SERVED: January 28, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

MULTI-AERO, INC. 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA-2013-0718 

ORDER ON SUMMARY JUDGMENT MOTION 

The Federal Aviation Administration (hereinafter "FAA") filed a Complaint 

served on October 21, 2013 alleging Multi-Aero, Inc. (hereinafter "MAl" and/or 

"Respondent"), operated a Part 135 commuter flight involving N450381 

on or about 

November 12, 2012. 

The FAA alleged MAl violated the following sections ofthe Federal Aviation 

Regulations (hereinafter "PARS"): 14 C.P.R. 61.59(a)(2), 91.13(a), 91.167, 119.5(1), 

119.69(d)(3) and 135.223, for reasons set forth in the Complaint. 

Respondent filed its "Answer and Affirmative Defenses" dated November 13, 

2013. 

Germane to this Order, Respondent filed a "Motion for Decision Seeking Partial 

Dismissal" (dated November 13, 20 13) of Part III, paragraphs I.e. and l.f. of the 

Complaint which allege violations ofParts 91.167 and 135.223. An element ofthese 

violations is the operation of a civil aircraft in IFR conditions. Respondent avers the 

above paragraphs should be dismissed with prejudice since the subject flight did not 

operate in IFR conditions. 

The FAA has not responded to Respondent's "Motion for Decision Seeking 

Partial Dismissal". 

1 A Piper A-31-350. 
On January 15,2014, the FAA filed an Amended Complaint which appears to 

moot Respondent's Motion. 

WHEREFORE, Respondent's Motion for Decision Seeking Partial Dismissal 

having been read and considered, it be and is hereby ORDERED, as follows: 

1. Respondent's Motion for Decision be and is hereby DENIED, without 

prejudice, 

2. Paragraphs #2 and #3 of the Procedural Order are amended as follows: 

a. On or before May 1, 2014, the parties shall conclude all discovery 

including, but not limited to, depositions, document production, 

responses to production requests and/or interrogatories; 

b. The parties shall be prepared to present this case at a hearing on or 

after May 1, 2014, subject to the availability of courtroom 

facilities. The specific date and time for the hearing will be 

forthcoming in a separate Order. 

c. Unless otherwise amended herein other provisions of our 

Procedural Order remain in effect. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 

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SERVICE LIST 

ORIGINAL & ONE COPY 

, Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W10001 

Shane Storz, Director of Operations 

Multi-Aero, Inc., Respondent 

12300 Old Tesson Road, Suite 200F 

St. Louis, MO 63128 

Jared M. Allen, Respondent's Counsel 

The Aviation Law Firm 

One Research Court, Suite 450 

Rockville, MD 20850 

TEL: 301-294-8550 

FAX: 301-294-2525 

ONE COPY 

David B. Kessler, Complainant's Counsel 

FDMS No. FAA-2013-0718 

(Civil Penalty Action) 

Directorate Counsel, Office ofRegional Counsel, Central Region, ACE-7 

Federal Aviation Administration 

901 Locust Street, DOT Building, Room 506 

Kansas City, MO 64106-2641 

TEL: 816-329-3763 

FAX: 816-329-3771 

The Honorable Richard C. Goodwin, Administrative Law Judge · 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

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