A Professional Corporation 2395 S. Huron Parkway Suite 200 Ann Arbor, Ml 481 04 734 973.1222 734 973.1223 fax www.kelseylaw.com August 3, 2012
Hearing Docket Federal Aviation Administration Hearing Docket Clerk, AGC-430 Wilber WrightBuilding- Suite 2Wl000 800 Independence Ave. SW Washington, DC 20591 Re: FAA Case No. AGL-7K 2011-GL-23-0099 Dear Sir/Madam: George W. Kelsey 

# RECE' . 

# v-=,0**~~~~ ~e~~lemon**  t;; Karen L. G1rard* * 

## AUG \ 3

## l0\2 Donold E. McNeff 

# CK I!¥' *Also licensed to 

## HEARING 00 r;;; 1 pmclice io New Yock
· **Also licensed to practice in California

Via First ClassMail

Please fmd enclosed an original and one copy ofthe Answerto Complaintwith Certificate of Service which we are forwarding for filing onbehalfofRespondent,KalittaAir, LLC regarding the above-referenced matter. Ifyou have any questions, please do nothesitate to contact our office. Sincerely,

Renee C. Alexander Legal Secretary /rca Enclosure
cc: . Chris G. Zurales, SeniorAttorney (viil First Class Mail w/enclosure) g:\k\kalitta\air\d\davis, michael-faa**investii~tory**heaing-2012\hea[ingdocket clerkletter to-08031**2.do~**U.S. DEPARTMENT OF TRANSPORTATION Office ofHearings 

# RECEIVED Washington, D.C. 

## AUG I 

## 32012



# ____________HEARING DOCKET Kalitta Air, LLC 

### FAADocket**No.~~~~~­** 

### (EIR 2011-GL-23-0099)

(Civil Penalty Action) Administrative LawJudge:**~~~~~~~-**

ANSWERTO COMPLAINT


### NOW COMES Kalitta Air, LLC, by its attorneys, Kelsey Law Group, PC, for its Answer to the Complaint filed bythe FAA in the above-captioned matter. I 

### Kalitta Air, LLC, pursuantto Rule 209 ofthe Rules ofPractice (14 C.P.R. 13.209), states
as follows: l. 

### Answering Complaint paragraph l, Kalitta Air, LLC admits the allegation in its entirety. 2. Answering Complaint paragraph 2, Kalitta Air, LLC admits the allegation in its entirety. 3. Answering Complaint paragraph 3, Kalitta Air, LLC is without sufficient knowledge or information to admit or deny Complaint paragraph 3 because there is no date or time attached to the allegation which would permit a calculation of duty time; because the date or time ofassignment or acceptance ofassignment arenotnecessarily indicative ofduty time or rest and because Kalitta Air is unclear as to whether the FAA asserts that the subject aircraft operated onMarch 23, 2011 or that the subject pilot received notice to operate the subject aircraft on March 23, 2011. 4. Answering Complaint paragraph 4, Kalitta Air, LLC denies the allegation in its entirety for the reason thatthe same is untrue.

Kalitta Air, LLC denies that it is in violation of 14 C.F.R. 121.503(c) of the Federal AviationRegulations. II 1. Answering Complaint Section II, paragraph 1, Kalitta Air, LLC responds that 49 USC 46301 speaks for itself and further answers that Kalitta Air, LLC is not in violation of 14 C.F.R. 121.503(c) and therefore not subject to civil penalty pursuant to 49 USC 46301. 2. Answering Complaint Section II, paragraph 2, Kalitta Air, LLC denies that any civil penalty is appropriate for the reason that Kalitta Air, LLC is not in violation of 14 C.F.R. 121.503(c).

AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE The pilot, Michael Davis, had been relieved from all duty for at least 24 consecutive hours at least once during the preceding seven (7) days at the time he operated the aircraft identified inComplaint paragraph 3.

2SECOND AFFIRMATIVE DEFENSE 

### The FAA has failed to state a claim upon which Relief can be granted and the Respondent is therefore entitled to a Judgment ofDismissal as a matter oflaw.

WHEREFORE, Kalitta Air, LLC, by its attorneys, Kelsey Law Group, PC, requests that the Administrative Law Judge enter an Order dismissing the Civil Penalty Action, either upon initial pleadings, following consideration ofMotions filed, or at the conclusion ofa hearing, and award Kalitta Air, LLC costs and expenses wrongfully incurred.

Respectfully submitted this 3rd day ofAugust, 2012.



### 3

# ~**~** / 

# KEYLA

# WGROiJI>52 George W. Kelsey Attorney for Respondent 2395 S. Huron Parkway, Suite 200 Ann Arbor, MI 48104 (734) 973-1222 Telephone (734) 973-1223 FaxCERTIFICATE OF SERVICE I hereby certify that the foregoing Answer to Complaint has been mailed this 3rd day of August, 2012, byFirst Class Mail to: Original and One Copy: Hearing Docket Federal Aviation Administration Hearing Docket Clerk, AGC-430 Wilber Wright Building- Suite 2Wl000 800 Independence Avenue, S.W. Washington, DC 20591 One Copy: Chris G. Zurales Senior Attorney Federal Aviation Administration Great Lakes Region, AGL-7K 2300 EastDevonAvenue Des Plaines, IL 60018 Phone: (847) 294-7713 Fax: (847) 294-7498
Datedthis 3rd day ofAugust, 2012

# ~ 

# c**ai2rrh~ ~** 

# 12 Renee C. Alexander

# ~J Legal Secretary

g: \k\kalitta\air\dldavis, michael-faa investigatoryheaing-2012\answerto complaint-v2-072612-dem.doc

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