11/15/2015 07:53 4252271007 ANM7 

In the Matter of: 

William A. Curtright 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

Docket No. FAA-2015-1319 

FAA Case No. 2014NM090046 

Judge J. E. Sullivan 

PAGE 02/05 

COMPLAINANT'S MOTION FOR PARTIAL DECISION (SUMMARY JUDGMENT) 

Complainant moves for Summary Ju.dgment, pursuant to the provisions of 14 CFR Section 

13.218(f)(5) and Rule 56 of the Federal Rules of Civil Procedure (FRCP), since, after considering 

the pleadings and the attached declarations and evidence, it should be clear that there .\s no genuine 

issue as to the material facts alleged and discussed below, and the FAA is entitled to a judgment in 

this case as a matter oflaw as to the issue of whether the violation was corrimitted as alleged. 

Factual background 

Titis matter arose when Aviation Safety Inspectors (AS Is) from the Portland Flight 

Standard$ District Office (FSDO) investigated an accident that had occurred on Respondent's 

property. AnAST informed Respondent that he was required to provide access to certain. records. 

Respondent failed to do so. 

On January 14, 2015, the FAA issued a Notice of Proposed Civil Penalty (NPCP) which 

alleged the following: 

Tltis office has received a report of investigation from which it appears tl1at: 

J.. You were at all times material hereto the owner and/or operator of a Piper Model PA18135, a U.S. registered civil aircraft, N949JP. 

2. On or about July 1, 2014, an Aviation Safety Inspector (ASI) from the Portland Flight 

Standards District Office wrote you a letter demanding that you provide aircraft weight and balance, 

and aircraft and engine tnaintenan.ce logbooks for N949JP. 

1 
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3. You sent two emails and a letter acknowledging that you were aware of the demand. 

4. As of this time, you have failed to provide the maintenauce recm:ds referenced above. 

By reason of the foregoing facts and circumstances, it appears that you violated Section 91.417 (c) 

of the Federal Aviation Regulations (14 Code of Federal Regulations (C.P.R.)) in that you owued 

or operated an aircraft for which you failed to make all maintenance records reqttired to be kept by 

this section available for inspection by the Administrator. 

Under 49 United States Code Sections 4630l(a) and (d), you are subject to a civil penalty not to 

exceed $11,000 for each violation noted. We propose to assess a civil penalty in the amount of 

$11,000. 

Although Respondent was briefly represented by counsel, no informal conference WB$ 

rcqucsted or took place. On May 19, 2015, Complainant filed the Complaint sub judice contaiillng 

the identical language. Respondent failed to file a timely Answer1

, but, apparently contacted the 

FSDO and arranged to have the records examined. Undersigned counsel WB$ notified tlmt the 

records had been provided and were in order on August 17, 2015. 

Pursuant to the ALT' s rulings during the Prehearing Conference of September 20, 2016, the 

parti.es then exchanged discovery, and this Moti.on for Summary Judgment follows. 

For tl1e reasons that follow, Complaint asks for partial summary judgment on factual 

allegations in the Complaint, leaving only the sanction for adjudication. 

ARGUMENT AND BASIS FOR REQUESTED RELIEF 

A. Standard of Review 

A Motion for Decision pursuant to§ 13.218(f)(2) is, for all intents and purposes, the same 

as a Motion for Summary Judgment under FRCP 56 and is reviewed under the same standard. In 

Re the Matter of Scott McDougall, Doc. CP89EA0316 at 4 (1990). Motions for Sununary 

DAVID F. SHAYNE, F M ATTORNEY 

TEL: (425) 227-2165; FAX: (425) 227-1007 
11/15/2015 07:53 4252271007 ANM7 PAGE 04/05 

Judgment may be decided on admissible evidence that is outside of the pleadings, normally 

presented in declarations or affidavits. In re the Matter of Horizon Air Industries, FAA Order No. 

