•• 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

August 2, 2012 

New England Region 

Office of the Regional Counsel 

12 New England Executive Park 

Burlington, MA 01803-5299 

Telephone: (781) 238-7058 

FAX: (781) 238-7055 

FACSIMILE (202) 366-7536) & U.S. FIRST CLASS MAIL 

The Honorable J .E. Sullivan, ALJ 

Office of Hearings 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, D.C. 20590 

In the Matter of Daniel Quinonez 

Docket No. FAA-2012-0473 

Case No. 2012EA610020 

Dear Judge Sullivan: 

In reference to the above matter, enclosed please find the following: 

1. Complainant's Motion to Deem Allegations Admitted and to Limit the Hearing to the 

Issue of Civil Penalty; 

2. Proposed Scheduling/Discovery Plan. 

Sincerely, 

R.BENNETTSARGENT 

Attorney 

Enclosures 

cc: Hearing Docket 

Mr. Daniel Quinonez RECEIVED AU6~7 2012 

HEARING DOCKeT 
In the matter of: 

DANIEL QUINONEZ, 

Respondent 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

FAA Case No. 2012EA610020 

FAA Docket No. FAA-2012-0473 

Date: August 2, 2012 

Judge J.E. Sullivan 

COMPLAINANT'S MOTION FOR ORDER DEEMING ALLEGATIONS ADMITTED AND 

TO LIMIT HEARING TO ISSUE OF CIVIL PENALTY 

The Complainant, Federal Aviation Administration (FAA), pursuant to the Rules of 

Practice in FAA Civil Penalty Actions under 14 CFR Part 13, Subpart G, moves the 

Administrative Law Judge (ALJ) for an Order deeming the allegations in the complaint admitted, 

for a decision in favor of the Complainant on the issue of liability, and to limit any hearing in the 

above-captioned matter to the issue of civil penalty amount. In support thereof, the Complainant 

states as follows: 

1. Section 13.209(a) of the Rules requires a respondent to file a written answer to the 

complaint, or a written motion pursuant to sections 13.208(d) or 13.218(f)(1)-(4) of the 

Rules, no later than 30 days after service of the complaint. Complainant served its 

' 

complaint upon Respondent on June 5, 2012 via certified mail, return receipt requested. 

2. Respondent's daughter, Frances Vargas (who filed the Appeal in this matter on 

Respondent's behalf), indicated service of the Complaint via certified mail by signing the 

return receipt on June 12, 2012 (Exhibit A). 

3. Accordingly, under the Rules, Respondent was required to file an answer, at the very 

latest, by July 12, 2012. 

4. As of this date, Respondent has failed to serve Complainant with an answer or other 

written motion in response to the complaint. Further inquiry with the ALJ' s Judicial 

Intern indicated that the ALJ had not received an answer either. 
5. Section 13.209(f) of the Rules provides that, "A person's failure to file an answer without 

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

complaint." 

6. Consequently, because Respondent has failed to file an answer as of this date, each 

allegation contained in the complaint should be deemed admitted as true. The 

Administrator has previously affirmed an ALI's order deeming the allegations in a 

complaint admitted when the Respondent filed the answer sixteen days late. In the 

Matter of Larry's Flying Service, Inc., FAA Order No. 98-4 (March 12, 1998). In the 

present case, Respondent is twenty-one days beyond the deadline set by the Rules as of 

this date. 

7. Under these circumstances, the facts as alleged in the complaint should be deemed 

admitted, thus supporting a finding of violations of 14 CFR sections 121.317(g), 

121.317(h) and 121.317(k) against Respondent. 

WHEREFORE, Complainant respectfully moves the ALJ for an Order deeming the 

allegations in the complaint admitted, for a decision in favor of the Complainant on the issue of 

liability, and to limit any hearing in the above-captioned matter to the issue of civil penalty 

amount. 

Respectfully submitted this 2nd day of August, 2012. 

