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U.S. Department of Transportation Federal Aviation Administration
August 2, 2012 New England Region Office ofthe 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 ofHearings U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, D.C. 20590 In the Matter ofDaniel Quinonez DocketNo. FAA-2012-0473 Case No. 2012EA610020 DearJudge Sullivan: In reference to the above matter, enclosedplease find the following: 1. Complainant's Motion to DeemAllegations Admitted and to Limit the Hearing to the Issue ofCivil Penalty; 2. Proposed Scheduling/Discovery Plan. Sincerely,

R.BENNETTSARGENT Attorney Enclosures
cc: Hearing Docket Mr. Daniel Quinonez 

# RECEIVED**AU6~7** 

## 2012 

# HEARING DOCKeTIn the matter of: DANIEL QUINONEZ, Respondent U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

FAA Case No. 2012EA610020 FAA DocketNo. FAA-2012-0473 Date: August 2, 2012 Judge J.E. Sullivan
COMPLAINANT'S MOTION FORORDERDEEMINGALLEGATIONS ADMITTED AND TO LIMIT HEARING TO ISSUE OF CIVIL PENALTY The Complainant, Federal Aviation Administration (FAA), pursuantto the Rules of Practice in FAA Civil Penalty Actions under 14 CFRPart 13, Subpart G, moves the Administrative LawJudge (ALJ) for an Order deeming the allegations inthe complaint admitted, for a decision in favor ofthe Complainant onthe issue ofliability, and to limit any hearing in the above-captioned matterto the issue ofcivil penalty amount. In support thereof, the Complainant states as follows: 1. Section 13.209(a) ofthe Rules requires a respondentto file a written answerto the complaint, or a written motion pursuantto sections 13.208(d) or 13.218(f)(1)-(4) ofthe Rules, no laterthan 30 days after service ofthe complaint. Complainant served its ' complaintupon Respondent on June 5, 2012 via certified mail, return receiptrequested. 2. Respondent's daughter, Frances Vargas (who filed the Appeal inthis matter on Respondent's behalf), indicated service ofthe Complaint viacertified mail by signing the return receipt onJune 12, 2012 (ExhibitA). 3. Accordingly, underthe Rules, Respondent was required to file an answer, atthe very latest, by July 12, 2012. 4. As ofthis date, Respondent has failed to serve Complainant with an answerorother written motion inresponse to the complaint. Further inquirywith the ALJ's Judicial Intern indicated thatthe ALJ had not received an answer either.5. Section 13.209(f) ofthe Rules provides that, "Aperson's failure to file an answer without good cause shall be deemed an admission ofthe truth ofeach allegation contained in the complaint." 6. Consequently, because Respondent has failed to file an answer as ofthis 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 ofLarry's Flying Service, Inc., FAA OrderNo. 98-4 (March 12, 1998). In the present case, Respondent is twenty-one days beyond the deadline set bythe Rules as of this date. 7. Underthese circumstances, the facts as alleged in the complaint should be deemed admitted, thus supporting a finding ofviolations of 14 CFR sections 121.317(g), 121.317(h) and 121.317(k) against Respondent. WHEREFORE, Complainantrespectfully moves the ALJ for an Order deeming the allegations in the complaint admitted, for a decision in favor ofthe Complainant onthe issue of liability, and to limit any hearing in the above-captioned matterto the issue ofcivil penalty amount. Respectfully submitted this 2nd day ofAugust, 2012.

# ~ R.BENNETTSARGENT Attorney Federal Aviation Administration Office ofthe Regional Counsel 12 England Executive Park Burlington, MA 01803 Tel: 781-238-7058 Fax: 781-238-70551. 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 ReceiptCERTIFICATE 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 Avenue 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 ofTransportation 1200 NewJerseyAvenue, 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 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 DocketNo. FAA-2012-0473 Date: August 2, 2012 Judge J.E. Sullivan

PROPOSED SCHEDULING/DISCOVERY PLAN Pursuant to the Order ofthe Administrative LawJudge (ALJ) served on July 2, 2012, the parties hereby submit theirproposed scheduling/discoveryplan. 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 ofDiscovery- On orbefore October 1, 2012. b. All Prehearing Motions- Served on orbefore October22, 2012. c. Filing ofStipulations, Exchange ofExhibits, Witness Lists, and Summaries of Proposed Testimony- No laterthan November 12, 2012, or20 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 FAArequests 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 ofAugust, 2012.

R.BENNETTSARGENT Attorney Federal Aviation Administration Office ofthe Regional Counsel 12 England Executive Park Burlington, MA 01803 Tel: 781-238-7058 Fax: 781-238-7055CERTIFICATE 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 Avenue 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 ofTransportation 1200 NewJersey 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 2W1000 Washington, DC 20591 Fax: (202) 493-5142 Attn: Hearing Docket Clerk, AGC-430

KEY; Dated Au Paralegal/Managem ntProgram Analyst