SERVED MARCH 1, 2012 

U.S. DEPARTMENT OF TRANSPORTATIONli^'!^QpoR^^^^ . 

OFFICE OF HEARINGS {]0&B OPERATIONS 

WASHINGTON, DC 

7(ji; m -i P Z 58 

IN THE MATTER OF: 

COASTAL AIR 

TRANSPORT, INC., 

Respondent 

DOCKET NO. FAA-2011-1005 

CascNo. 2010SO700037 

ORDER DfRECTING RESPONDENT TO FILE ANSWER, AND 

ORDER TO SHOW CAUSE WHY THE FAA'S MOTION FOR DECISION 

SHOULD NOT BE GRANTED 

On January 4, 2012 an Order Setting Rule 16 Litigation Scheduling Conference, 

and Directing Rule 26(f) Planning and Submission was filed. Among other things, this 

Order set the Rule 16 Litigation Scheduling Conference on March 1,2012. 

On Februai'y 23, 2012 the Federal Aviation Administration (FAA) filed a Rule 

26(f) Report Submitted by^Complainant FAA. On February 23, 2012 the FAA also filed 

a Motion for Decision on the Pleadings or.in the Alternative, Motion for Hearing on 

Sanction Only. 

On Thursday, March 1,2012, the FAA appeared by telephone for the scheduled 

Civ. R. 16 Litigation Scheduling Conference. The Respondent, Coastal Air transport, 

Inc., represented pro se by its President, Michael Foster, did not appear, and there was no 

explanation for the Respondent's absence. The March 1, 2012 court recordspecifically 

identifies the notice given to the Respondent of the Civ. R 16 Litigation Scheduling 

Conference, as well as the attempts the Office of Hearings made on March 1, 2012 to 

telephonically contact the Respondent for the Civ. R 16 Litigation Scheduling 

Conference. At the March 1, 2012 Litigation Scheduling Conference, the FAA noted 

that its last discussion with the pro se Respondent representative, Michael Foster, had 

been on May 11, 2011. The FAA had then exchanged phone messages with the 

Respondent on February 21, 2012 and February 24, but the Respondent had not made 

himself available to participate in the court-directed Rule 26(f) planning meeting. 

In addition, the pro se Respondent has not filed a written Answer to the FAA's 

September 8, 2011 Notice of Complaint. The Respondent has not responded to the 

FAA's February 23, 2012 Motion for Decision on the Pleadings or in the Alternative,' 

Motion for Hearing on Sanction Only. 

Page 1 of2 
It Is Hereby Ordered: 

1. On or before March 23, 2012, the Respondent shall file a written Answer to the 

Notice of Complaint. Pursuant to 14 C.F.R. §13.209(d) and (e), this Answer shall 

specifically respond to each allegation in the Notice of Complaint, and 

specifically identify each affirmative defense (if any) the Respondent intends to 

assert. The Respondent shall also explain why he did not file a timely Answer as 

required by 14CF.R. §13.209(a). 

2. OnorbeforeMarch23, 2012, and pursuant to 14 C.F.R. §13.211 and 14CT.R. 

§13.218, the Respondent shall file a written Response to the FAA's February 23, 

2012 Motion for Decision on the Pleadings or it\ the Alternative, Motion for 

Hearing on Sanction Only. In this Response, the Rcspondent'shall specifically 

respond to each assertion niade in the FAA's Motion. 

3. The Respondent shall serve his written Answer to the Notice of Complaint, and 

his written Response to the FAA's February 23, 2012 Motion, both by fax 

submission and by U.S. mail to all the parties listed in the attached Service List 

herein. The fax number to the Office of Hearings is (202) 366-7536. 

4. If the Respondent fails to file a written Answer to the Notice of Complaint, and 

fails to file a written Response to the FAA's February 23, 2012 Motion for 

Decision on or before March 23, 2012, the Respondent may be deemed to be in 

default, and pursuant to 14 C.F.R. § 13.209(f) the allegations in the Notice of 

Complaint may be deemed admitted. In addition, the FAA's Motion for Decision 

may be granted, all or in part, without further notice to the parties, and without 

further conference or hearing. 

5. The FAA's February 23, 2012 Motion for Decision on the Pleadings or in the 

Alternative, Motion for Hearing on Sanction Only is reserved until April 2, 2012. 

tive Law Judge 

Attachment: Service List 

Page 2 of2 
FDMS No. FAA-2011-1005 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COP.Y 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2WI000' 

ONE COPY 

George Logan, Agent for Service 

Coastal Air Transport, Inc., Respondent 

1131 King Street, Suite 204 

Christiansted, St. Croix, VI 00820-4971 

Michael Foster, President 

Coastal Air Transport, Inc., Respondent 

P.O. Box 3985 

Christiansted, St. Croix, VI 00822 

TEL: 340-773-6862 

Rashawn Rich George, Complainant's Counsel 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington. DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Adminisiralion, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 2W1000, Washington, 

DC 20591; Attenlion: Hearing Docket Clerk, AGC-430.