> 08/03/2010 09:31 FAI 3107256816 AWP-7 121002 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of TMW Corporation FAA Docket No. CP1 OWP^WOS 

d/b/a Castle Precision Industries.: DMS No.: FAA 2010-0543 

FAA Region: Western PacJlfic 

Respondent Judge: Richard C. Goodivm 

COMPLAINANT'S MOTION TO DEEM ALLEGATIONS ADMIT! lED 

To: Administrative Law Judge Richard C. Goodwin and Respondent: 

The Federal Aviation Administration ("Agency") by and through counsej, 

pursuant to 14 C.F.R. §§13.209 and 13.218, hereby moves to deem the complak t's facts 

admitted because Respondent failed to timely file an answer. 

I. FACTS AND PROCEDURAL fflSTORY 

This case is about Respondent's failure to ensure that tools it uses to mat ti 

airworthiness determinations are properly calibrated. The Agency served the complaint on 

Respondent's President, Gary Berger, via certified mail on June 23, 2010, and it weis 

successfiilly delivered on June 28,2010.' The complaint's cover letter stated in !:art: 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES 01' 

PRACTICE REQUIRE THAT A WRITTEN ANSWER TO THE 

COMPLAINT BE FILED NOT LATER THAN 30 DAYS AFTER 

SERVICE OF THE COMPLAINT... .^ 

To date, the Agency has not received Respondent's answer. On August 2, 2010, the 

undersigned spoke with Attorney-Advisor Ira Leibowitz in the DOT Office of H'larings, who 

confirmed that an answer had not been filed either. 

^ Exhibit "A": Complaint Certificate of Service and USPS Domestic Return Receipt dated June 2iJ, 2010 

^ Exhibit "B": Complaint Cover letter dated June 23,2010 
08/03/2010 09:31 FAX 3107256816 AWP-7 il003 

IL ARGUMENT: THE TRUTH OF THE ALLEGATIONS IN THE COMPLAINT 

SHOULD BE DEEMED ADMITTED 

A respondent stiall file a written answer to the complaint not later than 3< i days^ 

(plus 5 days for service by mail*) after service of the complaint. Here, the Agem:y served 

the complaint via certified mail on June 23, 2010,* Thus, Respondent's answer yvas due 

35 days later on Friday, July 28,2010. A person's "failure to file an answer with :>ut good 

cause shall be deemed an admission of the tmth of each allegation contained in t;:e 

complaint."^ 

HI. CONCLUSION 

Complainant's failiure to file an answer should be deemed an admission clothe 

truth of each allegation contained in the complaint. 

Respectfully submitted, 

Naomi Tsuda 

Regional Counsel 

By: 

Adam Runkel 

Attorney 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Dated: AUG 0 3 2010 

M4C.F.R.§ 13.209(a) 

'*14C.F.R. § 13.211(e) 

^ Exhibit "A": USPS Domestic Return Receipt 

M4C.F.R. §13-209(0 
08/03/201 0 09:3 1 FAI 310725681 6 AWP-7 (11004 

CERTIFICATE OF SERVICE 

I hereby certify that on this date I have sent by facsimile and placed in the United 

States mail, postage prepaid, certified mail - retum receipt requested, the executed origiiial 

and one copy of the Complaint, addressed as follows: 

Federal Aviation Administration 

SOO bidependence Avenue, SW 

Washington, DC 20591 

Attti: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

Facsimile: (202) 493-5142 

I fiirther certify that on this date I have placed in the United States mail, pos iage 

prepaid, certified mail - retum receipt requested, a true copy of the Complaint, addressed as 

foUo^ro: 

Gary Berger, President 

TMW Corp. d/b/a Castle Precision Industries 

15148 Bledsoe Street 

Syhnar,CA 91342 

Dated: JUN2 3 2fl1fl 

r^^^f ^ 

SENDER; COMPLETE THIS SECTION 

m CoinpiBtsttwns^,2,ancl3.Al90oonipletB 

ttam 4 if Rastrteted Dellv9(y Is desired. 