96-24 (1996). All inferences tn the evidence must be drawn in favor of the non-moving party. If 

the court determines that the non-moving party demonstrates, through putatively admissible 

evidence that some genuine dispute of fact exists, tl1.en the motion should be denied. McDougall. 

If, on the other hand, the court determines no genuine issues offact exist and the 

outstanding legal. issues are resolved in favor of the moving party's position, then the moving party 

is enti.t\ed to a judgment on any such issue as a matter of law I d. 

Respondent does not contest the allegations set forth in the Complainant, and has more or 

less admitted that the documents supporting the allegations are accurate. See attached discovery 

and response. 

Respondent's sole defense is that he eventually complied. While th.e belated compliance 

may be grounds for mitigation, it is not exculpatory, as the AU has already ruled in her Order of 

May 20, 2016. See Administer v. Weinstein, NTSB Otder EA-3675 (J 992) (Holding that producing 

the requested records on th.e day of trial did not cure a violation of 14 CFR §91.417(c)). 

Accordingly Summary Judgment on the violations alleged is appropriate. 

Sanction 

Complainant, i.n its reply to Respondent's Motion for Decision, set forth the authority by 

which the Administrator sets sanction amounts in enforcement cases and incorporates that response 

herein. Respondent's belated compliance may entitle him to some mitigation, and there may be 

other reasons for mitigation, therefore, Complainaut acknowledges that fue amount of sruJction 

1 Complainant moved to dismiss the appeal which was denied, Respondent ultimately filed an Answer on August 5, 

2015. See ALJ Order and associated pleadings. 

DAVID~. SHA Th'E, FAA ATTCJ>NEY 

TEL: (425) 227-2165; fAX: (425) 227-!007 
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should be litigated in light of applicable FAA policy and DOT precedence_ See In Re Schuman 

Aviation Co. LTD, FAt\ Order No. 2016-2 (2106). 

CONCLUSION 

For the reasons stated above, Complainant's Motion for Partial Summary Judgment should 

be granted. 

Respectfully submitted this 16'" day ofNovember, 2016. 

\ 

DAV F. SHA Th'E 

FAA Attorney 

DAVID F. SHAYNE)FAAATIORNEY 

TEL: (425) 227-2165; FAX: (425) 227·1007 
11/15/2015 07:53 4252271007 ANM7 

CERTIFICATE OF SERVICE 

I hereby certify that tl1e foregoing COMPLAINANT'S MOTION FOR PARTIAL DECISION 

(SUMMARY JUDGMENT) has been served tllls date, to fuc followiog: 

Federal Aviation Administration 

Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2WJ 000 

800 Independence Ave., S.W. 

Washington, DC 20591 

Fax 202-267-1293 

(facsin1ile and Certified Mail- Returo Receipt Requested) 

Willi.am A. Curtright 

P.O. Box 1350 

Jefferson, OR 97352 

(First Class Mail, and Certified MaJ.!- Return Receipt Requested) 

Honorable J.E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Bldg., Ground Floor, Room Ell-310 

Washington, D.C. 20590 

Fax: 202-366-7536 

(facsimile and Certified Mail - Return Receipt Requested) 

Dated: NOV 1 6 2016 

z;:-~li:~~j.'' .TeffKa:rntlg7 ~ Legal Technician 

Office of the Chief Counsel 

Enforcement Division - W estem Team 

Renton, WA 

PAGE 05/05 

DAVID F. SHAYNE, FAA ATTORNEY 

TEJ,, (425) 227·216:>; FAX: (425) 221-1007 
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Federal Aviation 

Administration 

'· Hearing Docket Clerk, AGC-430, and Judge Office of the Regional counsel, ANM-7 

To: · J.E, Sullivan. 1601 Lind Ave., S.W. 

Phone: 

Fax: (202) 267-1293 2.02"366" 7536. 

From: David Shayne 

Title: FAA Attorney, ANM-7 

November 16, 2016 

Date: 

6 

Pages w/cover: 

D Per your Request 

D For Coordination 

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Renton, WA 98057 

Telephone: (425) 227-2165 

Facsimile: (425) 227-1007 

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