11/07/2012 09:20 4252271007 ANM7 

JEFFREY I-!ARPER 

FAA OFFICE OF REGIONAL COUNSEL 

160 1 LIND AVE., SW 

RENTON, WASHINGTON 98057 

TELEPHONE: (425) 227·2161 

~ ACSIMIT..,E: (425) 227-1007 

-----------.-umNm:O STATES OF AIVIER"ICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Cornerstone Aviation, Inc. 

FAA Case No. 2011NM070084 

DMS No.: FAA-2011-12.93 

Honorable Richard c·. Goodwin. 

RENEWED 

MOTION FOR DECISION 

! Lj 

In accordance with 14 C.F.R. § 13.21 8(t)(5) (Rule 13 .218(£)(5)), the Administrator 

(Complainant) renews its Motion for Decision. There are no genuine issues of material fact, 

as Respondent has still failed to Answer the Complaint. The Complainant is entitled to a 

decision as a matter of law. 

Background . 

On December 5, 201.1, Respondent requested a hearing in response to the Complainan~'s 

Final Notice of Proposed Civil Penalty. On December 15, 2011, Complainant served the 

Complaint on Respondent by facsimile and mail; the facsimile copy was received. on 

December 15) 2011; the mailed copy was receipted for on December 21, 2011. 

On February 8, 2012, Complainant served a Motion for Decision, l on the basis that 

Respondent had not answered the Complaint ru1d thereby admitted all allegations contained 

in the Complaint. 

As of the date of service of this motion, Respondent has not: 

• Answered the Complaint; 

1 DMS No. FAA~20 11.-1293-0003. 

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11/07/2012 09:20 4252271007 ANM7 PAGE 03/05 

• Shovvn good cause for filing an Answer late; 

• Requ.ested an extension of time to file an Answer~ 

• Opposed Complainant's previous Motion for Decision. 

· Respondent has been. served with Procedural Orders entered in tlrree cases which 

affirmatively put Respondent on notic.e ofth~~.lu; :..au;~rA~~~.,~~U-Y:;t.S---..........,..-----­

con.sequences offailing to do so. See DMS Nos. F.AA-2011-0481-0003~ 

FAA-2011.-0481-0004, FAA-2011~0484~0093, and FAA~2011-0489-0004. Respondent is 

aware of the requirement to file an Answer, having properly filed Answers to three previous 

Complaints. 

Argument 

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

depositions, answers to interrogatories, adm.issiollS, 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 m.ai.ter of law. The party making the motion 

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

parties." 14 C.P.R.§ 13.218(£)(5). 

A respondent must file an. Answer. vv.ithin .. 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 ••s days shall be added!l to the tim.e to respond. 14 C.F.R. 

§§ l3.2ll(d) and (e). The Complaint in this case was served by facsimile and mail on 

December 15, 2011. Thus, to be timely) the Answer must have been filed by January 19, 

2012. A «fa.ilure to file an answer without good cause shall be deemed w.1 admission of the 

truth of each allegation contained in the complaint." 14 C.P.R. § 13.209(f); In the Matter of 

Larry's Flying Service, Inc., FAA Order No. 98-4, 1998 WL 158381 (Mar~h 10, 1998). Law 

judges do not have authority to extend the deadline for filing an Answer absent a showing of 

good cause. Larry~ Flying Seroice (citing In the Matter of Robinson, FAA Order No. 97-18 at 

5, 1997 WL307266 (May 23, 1997); In the Matter of Atlantic World Airways, FAA Order. 

No. 95~28 at 3, 1995 WL 853922 (December l9, 1995). Faiiure to file an Answer waives any 

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

Having failed to file anAns_wer by January 19~ 2012, Respondent has admitted the truth of, 

each and every al1egation. in the Complah1t, and waived all affirmative defenses~ including 

those addressed to sanction. 

Over .nine months later, Respondent still has not filed an Answer. In the eight months since 

Complainant filed its initiaJ Motion for .Decision. Respondent has failed to assert an.y cause. 

n1uch less good cause, for why an Answer has not been filed. Respondent was represented at 

Rencwccl Motion for Decision 

In tbe M<ttter of Cornerstone Aviation 

FAA Case No. 2011NM070084, DMS No. F'AA-201 1-1.293 

Page 2 of4 

.IEI'!'Itl::Y M. HAru'ER, FAA ATTORNEY 

TEL: (425) 227-21.6!.; FAX: (425) 227-1007 
11/07/2012 09:20 4252271007 ANM7 

a hearing in three other cases on March 12, 2012 in Salt Lake City. 2 In light of the multiple 

months between the deadline for the Answer an.d today,.tb.e intervening appearance of. 

Respondent at a hearing before this Court, and Respond.ent~s previ?us demonstration of its 

knowledge of the requirement to file au Answer, Respondent is unable to assert any good 

cause at this stage in the proceedings. · 

-----d.=lf.a¥HHl:.4B:H@<~'H'+~~-i:!mthle-to-&emonstrate good cause fox ffii.ng 

an Answer late, there is no genuine 'issue of material fact remaining to be litigated, and 

Complainant is entitled to a decision as a ma.tter of law. 

Conclusion 

For the reasons stated above, tl1e 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 7th day of November, 2012. 

~~~ Attorney 

JMH/tk: 

~ DMS Nos, FAA-2011-0481, FAA-20~ 1-0484, FAA-20l.l-0489. 

Renewed Motion for Deci~ion 

In the Matter of Cornerstone Aviation 

FAA. Caqe No. 20TINM070084, DMS No. FAA-2011-1293 

Page 3 of4 

JEFFREYM. ~.R, FAAAT.TORNEY 

TEL: (425) 227-2161; FAX: (4.25) 227- I 007 

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11/07/2012 09:20 4252271007 ANM7 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Renewed Motion. for Decision has been served via 

facsimile and Certified Mail- Return Receipt Requested this date, to the following_: 

TJ::ie Honorable Richard C. Goodwin 

Office ofHeari.ngs, M-20 

1200 Nt:w J~rse:Y Avenue~ S.E. (Ell-310) 

Washington, D.C. 20590 

TEL: (202) 366·2139 

FAX: (202) 366-7536 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington., D.C. 20591 

Fax: (202) 493-5142 

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

Certified Mail- Retum. Receipt Requested this date, to the following: 

Susan Horstman 

ChiefExecutive Officer 

Cornerstone Aviation. Inc. 

337 North 2370 West #130 

Salt Lake CiJ::y, UT 84116 

Dated this 7th day ofNovember, 20 

T· Kirk 

o· 1ce. of Regional Counsel (ANM~ 7) 

Federal Aviation Administration 

·1601 Lind Ave. ·sw 

Renton, W A 98057 

(425) 227-2160 

Ren.ewed Motion for l)eci~lon 

Jn the Matter o;I;Cornerstone Avlatlon 

FAA CMe No. 20 I l NM070084, DMS No. FAA-20 I l·l293 

Page 4 of4 

.JEFFREY M .. HARPE~, FAA ATT.OR.N'eY 

'tE:L: (425) 227·2161; FAX: (425) 227·1 007 

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