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In The Matter Of: 

## SERVED: SEPTEMBER 8, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARJNGS WASHINGTON DC

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DocketNo. FAA-2014-0807 PAZ AVIATION, INC. ) ) ) ) ) Case No. 2011S0190272 Respondent



### ORDERACKNOWLEDGING THE FAA'S AMENDED COMPLAINT, DEEMING PART OF THE RESPONDENT'S AMENDEDMOTION MOOT, AND RESERVING OTHERREQUESTED RELIEF On April 23, 2015, an Order Setting Motion Conference and Deadlines for Supplemental Filings was filed. Among otherthings, this Order set deadlines for the parties to file supplemental materials, and set anothertelephone Motion Conference for July 1, 2015. On May 15,2015,theRespondent filed its Amended Motionto Dismiss and Memorandum ofLaw ("Amended Motion"). On, the FAA filed a single document, containingtwo filings: 1) the FAA's Notice of Amended Complaint ("Amended Complaint") and; 2) the FAA's Responseto Respondent's Amended Motion to Dismiss and Memorandum ofLaw ("Response"). On June 19, 2015, the Respondent filed a single document,containingtwo filings: 1) a Motion to Dismiss Amended Complaint ("Motion") and; 2) a Reply Memorandum Concerning Respondent's Motionto Dismiss ("Reply"). On July 1, 2015, the parties convened by telephone for a second Motion Conference, and presented additional oral argument on the Respondent's Amended Motion, which included argument on the Amended Complaint and the Respondent's objection and Motion in response to the Amended Complaint. All materials and responses, supplemental briefs, and arguments have been considered. Because ofthe volume ofmaterials, this Order addresses only certain matters regarding the FAA's June 5, 2015 Amended Complaint.A. Applicable Regulation Pursuantto 14 C.F.R. § 13.214(b)(1), a party may file an amendment to eithera complaint oran answer, "withoutthe consent ofthe administrative lawjudge,"not later than "15 days beforethe scheduled date ofa hearing." In essence, in FAA civil penalty proceedings, pleadings may be amended by eitherparty, as a matter ofcourse (i.e., without court approval), up to 15 days priorto a scheduledhearing. 1 In contrast, once a hearing is scheduled, any proposed amendmentto a complaint oran answer, filed "less than 15 days" before the scheduled hearing, must be reviewed and ruled upon by the Court. 14 C.F.R. 

### § 13.214(b)(2). B. BriefDiscussion In its June 5, 2015 Amended Complaint, the FAA has removed eighteen (18) ofthe fortyeight (48) allegations contained in its original October 7, 2014 Complaint (Amd. Compl. 4**~II).** It has corrected a clerical errorregarding the maximumpenalty allowedperviolation (Amd. Compl. 6**~** III). It has also reduced the proposed penalty from $44,880 (Compl. 4**~III)** to $28,050 (Amd. Compl. 6**~** III). In the instantcase, no hearing has been scheduled. As a result, the FAA's Amended Complaint has been filed "as a matter ofcourse" pursuant to 14 C.F.R. § 13.214(b)(l), and does not require approval by this Comi. The Respondent's May 15, 2015 Amended Motionrequested dismissal ofall forty-eight (48) allegations contained in the FAA's original October7, 2014 Complaint. As a result ofthe FAA's June 5, 2015 Amended Complaint, the Respondent's Amended Motion is rendered moot on the eighteen (18) allegations thatthe FAA has chosennot to pursue. Onthe remainingthirty (30) allegedviolations, the Respondent's requests for relief, in both its May 15,2015 Amended Motion and in its June 19,2015 Motion, are reserved and will be addressed in a separate Order.

1 Itshould be noted that 14 C.F.R. § 13.214 provides greater flexibility in amending pleadings than Federal Rule of Civil Procedure 15, which provides that a pleading may only be amended once, as a matter ofcourse, either 21 days after serving it, or after "service ofa responsive pleading, or 21 days after service ofa motion under rule 12(b), (e), or (t), whichever is earlier." Fed. R. Civ. Proc. IS(a)(I). Under the Federal Civil Rules ofProcedure, amendments to pleadings after this initial time period are only allowed ifthe parties consent or ifthe court grants leave. Fed. R. Civ. Proc. 15(a)(2). Page 2 of3C. 

### Conclusion Pursuantto 14 C.F.R. 

### § 13.214(b)(1), and afterhavingreviewedthe case file, all pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being fully advised; 

### IT IS HEREBY ORDERED: 

### 1. TheFAA's June 5, 2015 Amended Complaint is acknowledged. 2. The Respondent's May 15,2015 Amended Motion is rendered moot on the eighteen (18) allegations thatthe FAA has chosen not to pursue in its June 5, 2015 Amended Complaint. 3. The Respondent's remaining requests for relief, in both its May 15, 2015 Amended Motion andin its June 

### 19, 2015 Motion, are reserved and will be addressed in a separate Order.

Attachment: Service List

Page 3 of 3Docket No. FAA-2014-0807 (Civil Penalty Action) 

### SERVICE LIST- BY U.S. MAIL ORIGINAL& 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building--Suite 2W10002 

### ONE COPY Mr. William Vines Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Mr. David M. McDonald Respondent's Counsel McDonald & McDonald Attorneys at Law P.O. Box 669122 Miami, FL 33166-9428 TEL: 305-643-5313 FAX: 305-643-4990 Judge J.E. Sullivan 

### U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Paz Aviation Inc., Respondent c/o Jay Allen, President 7455 W 2nd Court Hialeah, FL 33014-4301

2 Service was by U.S.·Mail. For service in person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC---430.