11/15/2015 07:53 4252271007 ANM7

Inthe 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) Complainantmoves for Summary Ju.dgment, pursuant to the provisions of 14 CFR Section 13.218(f)(5) and Rule 

### 56 ofthe Federal Rules ofCivil 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 discussedbelow, and the FAA

### is entitled to ajudgment in this case as a matter oflaw as to the issue ofwhetherthe violation was corrimitted as alleged. 

### Factual background Titis matter arose when Aviation Safety Inspectors (ASIs) from thePortland Flight Standard$ District Office (FSDO) investigated an accident thathad 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 ofProposed Civil Penalty (NPCP) which alleged the following: Tltis office has received a report ofinvestigation from which 

### itappears tl1at: 

### J.. You were at all times material hereto the owner and/or operator ofa Piper Model PA

### 18135, a U.S. registered civil aircraft, N949JP. 2. On or aboutJuly 1, 2014, anAviation Safety Inspector (ASI) from the Portland Flight Standards District Office wrote you a letter demanding that you provide aircraftweight and balance, and aircraft and engine tnaintenan.ce logbooks for N949JP.
111/15/2015 07:53 4252271007 ANH7 PAGE 03/05

3. You senttwo emails and a letter acknowledgingthatyouwere aware ofthe demand. 4. As ofthis time, you have failed to provide the maintenauce recm:ds referenced above. Byreason ofthe foregoing facts and circumstances, it appears thatyouviolated Section 91.417 (c) ofthe Federal Aviation Regulations 

### (14 Code ofFederal Regulations (C.P.R.)) in thatyou owued oroperated an aircraft for whichyou failed to make all maintenance records reqttired to be keptby this section available for inspection

### by the Administrator. Under

### 49 United States Code Sections 4630l(a) and (d), you are subject to a civil penaltynot 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 ortook place. On May 19, 2015, Complainant filed the Complaint

### subjudice 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 hadbeenprovided and were in order on August 17, 2015. Pursuantto the ALT's rulings during the Prehearing Conference ofSeptember 20, 2016, the parti.es then exchanged discovery, and this Moti.on for Summary Judgment follows. For

### tl1e reasons thatfollow, Complaint asks for partial summaryjudgment onfactual allegations 

### inthe Complaint, leaving only the sanction for adjudication. 

### ARGUMENT AND BASIS FOR REQUESTED RELIEF A. Standard ofReview A Motion for Decision pursuant to§ 13.218(f)(2) is, for all intents and purposes, the same as a Motionfor Summary Judgment under FRCP 56 and is reviewed under the same standard. 

### In Re the Matter ofScott McDougall, Doc. CP89EA0316 at 4 (1990). Motions for Sununary

DAVID F. SHAYNE, FM ATTORNEY TEL: (425) 227-2165; FAX: (425) 227-100711/15/2015 07:53 4252271007 ANM7 PAGE 04/05
Judgment maybe decided on admissible evidence that is outside ofthe pleadings, normally presented in declarations or affidavits. In re the Matter ofHorizon

### Air Industries, FAA OrderNo. 96-24 (1996). All inferences tn the evidence must be drawn in favor ofthe non-movingparty. If the court determines thatthe non-movingparty demonstrates, through putatively admissible evidence that some genuine dispute offact exists, tl1.en the motion should be denied. McDougall. 

### If, onthe other hand, the court determines no genuine issues offact exist and the outstanding legal. issues are resolved in favor ofthe moving party's position, then the moving party is enti.t\ed to ajudgmenton any such issue as a matter oflaw 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 attacheddiscovery and response. Respondent's sole defense is 

### thathe 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 Administerv. Weinstein, NTSB Otder EA-3675 

### (J 992) (Holding thatproducing therequested records on th.e day oftrial did not cure a violation of 14 CFR §91.417(c)). Accordingly Summary Judgmentonthe violations alleged is appropriate. 

### Sanction Complainant, i.n its reply to Respondent's Motion for Decision, setforth the authority 

### by whichthe Administrator sets sanction amounts in enforcement cases and incorporates that response herein. Respondent'sbelated compliance may entitle him to some mitigation, and theremaybe other reasons for mitigation, therefore, Complainaut acknowledges thatfue amount ofsruJction

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~.** SHATh'E, FAA ATTCJ>NEY TEL: (425) 227-2165; fAX: (425) 227-!00711/15/2015 07:53 4252271007 ANM7 PAGE 05/05

should be litigated in light ofapplicable FAApolicy and DOTprecedence_ See In Re Schuman Aviation Co. LTD, FAt\ Order

### No. 2016-2 (2106). 

### CONCLUSION Forthe reasons stated above, 

### Complainant's Motion

### for Partial Summary Judgment should be granted. Respectfully 

### submitted this 16'" day 

### ofNovember, 2016. 

### \ 

### DAV F. SHATh'E FAA

### Attorney

DAVID F. SHAYNE)FAAATIORNEY TEL: (425) 227-2165; FAX: (425) 227·100711/15/2015 07:53 4252271007 ANM7


### CERTIFICATE OF SERVICE I hereby certify thattl1e 

### foregoing COMPLAINANT'S MOTION FOR PARTIAL DECISION (SUMMARY JUDGMENT) has been served tllls date, to fuc followiog: Federal AviationAdministration Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2WJ000 

### 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.!- ReturnReceiptRequested)
Honorable

### J.E. Sullivan Office 

### ofHearings, M-20 U.S. Department ofTransportation 

### 1200 NewJersey 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



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# ~ Legal Technician Office 

### ofthe 

### ChiefCounsel Enforcement Division - Westem Team Renton, WA PAGE 05/05

DAVID F. SHAYNE, FAAATTORNEY TEJ,, (425) 227·216:>; FAX: (425) 221-100711/15/2015 07:53 4252271007 ANM7 PAGE 01/05 

### Federal Aviation Administration
'· Hearing Docket Clerk, AGC-430, and Judge Office ofthe Regional counsel, ANM-7 1601 Lind Ave., S.W. To: · J.E, Sullivan. Phone: Fax: (202) 267-1293 2.02"366"7536. From: David Shayne Title: FAAAttorney, ANM-7 November 16, 2016 Date: 6 Pages w/cover:
D Per your Request
D For Coordination NOTES/COMMENTS: Renton, WA 98057 Telephone: (425) 227-2165 Facsimile: (425) 227-1007 Email: 

### Facsimile Description of item being transmitted: Complainant's Motion for Partial Decision (Summary Judgment) D For Review 

### 0 Please Comment ')(Hard Copy to Follow via U.S. Mail

RE: William A Curtright, Docket No. FAA"2015-1319 The attachments are Voluminous, so they will be in the U.S. Mail.

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