12/20/2012 05:54 4252271007 ANM7

JEFFREY HARPER 

### FAA OFFICE OF REGIONAL COUNSEL 1601 UNO AV:e., SW RENfON, WASHINGTON 98057 TELEPHONE: 

### (425) 227·2161 FACSIMILE: (425) 227-]007



### In

### the Matter of: 

### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION 

### OFFICE OF HEARINGS

WASHINGTON, 

### D.C.
FAA Case No. 2011NM070084 DMS No.: FAA-201lu1293 Cornerstone 

### Aviation, Inc. Honorable Richard C. Goodwin



### COMPLAINANT'S 

### MOTION TO DEEM ALLEGATIONS ADMITTED AND 

## RESPONSE TO RESPONDENT'S STATEMENT OF CAUSE In accordance with 14 C.F.R. 

### § 13.218(a) (Rule 218(a)), theAdministrator (Co:m.plai.nant) responds to Complainant's Statement ofCause served December 13, 2012 and moves 

### to deem the matters alleged in the Complaint as admitted. 

### Background PAGE 02/08



### On December 5, 201 1, 

### Respondent requested 

### ahearing in 

### respon.se to the Complainant's Fin.al Notice ofProposed Civil 

### Penalty. 011. December 15, 2011, Complainant served the Complaint on Respondent by facsimile and mail; the facsimile copy was received on Decem" ber 

### 15,**2011~** 

### the mailed copy was receipted for onDecember 21, 20ll. On Februacy 81 

### 2012, Complainant served a Motion. fo:r Decision, 1

### on.the basis that**Respond~** 

### ent had not answered the Complaint and thereby admitted all allegations contained inthe 

### Complaint. The Motion was renewed on November 7, 2012. On November 

### 7, 2012, the

1DMS No. FAA-2011-1293-0003.12/20/2012 06:54 4252271007 ANM7



### Court ordered Respondent ro show cause why the Renewed Motion should not be granted and to file an answer by

### November 28,2012.2 

### On. December 13, 2012, Respondent served a letter in response to the Order to Show Cause. It asserts that the Complainthad previously been answered.. Contraryto Respolldent's claims, anAnswer has still not been filed. Respondent appears to be referring to either its letterrequesting a hearing

### dated December 5, 2011,3 or its 

### undated response to Complainant's discovery

### requests.4 

### Respondent hasbeen 

### served with 

### Procedural Orders entered in

### three cases which 

### affirmatively

### put Respondent 

### on notice ofthe 

### requiremeJJ.tto fl.le 

### an Answer 

### and the consequences of failing 

### to do so. 

### See DMS

### Nos.**FAA~2011-0481-0003, FAA~2011-0481-0004,** **FAA-2011~** 

### 0484-0003, and FAA-2011-0489-0004. Respondent is aware ofthe requirement to file anAn.- 

### swer, having properly filed Answers to three previous Complaints. 

### Argument The Complaint was filed on December 15, 2011. Over ayear has passed since that date, and 

### Respondent has not filed an Answer. To the exte.n.t that the request for a

### hearing dated December 5, 20 11 might be construed 

### as an answer, it fails to specifically admit or deny each numbered

### paragraph ofthe 

### Complaint Thus, ifit is anAnswer, it a.rt.l.ounts to 

### a ..general 

### den.ial 

### ofthe complaint." Under Rule 13.209(e), a "general deniaP1 

### is "afailure to file an answer." Accordingly, Com.plain.an.t 

### asks the Courtto deem the 

### matters alleged in the Complaint**ad~** mitted.

· Although

### Respondent requested that this case be heardjointly with 

### cases DMS Nos.

FAA-2011-0481, 

### FAA-2011-0484, and FAA-2011-0489-0004 at the hearing on

### March 12, 

### 2012, Respondent's failure to .file an Answer before that date made any 

### suchhearing**prema~** 

### ture, 

### and, 

### in any event, the 

### Cow:t.'s Amended Hearing Notice of.Tanuar.y 24, 2012 inthose 

### cases did not set this case for hearing on March 12,2012. The Court's Order to 

### Show Cause gave Respo11dent "one final opportunity to comply" 

### with its obligationto 

### file anAnswer. Respondent failed. to take advantage ofthat opportunity. 

### Exhibits 1. Respondent's Request for Hearing 

# !On December 3, 2012, the 

### Court extended the deadline 

### to December 17, 2012. 

### at Respondeot's 

### request.

Exhibit l. 4 ' E'Chibit2. Compla.in!ltlt's Motion to Deem ALlegations Admitted. and Response to Respondent's Statement ofCause Inthe Matter ofCol"l')ers1:o.t').e Avi.a.tion FAA Case No. 2011NM070Qg4, DMS No. FAA"2011-1293**J~m..EY**M. HARPER, FAAAttORNEY TEL: (425) 227-2161; PAX: (425) 227-1007 Page 2 of4PAGE 03/08--- 

