In the matter of: 

PREMIER JETS, INC. 

RECEIVED 

U.S. DEPARTMENT OF TRANSPORTATION JUL 1 0 2012 

FEDERAL AVIATION ADMINISTRATION HEARING DOCKET 

) 

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FAA Docket No. [to be assigned] 

Case No. 2011 WP910359 

Judge Richard C. Goodwin 

MOTION TO DEEM THE ALLEGATIONS IN THE COMPLAINT ADMITTED, TO 

ENTER AN ORDER ASSESSING CIVIL PENALTY FOR $9,850 OR, 

ALTERNATIVELY, LIMIT THE HEARING TO THE ISSUE OF SANCTION, AND TO 

STAY THE DISCOVERY DEADLINE PENDING RESOLUTION OF THE ISSUE 

RAISED IN TillS MOTION 

Pursuant to Sections 13.209(f) and 13.218 of the Rules of Practice in FAA Civil Penalty 

Actions, 14 C.F.R. §§ 13.209(f), 13.218, the Complainant hereby files this motion to deem the 

allegations in the complaint admitted, to enter an order assessing civil penalty for $9,850 or, 

alternatively, to limit the hearing to the issue of sanction, and to stay the discovery deadline 

pending resolution of the issues raised in this motion. In support of this motion, the Complainant 

states as follows: 

1. On May 17, 2012, the Complainant filed the complaint in the above-captioned 

matter with the Hearing Docket by U.S. Certified Mail and served a copy of the complaint on 

Respondent by Certified Mail (tracking number 7006 0810 0000 4553 5255). See Attachment 1 

(copy of U.S. Certified Mail Receipt pertaining to the service copy of the complaint sent to 

Respondent on May 17, 2012). See also Attachment 2 (U.S. Postal Service email confirmation 

that the article bearing tracking number 7006 0810 0000 4553 5255 was delivered on May 21, 

2012). In addition to the complaint, the undersigned mailed a cover letter to the Respondent that 

contained the following statement: 

You must file a written answer to the Complaint not later than thirty (30) days after 

service of the Complaint. Service is defined in Section 13 .211 of the Rules of Practice in 
FAA Civil Penalty Actions (14 C.P.R. Section 13.211), a copy of which was sent to you 

with the Notice of Proposed Civil Penalty. The answer must be dated and signed in 

accordance with Section 13.209 of the Rules of Practice (14 C.P.R. Section 13.209). 

See Attachment 3. 

2. On June 11, 2012, U.S. Administrative Law Judge Richard C. Goodwin issued a 

Procedural Order (hereinafter "ALJ' s Procedural Order") in this matter advising the parties that, 

among other things, they must comply with the procedural schedule set forth therein and that the 

applicable Rules of Practice in this case were set forth in 14 C.P.R. Part 13, Subpart G. 1 ALJ 

Procedural Order at 1. The ALI's Procedural Order reiterated that 14 C.P.R.§ 13.209(f) requires 

Respondent to "file a written Answer or motion within thirty (30) days after service ofthe 

Complaint" and warned that failing to do so "without good cause is deemed an admission of each 

allegation in the Complaint .... " I d. The ALJ' s Procedural Order specified what the Rules of 

Practice require in answering a complaint and that a general denial of the complaint is deemed a 

failure to answer. Id. (quoting 14 C.P.R. § 13.209(e) in its entirety). 

3. On June 20, 2012, the undersigned, having not received the answer from the 

Respondent, sent an e-mail to the Respondent's President reminding him of the requirement 

under 14 CFR Section 13.211 and inviting him to scan and sent the answer in response to the email. See Attachment 4. 

4. The date of service of the complaint in this case was May 17, 2012, and was 

accomplished by U.S. Certified Mail. See Compl. at 5 (Certificate of Service attached to the 

complaint). See also 14 C.P.R. § 13.2ll(d) (defining the date of service under the applicable 

Rules of Practice). But "[w]henever a party has a right or a duty to act or to make any response 

within a prescribed period after service by mail, or on a date certain after service by mail, 5 days 

1 The ALJ's Procedural Order specified the internet addresses where the Rules of Practice to this proceeding could 

be found. !d. at I n.l. 

