E(S®W 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS ^ 

WASHINGTON, D.C. 

APR 2 1 20tl 

IN THE MATTER OF , • •- a r^ 

AIRLINE TRANSPORT PROFESSIONALS HEARING DOCKET 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) P,, 

[Judge Ronnie A. Yoder] '-;: ; , • 

FDMS FAA-2011-0289 =" ~ ^4 ^ 

OBJECTION TO THE ORDER OF CHIEF JUDGE „ , §^ 5 

AND OBJECTION TO PROCEEDINGS PURSUANT 49 U.S.C. 46110(d) "^ ^S o 

COMES NOW, Airline Transport Professionals, Inc., the purported Responc^t, aiid 

objects to the Order of Chief Judge Ronnie A. Yoder issued April 13, 2011 and objects to these 

proceedings based upon the following: 

1. Airline Transport Professionals, Inc., objects to these proceedings to the extent that 

the proceedings do not name a proper legal entity. "Airline Transport Professionals" 

is not a legal entity; and 

2. Airline Transport Professionals, Lie, to the extent the style of this case could imply 

that these proceedings relate to it, specifically objects to the third paragraph of the 

Order of Chief Judge Yoder because it calls upon Airline Transport Professionals, 

Inc. to file an answer by May 13, 2011, when no complaint was timely served on 

Airline Transport Professionals, Inc.;' and 14 C.F.R. § 13.209(a) affords the 

piuported Respondent thirty (30) days after service of a complaint in which to file an 

answer, and since no complaint was timely served in this matter, the Order of April 

13, 2011 abridges and takes away the right of the purported Respondent in this case to 

' See Exhibit A attached letter from purported Respondent's counsel to FAA counsel, April 18,2011. 
have thirty (30) days in which to formulate an answer, as specifically required by 14 

C.F.R. § 13.209(a); and 

3. Airline Transport Professionals, Inc. further objects to footnote no. 1 of the Order of 

April 13, 2011 only giving the purported Respondent in this case until May 13, 2011 

to file any amendment to its answer when the FAA did not timely serve a complaint 

in this proceeding; and footnote no. 1 of the Order, without having ascertained that a 

complaint had been timely served in this action, violates the right of the purported 

Respondent to procedural due process of law, because the purported Respondent by 

law has thirty (30) days from service of the complaint to file an answer pursuant to 14 

C.F.R. § 13.209(a); and to the extent footnote 1 of the Order bars purported 

Respondent from amending its answer after May 13, 2011 when no complaint was 

timely served on purported Respondent^ it is arbitrary, capricious, an abuse of 

discretion and not in accordance with the law (5 U.S.C. § 706(2)(A) and violates 

purported Respondent's requests to due process of law, U.S. Const, amend. V; and 

4. The effect of paragraph three of the Order of April 13, 2011 and the effect of footnote 

no. 1 of the Order of April 13, 2011, in view of the fact that the FAA did not timely 

serve a complaint in this action, is to violate the rights of the purported Respondent 

to due process of law guaranteed by the Fifth Amendment of the Constitution of the 

United States of America, since the FAA envisions imposing civil penalties in this 

matter, which means that a protected property or liberty interest is at stake. Board of 

Regents v. Roth, 408 U.S. 564, 576, 92 S. Ct. 2701, 33 L.2d 548 (1973); and 

2 Id. 

' Id 
5. Airline Transport Professionals, Inc. objects to these proceedings for the reason that it 

was not the ovsnier of N304BK; and 

6. Airline Transport Professionals, Inc. objects to these proceedings for the reasons that 

it was not the operator of N304BK; and 

7. Airline Transport Professionals, Inc. objects to these proceedings for the reason that 

these proceedings are time barred pursuant to 14 C.F.R. § 13.208(d). 

This objection is filed on the record pursuant to 49 U.S.C. § 46110(d). 

Respectfully submitted this 19''' day of April 2011. 

Alan Armstrong Attorney at Law 

2900 Chamblee Tucker Road 

Building 5, Suite 350 

Atlanta, GA 30341 

P: 770.451.0313 

F: 770.451.0317 

alan@alanarmstronglaw.com 

Alan 

Georgia Bar No. 02207f 

Attorney for Airline Transport 

Professionals, Inc. 

- 3 -
ALAN ARMSTRONG 

ATTORNEY AT LAW 

PARK RIDOB S 5 OFFICE PARK 

Bunjonsro s, 2©o o CHAMBLEE-TUCKE R ROA D 

(770) 451-0313 ATLANTA. GEOROLA. 3034 1 alan@alanarmsttonglaw.eom 

FAX (770) 45I-03t 7 www.aIanatmsttonglaw.com 

April 18, 2011 

Via Facsimile (404) 305-5223 

and Regular Mail -• 

Gerald Ellis, Esq. 