• Print your name and addtsss on ttw reverse 

so that wa can retum ths card to you. 

• Attach this canj to the back Of the mairplsce. 

or on the front if apace pemilts. 

Jeff Kamber^ Eegal Technic 

Office of the Regional Coun: 

Federal Aviation Administrai 

Western-Pacific Region 

Lawndale, California 

1. AnletoAddreBBedtD: 

Gary Berger, President 

TMw^Corp. d/b/a Castle Precision 

15148Bledsoe Street 

Sylmar, CA 91342 

DAQant 

n Addrasso 

Indu i ^es 

a. SoviceTypa 

ROanBMMal 

• Ragistsred 

DlnwiBdMaD 

• Ftahim Racalpt for M«n3iiani]lM 

a C.OJD. 

4. Baitik*t>tiDetMn,^(ExaaF»eJi D V n 

2. >VtUB Number 

^7!ansta-Asm Mrvfc9 iBtiaO 7003 DSDO OODB :.,13^ 0fl3t 

PS FOmi 3811 , February 2004 DofimUc Ratum Racsipt iaass»)244-l»ii 

Exhibit A 
' 08/03/201 0 09:3 1 FAI 310725881 6 AWP-7 2)005 

< S^ 

U.S. Department 

of Transportation 

Federal Aviation 

Administiatioii 

JUN 2 3 2010 

Western-Pacific Region 

Offfce of the Regional Counsel 

P.O. Box 92007 

Los Angeles. C/» 90009-2007 

Telephone: (31C) 725-7142 

Facsimile: (310)*?'25-6816 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington. DC 20591 

Attn: Hearing Docket Cleik, AGC-430 

Wilbur Wright Building - Suite 2W1000 

Re: In the Matter of TMW Corporafion d/b/a Castle Precision Industries: Case No 

2010WP010029 

Enclosed is a copy of a request for hearing dated June 15,2010, and the original anc. one 

copy of the Complaint in tibe above-referenced proceeding. 

1 request that the hearing in this matter be held in the Gardena, California area, and pxpect 

that the hearing will last one (1) day. 

Please address all conmnmications for the Regional Counsel of the Western-Pacific J-Legion, 

to the undersigned, at: Office of the Regional Counsel, AWP-7.12, Federal Aviatiori 

Administration, Western-Pacific Region, P. O. Box 92007, Los Angeles, CA 90009-2007, 

Telephone: (310) 725-7142. FAX: (310)725-6816. 

Sincerely, 

Naomi Tsuda 

Regional Counsel 

By: <<^0t»^ ^ 

Adam Runkel 

Attorney 

Enclosures; Request for Hearing; Complaint; Certificate of Service 

NOTTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTTC: 

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NOT 

LATER THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN 

ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BE FILED PURSUE JH' 

TO SECTION 13.208(D) OR SECTION 13.2I8(F)CI-4) OF THE RULES OF PRACTfCE. 

Exhibit B 
08/03/2010 09:31 FAI 3107256816 AWP-7 iffloue 

CERTIFICATR OF SERVICE 

I hereby certify that on this date I have sent by facsimile and placed in th;: United 

States mail, postage prepaid, certified mail - return receipt requested, the Compi fdnanV s 

Motion to Deem Allegations Admitted, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

Facsimile: (202) 493-5142 

Hon. Richard C. Goodwin 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. 

East Building Ground Floor, Room E12-230 

Washington. D.C. 20590 

Facsimile: (202) 366-7536 

Gary Berger, President 

TMW Corp. d/b/a Castle Precision Industries 

15148 Bledsoe Street 

Syhnar, CA 91342 

Facsimile: (818) 367-8936 

Dated: ^yg Q 3 ^Qio 

- ^ 

Jeff Kambeirl, Legal Technic 

Office of the Regional Couffiel 

Federal Aviation Administration 

Western-Pacific Region 

Lawndale, California