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shall be added to the prescribed period." 14 C.F.R. § 13.2ll(e).2 Accordingly, Respondent's 

written answer to the complaint was due no later than June 21, 2012. 

5. As of the date of this motion, undersigned counsel has not received a service copy 

of Respondent's answer to the complaint. Prior to filing this motion, undersigned counsel 

checked the Hearing Docket and was informed no answer had been received for filing. The last 

docketed event at http://www.regulations.gov for FDMS No. FAA- 2012-0470 is the ALJ's 

Procedural Order, which the electronic docket shows was posted on June 13, 2012. 

6. Respondent has failed to file an answer within 30 days after service of the 

complaint. 

7. Under 14 C.F.R. § 13.209(f) an answer filed outside of the time prescribed under 

Section 13 .209( e) can only be accepted upon Respondent showing good cause for the late filing 

of the answer. The Administrator has held that Section 13.209(f) "is clear, and does not permit 

exceptions." In the matter of Playter, FAA Order No. 90-15, 1990 WL 656268, at * l (F.A.A. 

Mar. 19, 1990), affd Playter v. FAA, 933 F.2d 1009 (61

h Cir. 1991). Furthermore: 

The Rules of Practice and the Administrator's precedent require the law judge to deem 

the allegations admitted unless [Respondent] shows good cause for the untimeliness of 

the answer. ... The Administrator has held, based on Section 13 .209(f), that law judges 

are without authority to extend the deadline for filing an answer without a showing of 

good cause. . . . "A showing of good cause is mandatory. Without it, failure to file an 

answer by the deadline may not be excused." 

In the matter of Larry's Flying Service, Inc., FAA Order No. 98-4, 1998 WL 158281, at *l 

(F.A.A. Mar. 10, 1988) (quoting Atlantic World Airways, FAA Order No. 95-28 at 4)). 

8. It is Respondent's burden to "show good cause for an untimely answer if it wishes 

to avoid default judgment." Larry's Flying Service, 1998 WL 158291, at *4. Yet, despite the 

clear warning in the ALJ' s Procedural Order of the attendant consequences for failing to answer 

2 This 5-day grace period ensures that "a party will not be penalized for unanticipated or unexplained delays in the 

mail during the grace period." 53 Fed. Reg. 34646, 34649 (Sept. 7, 1988). 

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the complaint and that the ALJ' s Procedural Order directs all discovery in this case be concluded 

"[ o ]n or before August I 0, 20 12," Respondent has made no attempt to show good cause for 

failing to file its answer in this case. 

WHEREFORE, the Complainant respectfully requests that the allegations in the 

complaint be deemed admitted under 14 C.P.R. § 13.209(f). In addition, the Complainant further 

requests that the law judge issue an order assessing civil penalty for $9,850 as sought in the 

complaint or, alternatively, issue an order limiting the hearing in this matter to the issue of 

sanction. Lastly, because discovery is currently scheduled to close on August 10,2012 absent 

further action by the judge in this case, the Complainant requests that the discovery schedule be 

stayed pending resolution of the issues raised in this motion. 

Dated: July 9, 2012 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

Enforcement Division, AGC-300 

Michael F. McKinley 

Senior Attorney 

Enforcement Division, AGC-300 

Federal Aviation Administration 

Office of the Chief Counsel 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

Telephone: (202) 267-7100 

Facsimile: (202) 267-5106 

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U.S. Postal Service,. 

CERTIFIED MAib. RECEIPT 

(DOmestic Mail On/Y; No Insurance Coverage Provided) 

Roger B Kelsey 

President 

Premier Jets, Inc. 

2140 N.E. 25th Avenue 

Hillsboro, OR 97124 Postmark 

Here 

D Tot1 Premier Jets/MM 

5/17/12 

2011WP910359 

Complaint 

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SENDER: COMPLETE THIS SECTION 

• Complete items 1, 2, and 3. Also complete 

item 4 if Restricted Delivery is desired. 

• Print your name and address on the reverse 

so that we can return the card to you. 

