlanta, GA 30341 

P: 770.451.0313 

F: 770.451.0317 

alan@alanannstronglaw.com 
ALAN ARMSTRONG 

ATTORNEY AT LAW 

PARK RCDGE 6 5 OFFICE PARK 

BTJlXJjnSrG G, 2©0 0 CHAMBI.EE-TUCKER ROAD 

(770) 45l-03i a ATLANTA, GEOROIA 3034. 1 alan@aIanatmstrongIaw.co(n 

FAX (770) 45I-0317 www.alanarmsttonglaw.com 

April 18, 2011 

Via Facsimile (404) 305-5223 

and Regular Mail 

Gerald Ellis, Esq. 

Office of Regional Counsel 

Federal Aviation Administration 

1701 Columbia Avenue 

Room 530 

College Park, GA 30337 

Re: Airline Transport Professionals, Inc. 

FAA Case No. 2008EA210042 (N304BK) 

FAACase No. 2008EA210045 (N575AT) 

Dear Gerald: 

I have an Order from Chief Judge Ronnie Yoder of April 13, 2011, declaring that 

the FAA served a Compliant in this matter on March 31, 2011. I have not received any 

Complaint, either in FAA Case No. 2008EA210042 or 2008EA210045. If, in fact, the 

Agency did serve a complaint on March 31, 2011, would you be so kind as to send a copy 

of the Complaint to me? 

Thank you for your assistance with this matter. 

Best regards, 

Alan Armst 

AA/scb 

cc: Judge Ronnie A. Yoder (via Facsimile) 

Jim Koziarski, Airline Transport Professionals, Inc. (via email) 
i» 

TRANSMISSION VERIFICATION REPORT 

TIME : 84/18/2011 16:53 

NAME : ALAN ARMSTRONG 

FAX : 7704510317 

TEL : 7704510313 

SER.« : BROB7J611154 

DATE,TIME 

FAX NO./NAME 

DURATION 

PAGE(S) 

RESULT 

MODE 

04/18 16:52 

12023667536 

00:00:49 

02 

OK 

STANDARD 

EQ^ 

2900 Chambiee -Tucker Road 

Building 5, Suite 350 

Atlanta, Georgia 30341 

Phone; 770.451.0313 

Fax: 770.451.0317 

E-MAIL ADDRESS: alanarmstronq(g)bel!south.net 

Alan Armstrong 

Attorney at Law 

Fax 

TO; Honorable Ronnie A. Yoder 

FROM: Alan Armstrong, Esq, 

Fax; 

Pages 

Date: 

20.2-366-7536 

: 2 

4-18-11 

Comments Airline Transport Professionals 

' *"•"• . • 

D Urgent D For Review D Please Comment 

• , -

\ D Please Reply 

1 

CONFlDENnALITV NOTE 

The information contained in this facsimile message is legally privileged and confidential Information intended only 

for the use of the individual named above. If the reader of this message is riot the intended redpient, you are 

hereby notified that any use, dissemination, distribution or copy of this telecopy is strictly prohibited. If you have 

received this telecopy in emsr, please immediately notify us by telephone and return the original message to us at 

the above address. 
TIME ; 04/18/2011 16:54 

NAME : ALAN ARMSTRONG 

FAX : 7704510317 

TEL : 7704510313 

SER.tt : BROB7J511154 

DATE,TIME 

FAX HO./NAfC 

DURATION 

PAGE(S) 

RESULT 

MODE 

04/18 16:54 

4043055223 

00:00:24 

02 

OK 

STANDARD 

ECM 

2900 Chamblee -Tucker Road 

Building 5, Suite 350 

Atlanta, Georgia 30341 

Phone; 770.451.0313 

Fax; 770.451.0317 

E-MAIL ADDRESS: alanarm5tronq@bellsouth.net 

Alan Armstrong 

Attorney at Law 

Fax 

TO; Gerald Ellis^ Esq. 

FROM: Alan Armstrong, Esq. 

Comments Airline Transport Professionals 

Fax: 

Pages 

Date: 

404.305-5223 

: 

4-18-2011 

•0^ 

n Urgent D For Review D Please Comment D Please Reply 

CONFIDENTIALITY NOTE 

The information contained in this facsimile message is legally privileged and confidential information intended only 

for the use of the individual named above. If the reader of this message is not'the intended redpient, you are 

hereby notified that any use, dissemination, distribution or copy of this telecopy is strictly prohibited. If you have 

received this telecopy in emjr, please immediately notify us by telephone and return the original message to us at 

the above address. 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

AIRLINE TRANSPORT PROFESSIONALS 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

[Judge Ronnie A. Yoder] 

FDMS FAA-2011-0288 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing MOTION OF AIRLINE TRANSPORT 

PROFESSIONALS, INC. TO VACATE ORDER OF APRIL 13, 2011 has been served via 

Federal Express and Facsimile to: 

Gerald A. Ellis, Esq. 

Federal Aviation Administration 

Office of Regional Counsel 

1701 Columbia Avenue, Room 530 

College Park, Georgia 30037 

th Respectfully submitted this 19"^ day of April 2011 

Alan Armstrong 

Georgia Bar No. 022075 

Attorney for Airline Transport 

Professionals, Inc. 

Alan Armstrong Attorney at Law 

2900 Chamblee Tucker Road 

Building 5, Suite 350 

Atlanta, GA 30341 

P: 770.451.0313 

F: 770.451.0317 

alan@alanarmstronglaw. com 

5 -