# ------------------------------------------------------ 12/20/2012 05:54 4252271007 

### ANM7



### 2. Respondent's Responses to Complainant's Discovery Requests. 

### Conclusion Forthe reasons stated above, Complainantrespectfully requests that this court grantth.i.s 

### Motion and 

### its previously served Renewed Motion for Decision. There are no genuine issues of material fact to 

### be litigated. Respectfully submitted this 20th day 

### of

### December, 2012.

# J~~**~---------** FAA Attorney 

### JMH/tk

Complainant's Motion to Deem Alle&;ations Admitted and Response to Respond.ent's Statem.ent ofCause In the**Mmtt~r**of**Comers~o1.1.e** Avtati.on FAA. Case No. 2011NM070084. DMS No. FAA-:2011-1293**J~~.~Rr.Y** M. HARPER, FAAATTORNEY TEL; (425) 227"2161; FAX: (425) 227·1007 Page 3 of4PAGE 04/0812/20/2012 05:54 4252271007 ANM7



### CERTIFICATE OF SERVICE I hereby certifythat the foregoing Complainant's Motion to Deem Allegations Admitted and Response to Respondent's Statement ofCause has been served via facsimile and Certified Mail -ReturnReceipt Requested 

### this date, to the following: The Honorable Richard C. Goodwin 

### Office of**Hearings~** 

### M-20 1200 NewJersey Avenue, S.E. (E11-310) Washington., D.C. 20590 TEL: (202) 366-2139**FAt~:** 

### (202) 366-7536 

### Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building.,.. Suite 2Wl000 

### Federal Aviation Administration 800 Independence Avenue SW Washington, D.C. 20591 

### Fax: (202) 493-5142**~** 

### hereby certifY that the foregoing Renewed Motion for Decision has been served via CenifiedMail

- Return Receipt Requested this date, to the following: Susan 

### Ho:rstman. ChiefExecutive Officer Cornerstone Aviation, Inc. 337

### North 2370 West #130 SaltLake City, UT 84116 

### Dated tlus 

### 20th day ofDecember, 2012.

# ~·~ Terri Kirk 

### Office ofRegional Counsel (ANM-7) Federal Aviation Administration 1601 

### Lind Ave. SW Renton, WA 98057 (425) 

### 227-2160

Compla.i.oa11.t's Motiou. to Deem Allegations Admitted Qnd Response to Respondent's Statement ofCause Inthe Matter ofCorm:rstom: Aviation JEFFREYM. HARPER, F AI\.ATTORNEY TEt: (425)**227·21.61~** FAX: (4.2.5) 227- I007 .F

A.A. Case No. 2011NM070084, DMS No. F AA-20ll-1293 P.age 4 o£4 PAGE 05/0812/20/2012 05:54 4252271007

December 5, 2011 Jeffrey 

### M. Harper FAA Office ofRegional. Counsel 1601 Lind Avenue SW**Renton~** W A 98057 Dear 

### .Mr. Harper, ANM7 PAGE 05/08

CORNERSTONE AVIATION

F L I G H T S C H 0 0 .1.. S

Since 

### we are proceed.ing with 

### a hearing for other issues, 

### J think it would be better to deal with all my cases atthe same time in the same hearing. Mr. Decker's graduation certificate was sjgned but tbe mistake was that we 

### were :in the Pr9ce$$ of c.teating a .new ce:rtificate which I submitted toFAA to approve aud was given a correction, ml.fortunatety someone at'the office mistook it for the currently used accurate graduation certificate and signed it. Upon dil)covezy, we putthe correct one, signed, in his fi.le. At the time, there was no guidance in the FARs that told us that both the graduation certificate and the ''records certi.fl.ed con·ect" signature had to be done simultaneously. Since there are two different people 

### that do the. signing, as soon as the graduation certjfi¢at.e

### wa.s signed> the papeJWork was send :from Ogden to Salt Lake for t.he certification signature. We have discussed this at length and l still cannot fmd. it in writing on any official FAA dooument. You have to have 100% of aJl the records (which includes a graduation certificate)to be abl.e to certifY that 100% ofall therecords arecotTect. ,This is very frustrating.

... 

# . .. .**..~**........, 

### '..... '

### ·~·:~.·'" ··•N

...

### ·~,__....:
..

### ~~.......'

...

### ~·:**~~r·:·w:>:.-.:., ,~**  ··.,'

.

### .-:::~-::~.....·.. '' " s·usan J.**Hots~~·:**

### .. ;.._.,. ......._<.:. CEO/Chief

### fustructor Cornerston.e Aviation,Inc. "··. •: I

337 North 2370 West, Salt lakeCity, Utah 84116 801-355-2244 www.cornerstoneaviation.com 

## Exhibit 112/20/2012 05:54 4252271007 ANM7 PAGE 07/08

FAA Correspondence Complainanes**lniti<~l** Discovery Request Cornerstone Aviation
INTERROGATORIES
Please refer to the initial letterto CSA far details of item numbers. 

