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U.S. DEPARTMENT OF TRANSPORTATION r^r-^CIX/Cr ^ 

OFTICE OF HEARINGS t i d W i Z I V UlL / 

WASHINGTON, DC 

OCT 2 1 2010 

In the Matter of Donna DeVancy, FAA Docket No. 'Ct*lWS¥P*"»-' DCX^Kt T 

DMS No.: FAA 2010-0785 

FAA Region: Western Pacific i^a 

Respondent Judge: Richard C. Goodwin 'Z,l_ '^ .5^i::p 

CD rn- : d=^:-o 

r^as; 

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COMPLAINANT'S MOTION IO DEEM ALLEGATIONS ADMITTED > 

335*2: 

^ Q9^ 

— GO 

To. Administrative Law Judge Richard C. Goodwin and Respondent: "^ 

The Federal Aviation Administration ("Agency") by and through counsel, 

pursuant to 14CFR §§13.209 and 13.218, hereby moves lo deem the Complaint's facts 

admitted because Respondent has failed to file an answer, 

1. FACTS AND PROCEDURAL HISTORY 

This case revolves around Respondent's interference wiih the duties of the 

crewmembers on Sky King flight 2521 by failing to take her assigned seat as instructed by the 

crewmembers of the flight. The Agency served the complaint on Respondent via certified 

mail on August 6, 2010, and it was successfully delivered on August 27, 2010.' The 

Complaint's cover letter stated in part: 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF 

PRACTICE REQUIRE THAT A WRITTEN ANSWER TO THE 

COMPLAINT BE FILED NOT LATER THAN 30 DAYS AFTER 

SERVICE OF THE COMPLAINT. . . .' 

^ Exhibit "A": Complaint CertiliCHte of Service and USPS Domestic Remni Receipt dated August 27, 2010. 

^ Exhibit "B": Complaint cover letter dated August 6, 2010. 
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Judge Goodwin's Procedural Order, dated September 1,2010, specifically notified 

Respondent of her obligation to file an answer, quoting 14 CFR § 13.209(e) and waniing that 

"failure to file an Answer without good cause is deemed an admission of each allegation in 

the Complaint." To date, the Agency has not received Respondent's answer. On October 12, 

2010, the undersigned spoke with Attorney-Advisor Ira Leibowitz in the DOT Office of 

Hearings, who confirmed that an answer had not been filed. 

IL ARGUMENT: THE TRUTH OF THE ALLEGATIONS IN THE COMPLAINT 

SHOULD BE DEEMED ADMITTED 

The Rules of Practice clearly state that a respondent shall file a written answer to 

the complaint not later than 30 days^ (plus 5 days for service by mail"*) after service of the 

complaint. Here, the Agency served the complaint via certified mail on August 6, 2010.' 

Thus, Respondent's answer was due Monday, September 13, 2010. Respondent has had 

jnore than ample notice of her obligation to file an answer.* She has had more than 65 

days since service of the Complaint to file an answer. No excuse offered by Respondent 

could constitute good cause for her failure to file an answer under these circumstances. 

Pursuant to 14 CFR § 13.209(f), Respondent's failure to file an answer wiihout good 

cause should be deemed an admission of the truth of each allegation contained in the 

complaint. 

M4CFR§ 13.209(a). 

" MCFRiJ 13.211(e). 

' Exhibit "A": USPS Domestic Return Receipt. 

* In addition to the Complaint cover letter and the Procedural Order, the Agency informed Respondej\i, via 

e-mail, of her obhgaiion to file an ans^vc^ on August 10, 2010. See "Exhibit C." 
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III. CONCLUSION 

The Agency requests that, pursuant to 14 CFR § 13.209(f), the Judge deem 

Complainant's failure to file an answer an admission of the truth of each allegation 

contained in the complaint. 

Respectfully submitted, 

NAOMI TSUDA 

Regional Counsel 

By: 

Adarn Runkel 

Attorney 

Federal Aviation Administration 

Office of the Regional Counsel 

Western-Pacific Region 

^''^^^'- OCT 1 5 2010 
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CERTIFICATE OF SERVICE 

I hereby certify that on this date I have sent by facsimile where indicated and 

placed in the United States mail, postage prepaid, certified mail - return receipt requested 

Complainant's Motion to Deem Allegations Admitted, addressed as follows: 

ORIGINAL AND ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Atm: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

ONE COPY 

Hon. Richard C. Goodwin 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. 

East Building Ground Floor, Room El2-230 

Washington, D.C. 20590 

Facsimile; (202) 366-7536 

Donna R. DeVaney 

212 Sleeplebrook Dr. 

Spring Branch, TX 78070 

'^^ted: OCT 1 5 2010 

unbeil;, Legal Tech 

< ^ 

Jeff Kambeit,Legal Technician 

Office of the Regional Counsel 

Federal Aviation Administration 

WesLem-Pacific Region 

Lawndale, California 
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<d 

Exhibit A 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Western-Pacific Region 

Office of the Regional Counsel 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

Telephone: (310) 725-7142 

Facsimile: (310) 725-6816 

AUG 0 6 2010 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building ~ Suite 2W1000 

EO 

U.S. Postal Servicern 

CERTIFIED MAI U RECEIPT 

{Domestic Mai l Only; No Insurance Coverage Provided) 

For delivery inrormdllon visit our website at wwvr.usps-com:^ 

Re: In the Matter of Donna R. Devaney: Case No. 201' m OFFIOIA I ll^ F 

Posuige t 

CaiifiMPea 

Enclosed is a copy of a request for hearing dated July 21 

copy of the Complaint in the above-referenced proceedi S 

r-, R«turnn«daDtPe« 

' -' (EndoresfTMin Ptqulrad) 

I request that the hearing in this matter be held in the Sa Q nM»a^ O^HM^ FO* 

expect that the hearing will last one (1) day. ^ i^^o^^^^ ^ 

n j Telal Ptiaagt & Paaa 

Poatmwk 

Hers 

Please address all communications for the Regional Coi 2 

lo the undersigned, at: OfBce of the Regional Counsel, a 

Administration, Western-Pacific Region, P. O. Box 920 

Telephone: (310) 725-7142, FAX: (310) 725-6816. 

