### U.S. DEPARTMENT OF TRANSPORTATION

# o:~~~~~~~5~.R6~~s 

# RECEIVED

IN THE MATTER OF DENNIS J. MCGLYNN RESPONDENT 

## AUG 1 92013 uel\**o1.11.•~""'** nc'' :Kt-

### T
FAA DOCKET UNASSIGNED FAA CASE NO. 2012WP270033


### APPEARANCE APPEARANCE TYPE: _X_ 

### Full Limited Special CourtAppointed Other:

Partyfor whom appearance is being entered: Name: DENNIS J. MCGLYNN Address: 659 DOROTHY WAY City: AUBURN CA 95603-3862 _THIS IS A NEW ADDRESS Additional party for whom appearance is being entered: Name Address City Attorney: Fred M. Morelli, Jr. Address P.O. BOX 1416 City Aurora, IL 60507-1416 As attorneyforthe within named party or parties, I hereby enter my appearance and the appearance of the within named.
Attorney as Aforesaid Date: August 16, 2013 Firm Name:
LAW OFFICES OF MORELLI 

### &RAVAL
Illinois Attorney Registration No: 1957139U.S. DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC IN THE MATTER OF DENNIS

### J. MCGLYNN 

# RECEIVED AUG 

## 1 92013 

## HEARING DOCKET ) ) RESPONDENT ) FAA DOCKET UNASSIGNED FAA CASE NO. 2012WP270033 ) ) ) ANSWERTO COMPL,AINT NOW COMES Dennis McGlynn, by his attorney,Fred M. Morelli, Jr., and in
answerto the complaint heretofore filed in this cause ofaction states as follows:

Dennis McGlynn admits the allegations contained in roman numeral 

### I.

II 1. Dennis McGlynn admits the allegations contained in roman numeral II subparagraph 1 butstatesthat the time was not 15:00 hours butwas 11 :00 hours. 2. Dennis McGlynn admits the allegations contained in roman numeral II subparagraph 2. 3. Dennis McGlynn denies each and every allegation of roman numeral II subparagraph 3. 4. Dennis McGlynn denies each and every allegation of roman numeral II subparagraph 4.

### 5. Dennis McGlynn admits that the parachutist slipped in the student harness; denies thatthe leg straps were at her calves; makes no answerto the allegation "near her calves" as thatterm is notdefined; deniesthat the bottom strap was at her neck and makes no answerto the allegation that it
was "near her neck" as that term is not defined. Dennis McGlynn admits that the student parachutistwas in an unusual position until landing. 6. Dennis McGlynn deniesthatthe manner in which he conducted thejump
was improper; denies thatthe manner in which he conducted the jump increased the likelihood thatthe student parachutist would slipfrom the harness and free-fall to the ground and denies that he in anyway caused a hazard to persons and/or property on the ground.



### Ill
a. Dennis McGlynn denies that heviolated anyfederal aviation regulation. He admits thatthe regulation quoted in roman numeral Ill a exists but affirmativelystates that he used the harness position described bythe manufacturer ofthe tandem parachute equipment. b. Dennis McGlynn deniesthat he created any hazard what so 

### ever.IV 1 . Dennis McGlynn denies that he is subjectto a civil penalty notto exceed $11 ,000.00for each ofthe violations alleged because he is guilty of no wrong doing and is guilty of violating no federal regulations. 

### 2. Dennis McGlynn deniesthat anycivil penaltywhat so ever is appropriate.

Prepared by: Fred M. Morelli, Jr. IL Atty No. #1957139 P.O. Box 1416 Aurora, Illinois 60507-1416 (630) 892-6665 Fred M. Morelli, Jr. Attorneyfor Defendant

# RECEIVED U.S. DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC 

## AUG 1 92013 HEARING DOCKET IN THE MA TIEROF DENNIS J. MCGLYNN 

### ) ) RESPONDENT ) FAA DOCKET UNASSIGNED FAA CASE NO. 2012WP270033 ) ) ) MOTION TO HOLD HEARING IN CALIFORNIA

NOW COMES Dennis McGlynn, by his attorney,Fred M. Morelli, Jr., and respectfully movesthe Federal Aviation Administration, thatthe hearing he has requested be held in Sacramento, California or Fresno, California. In supportofthis motion he states as follows:

1. He is the respondent in this cause of action. 2. He has been notified thatthe Administrative Law Judge in his case is The Honorable Richard C. Goodwin and that Administrative Law Judge Richard Goodwin is located atthe U.S. Department of Transportation 1200 NewJerseyAvenue, S.E. (E11-310) Washington, DC 20590. 3. He intendsto call witnesses atthe hearing all of whom reside in the State of California. 4. He resides in the State of California.5. It would be a hardshipfor his witnesses and himselfto travel to Washington, DC for the hearing.
Wherefore, Dennis McGlynn,through his attorney, Fred M. Morelli Jr., respectfully requestthatthe hearing on this matterwhen scheduled be scheduled in Sacramento, California or as close as possible.

Prepared by: Fred M. Morelli, Jr. IL Atty No. #1957139 P.O. Box 1416 Aurora, Illinois 60507-1416 (630) 892-6665 Fred M. Morelli, Jr. Attorneyfor DefendantFDMS NO. FAA2013-0615 (Civil Penalty Action)


### SERVICE LIST- BY U.S. MAIL

ORIGINAL AND ONE COPY Federal Aviation Administration 800 Independence Ave, S.W. Washington, D.C. 20591 Attention : Hearing Docket Clerk , AGC-430 Wilbur Wright Building -Suite 2W1000


### ONE COPY Christopher Merrill, Complainant's Counsel Attorney, Office ofthe Regional Counsel, AWP-7.3 Western-Pacific Region Federal Aviation Administration P.O. Box 92007 Los Angeles CA 90009-2007 TEL 310-725-7105 FAX310-725-6816 Dennis McGlynn Respondent 659 Dorothy Way Auburn, CA 95603-3862 The Honorable Richard C. Goodwin, Administrative Law Judge Office of Hearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E-11-310) Washington D.C. 20590 TEL202-366-2139 Attorney-Advisor 202-366-5121 Legal Assistant FAX 202-366-7536

### Certificate of Service
I hereby certifythaton this date I have placed in the United States mail, postage pre-paid, via overnight mail, the executed original and one copy of the Appearance, Answer to Complaint, and the Motion to Hold Hearing in California, addressed as follows:
Federal Aviation Administration 800 Independence Ave, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building -Suite 2W1000 Facsimile: (202) 493-5142
Ifurther certify that on this date I have placed in the United States mail, postage pre-paid, via overnight mail, atrue copy of the Appearance, Answerto Complaint and the Motion to Hold Hearing in California, addressed asfollows:
The Honorable Richard C. Goodwin, Administrative Law Judge Office of Hearings, M-20 U.S. Department ofTransportation 1200 NewJerseyAvenue, S.E. (E-11-310) Washington D.C. 20590 TEL 202-366-2139 Attorney-Advisor 202-366-5121 Legal Assistant FAX 202-366-7536
Ialso further certifythat on this date I have placed in the United States mail, postage prepaid via regular mail, atrue copy of the Appearance, Answer to Complaint and the Motion to Hold Hearing in California, addressed as follows:Christopher Merrill, Complainant's Counsel Attorney, Office of the Regional Counsel, AWP-7.3 Western-Pacific Region Federal Aviation Administration P.O. Box 92007 Los Angeles CA 90009-2007 

### TEL 310-725-7105 FAX310-725-6816
Dennis McGlynn Respondent 659 Dorothy Way Auburn, CA 95603-3862

Dated:

P.O. Box 1416 Aurora IL 60507