### 1. Names, addresses and telephone numbers (see attachment) 2. All correspondence from FAA is in the possession of Susan Horstman, including all copies of documents sentto her by Jeffrey Harper. 3. Names, addresses and telephone numbers of persons whom CSA intents to have testify as a factual**~r** expert witness in CSA1s defense a the hearing of this matter. (see attachment) 4. lhe documents CSA anticipates offering into evidence at the hearing of this 

### matter are the same CSA offered to the FAA FSDO, with the addition of the computer software program that will be demonstrated at the hearing. The documents were sent to Jeffrey Harper. S. All expert witnesses are involved in flight training in one aspect 

### or another, either as instruc:tors, check pilots, assistant or chief instructors, FAA DP examiners, FAA inspectors

### andt·or'-:.s~ftware developers and trainers. 6. All expert witnesses are involved in flight training in one aspect or another, either as instructors, check pilots, assistant or chief instructors, FAA DP examiners, FAA inspectors and/or software 

### ·deveiopers and trainers. The subject 

### matter is my FAA Part 141 TCO. There will be a representative or two from the software development company. 7. CSA will present go overthe documents then and now ·howthey are obtained in,·the new software program. 8. Since this l1as been ongoingfor ayear, it is impossible to recall exact dates ofconversations and with whom I have discussed the matters .alleged in the Complaint. It is most likely limited to persons affiliated with 

### the flight school 

### as they have received instruction so 

### the occurrences wiH not happ!'!n**a~ain.** 9. CSA's.Part 141 TCO and training documents. A computer with the new software will also be used. CSA must have internet access during the hearing for the program to function..

. , 1 10. See statement below REQUESTS FOR PRODUCTION
1-4 The FAA already has copies of the documents- you should not need additional.copies of the materials. The software designer of the new flight school training program has the computer programfully functional and will be demonstrating it at the hearing.
REQUEST FO ADMISSIONS 1. I am not familiar with the FAA order 2. Not sure if CSA qualifies for Federal Government Programs. That is a brbad. statement.

. What programs are you talking about? 3. CSA has been in business since July, 2003. 4, CSA ha's many financial obligations at this tirne ond being charged $5000 for a small paperwork mistake is an unreasonable dem·and for any small business.



## Exhibit 2

# .. 12/20/2012 05:54 4252271007 ANM7

FAA Correspondence Complainant's Initial Discovery Request

Tom Kuhlman- retired FAA, current Designat'ed Pilot Examiner (OPE) 9508 South Kilmuir Circle South Jordan, UT 84095 801·633-6386
Jack Garzella- Computer Software Specialist 1871 Longbranch Drive Draper, UT 84020 80**l-523~8243** Richard Marshall- former chief instructor for CSA 7883 South Grant Street Midvale, UT 84047 801-671-3302
aernard Connelly- FAA FSDO 1020 N Flyer Way 

### Salt Lake City, UT 84116 801·257-5054**~yndsay** 

### Carlson- FAA FSDO 1040 N Flyer Way Salt Lake City, UT 84116 801-257-5064 George David Cawthra -FAA FSDO Manager 1.020 N Flyer Way Salt Lake City, UT 84116 801-257-5046 PAGE 08/08
Cornerstone Aviation)• 12/20/2012 05:54 4252271007 ANM7



### FACSIMILEMESSAGE FEDERAL AVIATlON A.DMINISTRATION OFFICE OF REGIONAL COUNSEL 

### ANM-7 1601 LIND AVENUE S.W. RENTON, WASHINGTON 98057 PAGE 01/08



### The information contained in this facsimile message is legally privileged and. confidential information and is intended only for the use ofthe individual named. on this cover sheet. Ifthe reader ofthi.s message is not the intended recipient. you are hereby noti:fied that any use, dissemination, distribution, or copy ofthis facsimile is strictly prohibited. Ifyou have received this facsimile in error, please immedi.ately notify us by telephone at**425~227~2007.**


### DATE: 

### TO: 

### FAX NO.: PHONE NO.: 

### RE: September 18,2012 NO. PAGES: Docket ClerkAGC-430 

### FROM: 

## 202-493-5142 FAX NO.: 

## FAA Case No. DMS No. FAA-2011.- 

### 1293 201lNM070084 

### PHONE NO.: EMAIL: 

## 8 

## including cover Jeffrey Harper 

## 425-227,..1007 425.,227-2161 JEFFREY.HARPER@FAA.GOV



### COMPLAINANT'S MOTION TO DEEMALLEGATIONS ADMITTED 

## AND RESPONSE TO RESPONDENT'S 

## STATEMENT OF CAUSE