U.S. DEPARTMENT OF TRANSPORTATAION RECEIVED 

OFFICE OF HEARINGS ^,., 

FEDERAL AVIATION ADMINISTRATION '*^^" « ^^ «nD 

^EARING DOCKET 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

V. 

CLOUD DANCER AVIATION AND FLYING CLUB, INC. 

Respondent. 

FAA Docket No: 

Judge 

JUDGE NOT YET ASSIGNED ,-- ^ . 

ANSWER ~ ^ 

Respondent, Cloud Dancer Aviation and Flying Club Inc., through counsel, files this their 

Answer pursuant to Rule 209 of the Rules of Practice (14 CFR 13.209) and states as follows; 

I 

1. Admitted. 

li 

1. Admitted. 

2. Admitted. 

3. Denied as to whether the person contacting the Respondent was in fact an FAA 

representative acting within the scope of his authority and therefore Respondent denies. 

4. Denied. 

5. Re^ondent is without knowledge and demands strict proof and therefore denies. 

6. Denied 

7. Admitted. 

m 

1. Denied 

2. Denied. 

3. Denied. 

Law Office of Dennis R. Haber, PA 

8925 SW148 Street, Suite 200, Miami. Fl 33176 • Phone: 305-256-3002 • Fax: 305-256-3004 
AFFIRMATIVE DEFENSES 

1. First affirmative defense: Complainant, FAA, may or may not have sent a representative 

but the representative was not acting within his scope of responsibility as the FAA 

representative had in the past, acted outside the scope of responsibility and therefore 

any actions taken by the Respondent are justified and excused 

2. Second affirmative defense: False Pretense: The FAA inqsector sought to inspect the 

aircraft and was doing so under false pretense with ulterior motive and deceptive intent. 

Said intent was outside the scope of the Administrator's authority. 

3. Third affirmative defense: Authorization to Inspect: On the date when inspection was 

initially requested Respondent authorized said inspection subject to the inspection 

being done by an authorized and qualified FAA inspector acting within the scope of 

professional conduct and comporting to represent the interest of the FAA. 

4. Fourth affirmative defense: OnJulyI7,2009, Respondent contacted a supervisory 

persormel at the FAA and requested that the inspection be conducted and a different 

and uncontentious FAA inspector acting within the scope of the FAA regulations, 

pohcies and guidelines. 

5. Fifth affirmative defense: Availability of Inspection: At all times on and after July 17*, 

2009, Respondent was ready, willing and able to have an appropriate representative of 

the FAA inspect the subject aircraft. 

6. Si?cth affirmative defense: Lack of Receipt: Any correspondence which was sent to the 

Respondent was not received by an authorized representative and Respondent did not 

receive and/or review same so as to be able to req)ond accordingly. 

7. Seventh affirmative defense: At all times relevant. Respondent was ready, willing, and 

able and available to have said aircraft inspected without delay. Any delay which may 

have occurred was the result of FSDO not sending out a duly authorized and qualified 

representative in a timely fashion. 

Law Office of Dennis R. Haber, PA 

8925 SW 148 Street, Suite 200, Miami, Fl 33176 • Phone: 305-256-3002 • Fax: 305-256-3004 
WHEREFORE, Respondent Cloud Dancer Aviation and Flying Club Inc., through counsel 

respectfully requests that the Administrator Law Judge enter an Order against the Administrator find 

for the Re^jondent, together with all costs and attorney's fees and such other and further relief as this 

court may deem just and appropriate. 

Certificate of Service 

1 HEREBY CERTIFY that the foregoing was submitted via mail on this 15 day of March 2010 

to Andrea Michelle Harper, Esq., Office of Regional Counsel, ASO'7, Southern Region, P.O. Box 20636, 

Atlanta, GA 30320, the Hearing Docket Clerk, FAA, AGC-430, Suite2W1000, Wilbur Wright Bldg., 

800 Independence Avenue, SW, Washington, DC 20591/ 

Re^jectfuUy submitted 

Dermis R. Haber, PA 

8925 SW 148 Street, Suite 200 

Miami, Fl 33176 

Phone: 305-256-3002 

Fax: 305-256-3004 

is R. H^ber, Esq. 

FBN:^ 

Law Office of Dennis R. Haber, PA 

8925 SW 148 Street, Suite 200, Miami, Fl 33176 • Phone: 305-256-3002 • Fax: 305-256-3004