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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Ave., S.E. (Ell-310) Washington,D.C. 20590 Fax: 202-366-7536 Re: Select Aviation Service DocketNo. 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 15 Zni5 

## HEARING DOCKET

The FAA is submitting this letter due to the Agency's inabilityto confer with Select Aviation Service inthis matter. As ofMay 15, 2015, Counsel for Select Aviation Services has withdrawn, and it appears Select Aviation Services is currently bankrupt. The FAAhas been unable to contact Select, and has not received any contact fromthe 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 withyourhonor. Accordingly, the FAA is resubmitting the attached motion, since the Respondent has still not filed an Answer inthis matter. Since the FAA has not been able to contactthe Respondent in this matter, the Agency is unable to provide aproposed scheduling/discovery plan in accordance withthe Prehearing Order. Sincerely,

RS/ds Enclosure: Motion for Decision
cc: FredHodgdon, Select Aviation Services, Inc.

### CERTIFICATE OF SERVICE
I hereby certify thatthe foregoing letter has been served viaFacsimile and Certified Mail- return receipt requestedthis date, to the following:
Administrative LawJudge J.E. Sullivan Federal Aviation Administration 800 Independence Avenue SW AGC-430 Washington, DC 20594 FAX: (202) 267-1293 Fred Hodgdon SelectAviation Services, Inc. P.O. Box430 Corvallis, MT 58928 FAX: (406) 961-4101
Dated this 9th day ofJune, 2015.

: 1 "A /: il

# --:·---{?~~\>--f---.t<~c-**-c~ JJ./~-j"** (**is~a Stephe~soil**  Office ofRegional Counsel (ANM-7) Federal AviationAdministration 1601 Lind Ave. SW Renton, WA 98057 (425) 227-2007ROBERT SPITZER FAA OFFICE OF REGIONAL COUNSEL 1601 LIND AVE., SW RENTON, WASHINGTON 98057 TELEPHONE: (425) 227-1417 FACSIMILE: (425) 227-1007 

# RECEIVED JUN l5 2015 HEARING DOCKET

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D-C

Inthe Matter of: Select Aviation Services, Inc. DocketNo. FAA 2014-1119 Judge J.E. Sullivan

Motion for Decision In accordance with 14 Code ofFederal Regulations (C.F.R.) 

### § 13.218(f)(5) (Rule 13.218(f)(5)), theAdministrator (Complainant) brings this Motion for Decision. There are no genuine issues ofmaterial fact, as Respondent has failed to answer the Complaint. The Complainant is entitled to a decision as a matter oflaw.

On January 13, 2015, Respondent requested a hearing in response to the Complainant's Final Notice ofProposed 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 lawjudge shall grant apmiy's motion for decision ifthe pleadings, depositions, answers to interrogatories, admissions, matters that the administrative lawjudge has officially noticed
... show that there is no genuine issue ofmaterial fact and that the party making the motion is entitled to a decision as a matter oflaw. 

### The party making the motion

... has the burden ofshowing that there is no genuine issue ofmaterial fact disputed by the parties." 14 C.F.R. 

### § 13.218(f)(5). A respondent must file an answer within "30 days after service ofthe complaint." 14 C.F.R. § 13.209(a). For service by mail, the date ofservice is the date ofmailing as shown onthecertificate ofservice; an additional "5 days shall be added" to the time to respond. 14 C.F.R. §§ 13.211(d) and (e). The Complaint inthis case was served by mail onJanuary 30, 2015. Thus, to be timely, the answer musthave been filed by March 1, 2015. A "failure to file an answer without good cause shall be deemed an admission ofthe truth ofeach 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). Lawjudges do not have authority to extendthe deadline for filing an answer absent a showing ofgood cause. Larry

# s Flying Service (citing In the Matter r'f Robinson, FAA OrderNo. 97-18 at 5, 1997 WL 307266 (May 23, 1997); 

### In the }v[at/er ofAtlantic WorldAirways, 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

# sFlying Service at 4. The Complaintinthis 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 ofeach 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 FAArespectfully requests that this court grant this Motion for Decision. There are no genuine issues ofmaterial fact to be litigated.
Respectfully submitted this 13th day ofOctober, 2014. 

# /!!-

Robert Spitzer FAA Attorney

Motion for Decision FAAv. 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 thatthe foregoing Motion for Decision has been servedvia 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 Avenue SW 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 ofMay 2015. / 

# (_./ ;;!?
.

# ',l/2
\ l'v_
../r

**.~G_f_** ,,__/d-C/ \, -.___ _ TerTIKirk ·. Office ofRegional 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-I007