• Attach this card to the back of the mailpiece, 

or on the front if space permits. 

1. Article Addressed to: 

Roger B Kelsey 

President 

Premier Jets, Inc. 

2140 N.E. 25th Avenue 

Hillsboro, OR 97124 

3. Service Type 

D Certified Mail 

D Registered 

D Insured Mail 

D No 

D Express Mail 

D Return Receipt for Merchandise 

D C.O.D. 

4. Restricted Delivery? (Extra Fee) DYes 

2. Article Number 

(Transfer from service- labeO 7006 0810 DODO 4553 5255 

PS Form 3811, February 2004 Domestic Return Receipt 102595-.92-M-154? i· 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

May 17,2012 

CERTIFIED 

Roger B. Kelsey 

President 

Premier Jets, Inc. 

2140NE25th Avenue 

Hillsboro, OR 97124 

Office of the Chief Counsel 

Enforcement Division 

Re: In the Matter of Premier Jets, Inc. 

FAACaseNo.: 2011WP910359 

800 Independence Ave., SW. 

Washington, DC 20591 

Area Code 202-267-7100 

Enclosed herewith please find one copy each of the transmittal letter, the request for hearing, and 

the complaint in the above-referenced proceeding. 

The FAA has requested that the hearing in this matter be held in Portland, OR, and expects that 

the hearing will last one day. 

You must file a written answer to the Complaint not later than thirty (3 0) days after service of the 

Complaint. Service is defmed in Section 13 .211 of the Ru1es of Practice in FAA Civil Penalty 

Actions (14 C.P.R. Section 13.211), a copy of which was sent to you with the Notice of Proposed 

Civil Penalty. The answer must be dated and signed in accordance with Section 13.209 of the 

Rules of Practice (14 C.P.R. Section 13.209). 

Peter J. Lynch 

Assistant Chief Counsel 

By: 

Michael F. McKiu1ey 

Senior Attorney 

Office of the Chief Counsel 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Ph: 202-267-7100 

Fax: 202-267-5106 

E-mail: michael.f.mckinley@faa.gov 

Enclosures 
Answer to complaint 

Michael F McKinley to: RBKelsay 06120/2012 09:47AM 

AGC-300,' Enforcement Division 

From: Michael F McKinley/AWNFAA 

To: RBKelsay@premierjets.com 

Mr. Kelsay: 

On May 17, 2012, we mailed you a copy of the Agency's Complaint in this matter, along with a cover letter 

that stated, in part, that you were required to file an answer to that complaint no later than thirty (30) days 

from the date we mailed itto you, in accordance with 14 CFR Section 13.211. That regulation states, in 

part: 

Date of service. The date of service shall be the date of personal delivery; or if mailed, the mailing date shown on the certificate of 

service, the date shown on the postmark if there is no certificate of service, or other mailing date shown by other evidence if there 

is no certificate of service or postmark. 

Your answer, if it has no already been mailed, is late and Premier is subject to a default judgment for its failure to timely file that 

answer. If you have mailed it, please scan and attach a copy by return e-rnail or fax a copy to me, as soon as possible, along with 

any proof of mailing. 

Michael F. McKinley 

Senior Attorney 

Office of the Chief Counsel, Enforcement Division 

Federal Aviation Administration National Headquarters (FOB 1 OA), Room 918-E 

800 Independence Avenue, S.W. 

Washington, DC 20591 

202-267-7100 

202-267-5106 (fax) 

michael.f.mckinley@faa.gov 
CERTIFICATE OF SERVICE 

I hereby certify that on this date, I have sent by U.S. certified mail, a copy of the 

foregoing motion in the matter of Premier Jets, Inc., FDMS No. F AA-2012-0470, Case No. 

2011 WP910359, to: 

Roger B. Kelsey 

President 

Premier Jets, Inc. 

2140 NE 25'h Avenue 

Hillsboro, OR 97124 

AND 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E., Room Ell-310 

Washington, DC 20590 

In addition, I hereby certify that on this date, I have sent by U.S. certified mail the 

original and one copy of the foregoing document to: 

Hearing Docket 

Federal Aviation Administration 

Orville Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

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