U.S. Deportment 

of Transportation 

Federal Aviation 

Administration 

June 9, 2015 

Judge J.E. Sullivan 

Northwest Mountain Region 

Office of Regional Counsel 

Colorado, Idaho, Montana, 

Oregon, Utah, Washington, 

Wyoming 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. (Ell-310) 

Washington, D.C. 20590 

Fax: 202-366-7536 

Re: Select Aviation Service Docket No. FAA 2014-1119 

Dear Judge Sullivan: 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Tel: (425) 227-1417 

Fax: (425) 227-1007 

robert.spitzer@faa.gov 

RECEl'JED 

JUN 1 5 Zni5 

HEARING DOCKET 

The FAA is submitting this letter due to the Agency's inability to confer with Select Aviation 

Service in this matter. As of May 15, 2015, Counsel for Select Aviation Services has withdrawn, 

and it appears Select Aviation Services is currently bankrupt. The FAA has been unable to 

contact Select, and has not received any contact from the Respondent. 

The Administrator has filed a Motion for Decision in this matter, but it appears that due to the 

Agency's administrative error, this motion was not filed with your honor. Accordingly, the FAA 

is resubmitting the attached motion, since the Respondent has still not filed an Answer in this 

matter. 

Since the FAA has not been able to contact the Respondent in this matter, the Agency is unable 

to provide a proposed scheduling/discovery plan in accordance with the Prehearing Order. 

Sincerely, 

RS/ds 

Enclosure: Motion for Decision 

cc: Fred Hodgdon, Select Aviation Services, Inc. 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing letter has been served via Facsimile and Certified Mail- return 

receipt requested this date, to the following: 

Administrative Law Judge J.E. Sullivan 

Federal Aviation Administration 

800 Independence Avenue SW 

AGC-430 

Washington, DC 20594 

FAX: (202) 267-1293 

Fred Hodgdon 

Select Aviation Services, Inc. 

P.O. Box430 

Corvallis, MT 58928 

FAX: (406) 961-4101 

Dated this 9th day of June, 2015. 

:

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is~a Stephe~soil 

Office ofRegional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

(425) 227-2007 
ROBERT SPITZER 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASHINGTON 98057 

TELEPHONE: (425) 227-1417 

FACSIMILE: (425) 227-1007 

RECEIVED 

JUN l 5 2015 

HEARING DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D-C 

In the Matter of: 

Select Aviation Services, Inc. Docket No. FAA 2014-1119 

Judge J.E. Sullivan 

Motion for Decision 

In accordance with 14 Code of Federal Regulations (C.F.R.) § 13.218(f)(5) 

(Rule 13.218(f)(5)), the Administrator (Complainant) brings this Motion for Decision. There 

are no genuine issues of material fact, as Respondent has failed to answer the Complaint. The 

Complainant is entitled to a decision as a matter of law. 

On January 13, 2015, Respondent requested a hearing in response to the Complainant's Final 

Notice of Proposed Civil Penalty. On January 22,2015, Complainant served the Complaint 

on Respondent and Respondent's counsel by regular and certified mail; the ce1tilied mail was 

received by Respondent's counsel on Janumy 26,2015, and by the Respondent on January 

30, 2015. 

Argument 

"The administrative law judge shall grant a pmiy's motion for decision if the pleadings, 

depositions, answers to interrogatories, admissions, matters that the administrative law judge 

has officially noticed ... show that there is no genuine issue of material fact and that the party 

making the motion is entitled to a decision as a matter of law. The party making the motion 

... has the burden of showing that there is no genuine issue of material fact disputed by the 

parties." 14 C.F.R. § 13.218(f)(5). 

A respondent must file an answer within "30 days after service of the complaint." 14 C.F.R. 

§ 13.209(a). For service by mail, the date of service is the date of mailing as shown on the 
certificate of service; an additional "5 days shall be added" to the time to respond. 14 C.F.R. 

§§ 13.211(d) and (e). The Complaint in this case was served by mail on January 30, 2015. 

Thus, to be timely, the answer must have been filed by March 1, 2015. A "failure to file an 

answer without good cause shall be deemed an admission of the truth of each allegation 

contained in the complaint." 14 C.F.R. § 13.209(!); In the Matter of Larry :1· Flying Service. 

Inc., FAA Order No. 98-4, 1998 WL 158381 (March 10, 1998). Law judges do not have 

authority to extend the deadline for filing an answer absent a showing of good cause. Larry s 

Flying Service (citing In the Matter r'f Robinson, FAA Order No. 97-18 at 5, 

1997 WL 307266 (May 23, 1997); In the }v[at/er ofAtlantic World Airways, FAA Order 

No. 95-28 at 3, 1995 WL 853922 (December 19, 1995). Failure to file an answer waives any 

and all defenses, including financial hardship. Larry s Flying Service at 4. 

The Complaint in this case was served by facsimile and mail on January 30,2015. Thus, to be 

timely, the answer must have been filed by March 1, 2015. Having failed to file an answer, 

Respondent has admitted the truth of each and every allegation in the Complaint, and waived 

all affirmative defenses, including those addressed to sanction. There is no genuine issue of 

material fact remaining to be litigated, and Complainant is entitled to a decision as a matter 

oflaw. 

Conclusion 

For the reasons stated above, the FAA respectfully requests that this court grant this Motion 

for Decision. There are no genuine issues of material fact to be litigated. 

Respectfully submitted this 13th day of October, 2014. 

/!!-

Robert Spitzer 

FAA Attorney 

Motion for Decision 

FAA v. Select Aviation Services, Inc. 

DOT DMS NO FAA-2014-1119 

Page 2 of3 

ROBERT SPITZER. FAA A'fTORNEY 

TEL: ( 425) 227-1417: FAX: ( 425) 227-1007 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Motion for Decision has been served via facsimile and 

First Class certified mail - Return Receipt Requested this date, to the following: 

JY1otion for Decision 

Judge J.E. Sullivan 

Federal Aviation Administration 

800 Independence A venue S W 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

Fax: (202) 267-1293 

David M. Schoeggl 

Attorney at Law 

P.O. Box 91302 

Seattle, W A 98111-9402 

Fax: (206) 223-7107 

Fred Hodgdon 

Select Aviation Services, Inc. 

P.O. Box 430 

Corvallis, MT 59828 

Fax: ( 406) 961-4101 

Dated this 13111 day of May 2015. 

/ 

( _./ ;;!? . ',l/2 \ l'v_ .. /r .~G_f_ ,, __ /d-C/ \, -. ___ _ 

TerTIKirk ·. 

Office of Regional Cmmsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton. W A 98057 

(425) 227-2007 

FAA v. Select Aviation Services. Jnc. 

DOT DMS NO FAA-2014-1119 

Page 3 ofl 

ROBERT SPITZER, FAA ATTORNEY 

TEL: ( 425) 227- 1417; FAX: ( 425) 227-I 007