Federal 

Attorney 

R.BENNETTSARGENT ~ Aviation Administration 

Office of the Regional Counsel 

12 England Executive Park 

Burlington, MA 01803 

Tel: 781-238-7058 

Fax: 781-238-7055 
1. Article Adi:Jre~:sed to: 

Dariie:J,,~Quinonez 

c/o. Rd1nces Vargas 

1012 iast:ern . .Avenue 

Fali ~iver, HA 02723 

2012EA610020 

D. Is delivery address different from item 1? 

If YES, enter delivery address below: 

0 Express Mail 

3. Service Type 

0 Certified Mail 

0 Registered 

0 Insured Mail 

0 Return Receipt for Merchandise 

oc.o.o. 

4. Re.stricted Delivery? (Extra Fee) Yes 

701D 0290 0001 4341 4 

Dome:stic Return Receipt 
CERTIFICATE OF SERVICE 

I certify that the foregoing has been mailed this date by Certified Mail, Return Receipt 

Requested, to: 

Respondent 

Mr. Daniel Quinonez 

c/o Frances Vargas 

1 012 Eastern A venue 

Fall River, MA 02723 

I certify that the foregoing has been sent via facsimile and by U.S. First class Mail this 

date to: 

Administrative Law Judge 

The Honorable J.E. Sullivan 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

Fax: (202) 366-7536 

And 

Hearing Docket 

Federal Aviation Administration (Original and One copy) 

800 Independence A venue, SW 

Wilbur Wright Building-Suite 2W1000 

Washington, DC 20591 

Fax: (202) 493-5142 

Attn: Hearing Docket Clerk, AGC-430 

KEY; Dated Augu 

aralegal/Management Program Analyst 
; 

In the matter of: 

DANIEL QUINONEZ, 

Respondent 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

FAA Case No. 2012EA610020 

FAA Docket No. FAA-2012-0473 

Date: August 2, 2012 

Judge J.E. Sullivan 

PROPOSED SCHEDULING/DISCOVERY PLAN 

Pursuant to the Order of the Administrative Law Judge (ALJ) served on July 2, 2012, the 

parties hereby submit their proposed scheduling/discovery plan. After several attempts to 

contact the Respondent, and several exchanged voice mails with Respondent's 

daughter/representative, the parties were finally able to speak about the matter on this date. 

Although the Complainant is submitting the proposed scheduling/discovery plan, the following 

represents the plan as discussed by the parties on this date: 

1. Procedural Schedule: 

a. Completion of Discovery- On or before October 1, 2012. 

b. All Prehearing Motions- Served on or before October 22, 2012. 

c. Filing of Stipulations, Exchange of Exhibits, Witness Lists, and Summaries of 

Proposed Testimony- No later than November 12, 2012, or 20 days after a ruling 

on all dispositive prehearing motions, whichever is later. 

2. Settlement: Settlement appears to be a viable option in this matter and the parties are 

currently pursuing settlement options. 
3. Hearing Site: The FAA requests that the hearing in this matter be held in Boston, MA, 

and expects that the hearing will last one day. 

Respectfully submitted this 2nd day of August, 2012. 

R.BENNETTSARGENT 

Attorney 

Federal Aviation Administration 

Office of the Regional Counsel 

12 England Executive Park 

Burlington, MA 01803 

Tel: 781-238-7058 

Fax: 781-238-7055 
CERTIFICATE OF SERVICE 

I certify that the foregoing has been mailed this date by Certified Mail, Return Receipt 

Requested, to: 

Respondent 

Mr. Daniel Quinonez 

c/o Frances Vargas 

1 012 Eastern A venue 

Fall River, MA 02723 

I certify that the foregoing has been sent via Facsimile and by U.S. First class Mail this 

date to: 

Administrative Law Judge 

The Honorable J.E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

Fax: (202) 366-7536 

And 

Hearing Docket 

Federal Aviation Administration (Original and One copy) 

800 Independence Avenue, SW 

Wilbur Wright Building-Suite 2W1 000 

Washington, DC 20591 

Fax: (202) 493-5142 

Attn: Hearing Docket Clerk, AGC-430 

KEY; Dated Au 

Paralegal/Managem nt Program Analyst