- ' i^^-.. i ^g 

BEFORE THE US DEPARTMENT OF TRANSPORTATION 

The Honorable Chief Administrative Law Judge Ronnie A. Yod^fi 5:/' " '' *' '• 

SEP 0 f 2010 

In the matter of 

BRENDAN AIRWAYS, LLC, 

d^/a USA3000 Airlines 

Respondent 

DMS No.: FAA-2009-0032 

FAA Docket No.: CP09EA0007 

FAA Case No.: 2008EA170038 

AMENDED ANSWER 

ii3 . \ : „.,-:-' 

! Of—i-t^ 

Comes now the Respondent, Brendan Airways, LLC d^/a USA3000 Airlines ^r=S-^ 

[hereinafter "USA3000"] and AMENDS its ANSWER in the above-captioned m^er, S^" " 

previously filed June 16, 2010, to include an AFFIRMATIVE DEFENSE that becfine 

ripe on August 24, 2010. 

For the convenience of the parties and the Court, the entire Answer is restated 

here as it was originally stated (with only the addition of the affirmative defense). 

This amendment is filed today because the affirmative defense became ripe on 

August 24, 2010, but Counsel felt the need to allow sufficient time to assure that no 

appeal was being filed and that the underlying matter upon which collateral estoppel is 

based had become final. 

1. Paragraph II( 1) is admitted. 

2. Paragraph 11(2) is admitted. 

3. Paragraph 11(3) is admitted in part, but denied to the extent that the use of the 

word "operated" implies anything other than an operational check of maintenance 

performed. 

4. Paragraph 11(4) is admitted in part, to the extent that maintenance was performed, 

but denied in part, in that placement of spoiler servo actuators in the maintenance 

mode was not part of the maintenance performed on the aircraft. 

RESPONDENT'S AMENDED ANSWER 

Page 1 

Washington Aviation Group, PC and the 

Law Offices of Jason A. Dickstein 

2233 Wisconsin Avenue, NW, Suite 503 

Washington, DC 20007 • Tel: 202-628-6776 
S.'. ' 

5. Paragraph 11(5) is denied to the extent that it implies a link between the 

maintenance and the spoiler servo actuators being placed in the maintenance 

mode. 

6. Paragraph 11(6) is admitted. 

7. Paragraph 11(7) is denied. 

8. Paragraph 11(8) is denied. 

9. Paragraph 11(9) is admitted. 

10. Paragraph 11(10) is admitted. 

11. Paragraph 11(11) is denied. 

12. Paragraph 11(12) is admitted in part, to the extent that such a warning was visible 

on the EC AM, but deiiied in part, in that the warning was cleared and reasonably 

deemed by the flight crew to be spurious. 

13. Paragraph 11(13) is denied. 

14. Paragraph 11(14) is denied. 

15. Paragraph 11(15) is admitted. 

16. Paragraph 11(16) is admitted. 

17. Paragraph 11(17) is admitted. 

18. Paragraph 11(18) is admitted in part, in that the landing was aborted, but denied to 

the extent that the paragraph claims a causal relationship. 

19. Paragraph 11(19) is denied. 

20. Paragraph 11(20) is denied. 

21. The Legal Conclusions of Paragraph III are denied. 

22. The Legal Conclusions Concerning Penalty found in Paragraph IV are denied. 

AFFIRMATIVE DEFENSE OF COLLATERAL ESTOPPEL 

23. Tony Scot Surratt and Frank William Walker were the pilots on the aircraft in this 

case. 

24. The Administrator brought claims against Surratt and Walker for violation of 

91.7(a), which is the same violation that is alleged in the case at bar. 

RESPONDENTS AMENDED ANSWER Washington Aviation Group, PC and the 

Page 2 Law Offices of Jason A. Dickstein 

2233 Wisconsin Avenue, NW, Suite 503 

Washington, DC 20007 • Tel: 202-628-6776 
: Y 

25. The 91.7(a) issue decided in the prior adjudication is identical with the 91.7 and 

121.153 issues in this adjudication. 

26. The NTSB held that the Administrator did not prove that the pilots had the 

requisite knowledge to form the foundation of a violation. This decision was a 

judgment on the merits. 

27. The Administrator claimed that Surratt and Walker failed to comply with the 

applicable Minimimi Equipment List (MEL). 

28. The MEL issue decided in the prior adjudication is identical with the 121.628 

issue in this adjudication. 

29. The NTSB held that the MELs did not apply to this situation, because the pilots 

did not have knowledge of the spoiler issues before the flight. 

30. The NTSB rejected a motion for reconsideration of its Order on June 25,2010. 

31. The prior adjudication became final on August 24,2010, when the period for 

appeal lapsed without a notice of appeal. 

32. The Administrator was a party to the prior litigation. 

33. Application of estoppel in this case would not work an injustice to any party. 

RESPECTFULLY SUBMITTED this 30th day of August, 2010. 

WASHINGTON AVIATION GROUP, PC AND THE 

LAW OFFICES OF JASON A DICKSTEIN 

/ 

By_ 

/ ^-^-T-

/ Jason Dickstein 

Washington Aviation Group, PC and the 

'Law Offices of Jason A. Dickstein 

2233 Wisconsin Avenue, NW, Suite 503 

Washington, DC 20007 

Tel: (202) 628-6776 

Attorney for Respondent Brendan Airways, LLC d/b/a US A3 000 Airlines 

RESPONDENT'S AMENDED ANSWER 

Page 3 

Washington Aviation Group, PC and the 

Law Offices of Jason A. Dickstein 

2233 Wisconsin Avenue, NW, Suite 503 

Washington, DC 20007 • Tel: 202-628-6776 
BEFORE THE US DEPARTMENT OF TRANSPORTATION 

The Honorable Chief Administrative Law Judge Ronnie A. Yoder 

-^^ 3 1 2010 

• 'NG nof^'^ ,^~""T* 

In the matter of 

BRENDAN AIRWAYS, LLC, 

d/b/a USA3000 Airlines 

Respondent 

DMS No.: FAA-2009-0032 

FAA Docket No.: CP09EA0007 

FAA Case No.: 2008EA170038 

CERTIFICATE OF SERVICE 

The undersigned hereby certifies that she caused the attached 

• AMENDED ANSWER 

to be filed at the addresses listed below by FedEx three-day service, on the date indicated 

below. 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building - Suite 2W1000 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

And to be served on the persons at the addresses listed below by the same method as the 

filing method, on the date indicated below. 

David M. Cohen, Attorney 

Federal Aviation Administration 

Office of the Regional Counsel, EAL-7 

1 Aviation Plaza 

Jamaica, NY 11434 

Tel: (718) 553-3270 

Fax:(718)995-5699 

The Honorable Ronnie A. Yoder 

Chief Administrative Law Judge 

Office of Hearings, M-20 

Room El2-320 

US Department of Transportation 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Tel: (202) 366-2142 

Fax: (202) 366-7536 

Katt Bfighi 

August 31.2010 

Date 

CERTIFICATE OF SERVICE 

Page 4 

Washington Aviation Group, PC and the 

Law Offices of Jason A. Dickstein 

2233 Wisconsin Avenue, NW, Suite 503 

Washington, DC 20007 • Tel: 202-628-6776