U.S. DEPARTMENT OF TRANSPORTATION 

o:~~~~~~~5~.R6~~s RECEIVED 

IN THE MATTER OF DENNIS J. MCGLYNN 

RESPONDENT 

AUG 1 9 2013 

ue l\ o1.11.•~""' nc '' :K t-T 

FAA DOCKET UNASSIGNED 

FAA CASE NO. 2012WP270033 

APPEARANCE 

APPEARANCE TYPE: 

_X_ Full 

Limited 

Special 

Court Appointed 

Other: 

Party for 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 attorney for the 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: 

1957139 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF DENNIS J. MCGLYNN 

RECEIVED 

AUG 1 9 2013 

HEARING DOCKET 

) 

) 

RESPONDENT ) 

FAA DOCKET UNASSIGNED 

FAA CASE NO. 2012WP270033 

) 

) 

) 

ANSWER TO COMPL,AINT 

NOW COMES Dennis McGlynn, by his attorney, Fred M. Morelli, Jr., and in 

answer to the complaint heretofore filed in this cause of action 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 but states that the time was not 15:00 hours but was 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 that the leg straps were at her calves; makes no answer to 

the allegation "near her calves" as that term is not defined; denies that the 

bottom strap was at her neck and makes no answer to the allegation that it 

was "near her neck" as that term is not defined. Dennis McGlynn admits that 

the student parachutist was in an unusual position until landing. 

6. Dennis McGlynn denies that the manner in which he conducted the jump 

was improper; denies that the manner in which he conducted the jump 

increased the likelihood that the student parachutist would slip from the 

harness and free-fall to the ground and denies that he in any way caused a 

hazard to persons and/or property on the ground. 

Ill 

a. Dennis McGlynn denies that he violated any federal aviation regulation. 

He admits that the regulation quoted in roman numeral Ill a exists but 

affirmatively states that he used the harness position described by the 

manufacturer of the tandem parachute equipment. 

b. Dennis McGlynn denies that he created any hazard what so ever. 
IV 

1 . Dennis McGlynn denies that he is subject to a civil penalty not to exceed 

$11 ,000.00 for each of the violations alleged because he is guilty of no wrong 

doing and is guilty of violating no federal regulations. 

2. Dennis McGlynn denies that any civil penalty what 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. 

Attorney for Defendant 
RECEIVED 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

AUG 1 9 2013 

HEARING DOCKET 

IN THE MA TIER OF 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 moves the Federal Aviation Administration, that the hearing he has 

requested be held in Sacramento, California or Fresno, California. In support of this 

motion he states as follows: 

1. He is the respondent in this cause of action. 

2. He has been notified that the Administrative Law Judge in his case 

is The Honorable Richard C. Goodwin and that Administrative Law 

Judge Richard Goodwin is located at the U.S. Department of 

Transportation 1200 New Jersey Avenue, S.E. (E11-31 0) Washington, 

DC 20590. 

3. He intends to call witnesses at the hearing all of whom reside in the 

State of California. 

4. He resides in the State of California. 
5. It would be a hardship for his witnesses and himself to travel to 

Washington, DC for the hearing. 

Wherefore, Dennis McGlynn, through his attorney, Fred M. Morelli Jr., respectfully 

request that the hearing on this matter when 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. 

Attorney for Defendant 
FDMS NO. FAA 2013-0615 

(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 2W1 000 

ONE COPY 

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 

FAX 310-725-6816 

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 of Transportation 

1200 New Jersey Avenue, S.E. (E-11-310) 

Washington D.C. 20590 

TEL 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX 202-366-7536 
Certificate of Service 

I hereby certify that on 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 2W1 000 

Facsimile: (202) 493-5142 

I further certify that on this date I have placed in the United States mail, 

postage pre-paid, via overnight mail, a true copy of the Appearance, Answer to 

Complaint and the Motion to Hold Hearing in California, addressed as follows: 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E-11-310) 

Washington D.C. 20590 

TEL 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX 202-366-7536 

I also further certify that on this date I have placed in the United States 

mail, postage prepaid via regular mail, a true 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 

FAX 310-725-6816 

Dennis McGlynn Respondent 

659 Dorothy Way 

Auburn, CA 95603-3862 

Dated: 

P.O. Box 1416 

Aurora IL 60507