UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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IN THE MATTER OF 

JOHN HUTTON CORPORATION 

d/b/a TORA FLIGHT ADVENTURE CLUB FAA Docket No. CP08WP0013 

DMS No. FAA-2008-0780 

MOTION TO DISMISS APPEAL FOR FAILURE TO PERFECT APPEAL 

The Federal Aviation Administration (FAA) hereby files this 

Motion to Dismiss Appeal in this case pursuant to 14 C.F.R. 

Section 13.233(d)(2) of the Rules of Practice in FAA Civil 

Penalty Actions. In support of this Motion, FAA states as 

follows: 

1. Administrative Law Judge Goodwin's written Initial 

Decision in this matter was served on February 2, 

2010, which stated the Respondent John Hutton 

Corporation d/b/a/ Tora Flight Adventure Club 

(hereafter "Tora") is liable to the FAA for a civil 

penalty in the amount of $15,000.00. The Initial 

Decision at footnote 10 specifically advised 

Respondent of its appeal rights, including the time 

period for filing the appeal and for perfecting the 

appeal with the filing of the appeal brief. 
2. The Service List for the Initial Decision indicates 

Respondent Tora was served through David L. Turk, Esq. 

However, during the hearing on March 2, 2009, Mr. Turk 

withdrew from his representation of Respondent and 

thereafter Respondent was represented by Mr. John 

Weiser, president and sole stockholder of John Hutton 

Corporation. Transcript of hearing on March 2, 2009, 

at page 126. 

3. On February 11, 2010, the undersigned attorney served 

a copy of the Initial Decision upon Respondent, 

through Mr. Weiser, by certified mail and regular 

mail. On February 16, 2010, Ms. Matthews, Legal 

Assistant to ALJ Goodwin, served a copy of the Initial 

Decision upon Respondent, through Mr. Weiser. 

4. On February 23, 2010, Respondent, through Mr. Weiser, 

filed its Notice of Appeal of the Initial Decision. 

In the appeal, Mr. Weiser asserts he received the 

Initial Decision on February 23, 2010. 

5. Pursuant to 14 C.F.R. § 13.233(c) of the Rules of 

Practice, Respondent had 50 days from the time of 

service of the written Initial Decision in which to 

perfect its appeal by filing an appeal brief. Even 

counting 50 days from Respondent's stated actual 

receipt (February 23, 2010), plus five days. 
Respondent should have perfected its appeal by filing 

its brief by no later than April 19, 2010. 

6. As of today, Tora has not filed an appeal brief, and 

has not filed a request for an extension of time to so 

file. 

7. Under 14 C.F.R. § 13.233(d)(2) of the Rules of 

Practice, the FAA Decisionmaker may dismiss an appeal 

when a party has filed an appeal but has failed to 

timely file an appeal brief. See In th e Matte r of 

Ingram Daig s James, FAA Order No. 2002-1. 

WHEREFORE, the FAA respectfully requests that the FAA 

Decisionmaker issue an Order, dismissing Respondent's appeal for 

failure to perfect its appeal. 

Respectfully submitted. 

Lisa o. Toscano, Attorney 

Office of the Regional Counsel, 

Western Pacific Region 

Telephone: (310) 725-7110 

Facsimile: (310) 725-6816 

Dated: May 5, 2010 
FAA DOCKET NO.CP08WP0013 

DMS NO. FAA-2008-0780 

CERTIFICATE OF SERVICE 

I hereby certify that on this date I have placed in the United 

States mail, postage prepaid, the executed original and one 

copy of the Complainant's MOTION TO DISMISS APPEAL FOR FAILURE 

TO PERFECT APPEAL, addressed as follows: 

Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

I have placed in the United States mail, postage prepaid, 

certified mail-return receipt requested and regular mail, a 

true copy of the above, addressed as follows: 

John H. Weiser, Jr., President, 

John Hutton Corporation 

14 Lagoon Drive 

Honolulu, HI 96819 

Dated: May 5, 2010 

Agnes Ebilane 

Legal Technician 

Office of the Regional Counsel 

Western Pacific Region 

Federal Aviation Administration