Sintii'Jifi. 'No.'"' 

or PO Box No. 

0cAJ(\r/f-iJ£VA^ ^ 

Sincerely, 

NAOMI TSUDA 

Regional Counsel 

By: 

LENDER 

; • .'.Cdrnplete hwra'il, 2, and 3.'Ai90 'ixKiiiei^!^^^ . 

.•;^:-,llBm'4 If Restricted DO^ k <kakmL^iJi;$?;i}^ 

• Piimyour name and,adtbws bri thfl.iwvenie .>:|:v 

''•'::.^s61titt'we''cah''ntijrnlhe"c^to'jiDU.''.''^,*^'.';'' ,\''.' 

,^«-.^^iW oiti Iha liwn If .Bpw'penn,!^'^^ 

.i;.AillolajkMii.iiMuJ tai 

DormaR: DeVaney'v; 

Adam Runkel 

Attorney 

c I o^^„^cf f>.^ I 212 Stfeeplcbrook Dr: • -

Enclosures: ^^^^^\sT0ngZt^rxm O 

NOTE TO RESPONDEl • • -

REQUIRE THAT A WRI. ? 

LATER THAN 30 DAYS':-v 

ALTERNATIVE TO FIL>-

^:^ : '• 

3. Smtoeiypa ' 

"Hcartned"liM .'.p i 

' O RaghiHwi ;; D RettiffiBBoriptterMawtMndlBe 

:.'. D bwa d Man''.':-'a doJX •:'-••.••-.'••.•••.'• 

4. fittaiitiiid Oeflvw^. (Bm Faei vDMwi'^ ••'.. i 

TO SECTION 13.208(D) j ^ JSSST I 

W ; H 11 

PS Forni 3811 . August ^ 1 

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Exhibit B 

<d 

U.S. Department 

of Transportation 

Federal Aviation 

Admfnistiation 

Western-Pacific Region 

Office of the Regional Counsel 

AUG 0 6 2010 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administiation 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbiif Wright Building - Suite 2W1000 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

Telephone: (310)725-7142 

Facsimile: (310) 725-6816 

Re: In the Matter of Donna R. Devanev: Case No. 2010WP250031 

Enclosed is a copy of a request for hearing dated July 29, 2010, and the original and one 

copy of the Complaint in the above-referenced proceeding. 

1 request that the hearing in this matter be held in the Sacramento, California area, and 

expect that the hearing will last one (1) day. 

Please address all communications for the Regional Counsel of the Western-Pacific Region, 

to the undersigned, at: OfBce of the Regional Counsel, AWP-7. 12, Federal Aviation 

Administration, Western-Pacific Region, P. O. Box 92007, Los Angeles, CA 90009-2007, 

Telephone: (310) 725-7142, FAX: (310)725-6816. 

Sincerely, 

NAOMI TSUDA 

Regional Counsel -

By: 

Adam Runkel 

Attorney 

Enclosures: Request for Hearing; Complaint; Certificate of Service 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTICE 

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NOT 

LATER THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN 

ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BE FILED PURSUANT 

TO SECTION 13.208(D) OR SECTION 13.218(F)(M) OF THE RULES OF PRACTICE 

^~' 
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Exhibit C 

Re: Information Q 

Adam Runkel 

AWP-007, Regional Counsel 

to: Donna Devaney 08/10/2010 08:05 AM 

Ms. Devaney, 

We received your request for a hearing. I withdrew the Order Assessing Civil Penalty and filed a 

Complaint on August 6, 2010. You should be receiving both documents by certified and regular mail. You 

will be required to file an Answer within 30 days of service (date of mailing) of the Complaint in 

accordance with TitJe 14, Code of Federal Regulations section 13.209. You may also file a motion 

pursuant to section 13.208(d) or 13.218(f)(1-4). 

Sincerely, 

Adam Runkel, AWP-7.12 

Attorney 

FAA, Western Pacific Region 

(310) 725-7142 / Fax (310) 725-6816 

IMPORTANT: This message, including any attachments, is intended solely for specific recipients. If you 

are not an intended recipient of this communication, you are not authorized to read, print, retain, copy or 

disseminate this message or any part of it. This message may be confidential, an attorney-client 

communication, part of the agency's deliberative process, or attorney work product and must not be 

forwarded or otherwise shared without express permission. If you have received this e-mail in error, 

please notify me by e-mail or telephone, discard any paper copies and delete all electronic files of this 

e-mail. 

"Oonna Devaney" Adam, Just checking to see if you received the i... 

Frorn: 'Donna Devaney" <devaney@gvtc.com> 

To: Adam Runkel/AWP/FAA@FAA 

Date: 08/09/2010 12:23 PM 

Subject: Information 

08/09/2010 12:23:48 PM 

Adam, 

Just checking to see rf you received the info that we sent to you. If so what is the status and what will be the next step? 

Thank You, 

Donna Devaney 

Embellishments Interior Designs 

210.771.8454 • devaney@gvtc.com