I . 

In The Matter Of: 

SERVED: SEPTEMBER 8, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARJNGS 

WASHINGTON DC . ' 

Docket No. FAA-2014-0807 

PAZ AVIATION, INC. 

) 

) 

) 

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Case No. 2011S0190272 

Respondent 

ORDER ACKNOWLEDGING THE FAA'S AMENDED COMPLAINT, 

DEEMING PART OF THE RESPONDENT'S AMENDED MOTION MOOT, 

AND RESERVING OTHER REQUESTED RELIEF 

On April 23, 2015, an Order Setting Motion Conference and Deadlines for Supplemental 

Filings was filed. Among other things, this Order set deadlines for the parties to file 

supplemental materials, and set another telephone Motion Conference for July 1, 2015. 

On May 15,2015, the Respondent filed its Amended Motion to Dismiss and 

Memorandum of Law ("Amended Motion"). 

On, the FAA filed a single document, containing two filings: 1) the FAA's Notice of 

Amended Complaint ("Amended Complaint") and; 2) the FAA's Response to Respondent's 

Amended Motion to Dismiss and Memorandum ofLaw ("Response"). 

On June 19, 2015, the Respondent filed a single document, containing two filings: 1) a 

Motion to Dismiss Amended Complaint ("Motion") and; 2) a Reply Memorandum Concerning 

Respondent's Motion to 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 of the volume of materials, this Order addresses only certain matters 

regarding the FAA's June 5, 2015 Amended Complaint. 
A. Applicable Regulation 

Pursuant to 14 C.F.R. § 13.214(b)(1), a party may file an amendment to either a 

complaint or an answer, "without the consent of the administrative law judge," not later than "15 

days before the scheduled date of a hearing." In essence, in FAA civil penalty proceedings, 

pleadings may be amended by either party, as a matter of course (i.e., without court approval), up 

to 15 days prior to a scheduled hearing. 1 In contrast, once a hearing is scheduled, any proposed 

amendment to a complaint or an 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. Brief Discussion 

In its June 5, 2015 Amended Complaint, the FAA has removed eighteen (18) of the fortyeight (48) allegations contained in its original October 7, 2014 Complaint (Amd. Compl. 4 ~II). 

It has corrected a clerical error regarding the maximum penalty allowed per violation (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 instant case, no hearing has been scheduled. As a result, the FAA's Amended 

Complaint has been filed "as a matter of course" 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 Motion requested dismissal of all forty-eight 

(48) allegations contained in the FAA's original October 7, 2014 Complaint. As a result of the 

FAA's June 5, 2015 Amended Complaint, the Respondent's Amended Motion is rendered moot 

on the eighteen ( 18) allegations that the FAA has chosen not to pursue. 

On the remaining thirty (30) alleged violations, 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 It should 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 of course, either 21 days 

after serving it, or after "service of a responsive pleading, or 21 days after service of a motion under rule 12(b ), (e), 

or (t), whichever is earlier." Fed. R. Civ. Proc. IS( a)( I). Under the Federal Civil Rules of Procedure, amendments to 

pleadings after this initial time period are only allowed if the parties consent or if the court grants leave. Fed. R. Civ. 

Proc. 15(a)(2). 

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C. Conclusion 

Pursuant to 14 C.F.R. § 13.214(b)(1), and after having reviewed the case file, all 

pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being 

fully advised; 

IT IS HEREBY ORDERED: 

1. The FAA'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 that the 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 and in its June 19, 2015 Motion, are reserved and will be addressed in a separate 

Order. 

Attachment: Service List 

Page 3 of 3 
Docket No. FAA-2014-0807 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building--Suite 2W1 0002 

ONE COPY 

Mr. William Vines 

Complainant's Counsel 

Federal Aviation Administration 

Office ofthe Regional Counsel, AS0-7 

Southern Region 

1701 Columbia Avenue 

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 Law Judge 

Office of Hearings, M-20 

U.S. Department ofTransportation 

1200 New Jersey 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.