Office of Regional Counsel 

Federal Aviation Administration 

1701 Columbia Avenue 

Room 530 

College Park, GA 30337 

Re: Airline Transport Professionals, Inc. 

FAACaseNo. 2008EA210042 (N304BK) 

FAA Case No. 2008EA210045 (N575AT) 

Dear Gerald: 

I have an Order from Chief Judge Ronnie Yoder of April 13, 2011, declaring that 

the FAA served a Compliant in this matter on March 31, 2011. I have not received any 

Complaint, either in FAA Case No. 2008EA210042 or 2008EA210045. If, in fact, the 

Agency did serve a complaint on March 31, 2011, would you be so kind as to send a copy 

of the Complaint to me? 

Thank you for your assistance with this matter. 

Best regards. 

Alan Armst' 

AA/scb 

cc: Judge Ronnie A. Yoder (via Facsimile) 

Jim Koziarski, Airline Transport Professionals, Inc. (via email) 
TRANSt«SSIOM VERIFICATION REPORT 

TIME : 04/18/2811 16:53 

NAME : ALAN ARMSTRONG 

FAX : 7704510317 

TEL : 7704510313 

SER.» : BROB7J611154 

DATE,TIME 

FAX NO./NAME 

DURATION 

PAGE(S) 

RESULT 

MODE 

04/18 16:52 

12023667536 

00:00:49 

02 

OK 

STANDARD 

ECM 

2900 Chamblee -Tucker Road 

Building 5, Suite 350 

Atlanta, Georgia 30341 

Phone: 770.451.0313 

Fax: 770.451.0317 

E-MAIL ADDRESS: alanarmstronqfSbellsouth.nPt 

A(an Armstrong 

Attorney at Law 

Fax 

TO; Honorable Ronnie A. Yoder Fax: 202-366-7536 

FROM; Alan Armstrong, Esq, Pages: 2 

Date: 4-lS-H 

Comments Airiine Transport Professionals 

' "•"'. 

D Urgent D For Review D Please Comment , Q Please Reply 

1 

CONFIDENTIALITY NOTE 

The information contained in tliis facsimile message is legally privileged and confidential Information intended only 

for the use of the individual named above. If the reader of this message is riot the intended redpient, you are 

hereby notified that any use, dissemination, distribution or copy of this telecopy is strictly prohilsited. If you have 

received this telecopy in error, please immediately notify us by telephone and return the original message to (js at 

the above address. 
TIME : 04/18/2011 16:54 

NANE : ALAN ARMSTRONG 

FAX : 7704510317 

TEL : 7704510313 

SER.tt : BROB7J611154 

DATE,TIME 

FAX NO./NAME 

DURATION 

PAGE(S) 

RESULT 

MODE 

04/18 16:54 

4043055223 

00:00:24 

02 

CK 

STANDARD 

ECM 

2900 Chamblee -Tucker Road 

Building 5, Suite 350 

Atlanta, Georgia 30341 

Plione: 770.451.0313 

Fax; 770.451.0317 

E-MAIL ADDRESS: alanarmstrongg^bellsouth.net 

Alan Armstrong 

Attorney at Law 

fex 

TO: Gerald Ellis, Esq. Fax: 404.305-5223 

FROM: Alan Armstrong, Esq. Pages: 

Date: 4-18-2011 

Comments Airline Transport Professionals 

n Urgent D For Review O Please Comment . D Please Reply 

CONFIDENTIALITY NOTE 

The information contained in this facsimile message is legally privileged and confidential information intended only 

for the use of the individual named above. If the reader of this message Is not'the intended recipient, you are 

hereby notified that any use, dissemination, distribution or copy of this telecopy is stricdy prohibited. If you have 

received this telecopy In error, please immediately notify us by telephone and return the original message to us at 

the above address. 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

AIRLINE TRANSPORT PROFESSIONALS 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

[Judge Ronnie A. Yoder] 

FDMS FAA-2011-0289 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing OBJECTION TO THE ORDER OF CHIEF 

JUDGE AND OBJECTION TO PROCEEDINGS PURSUANT 49 U.S.C. 46110(d) has been 

served via Federal Express and Facsimile to: 

Gerald A. Ellis, Esq. 

Federal Aviation Administration 

Office of Regional Counsel 

1701 Columbia Avenue, Room 530 

College Park, Georgia 30037 

th Respectfully submitted this 19"^ day of April 2011 

Alan Armstrong 

Georgia Bar No. 022075 

Attorney for Airline Transport 

Professionals, Inc. 

Alan Armstrong Attorney at Law 

2900 Chamblee Tucker Road 

Building 5, Suite 350 

Atlanta, GA 30341 

P: 770.451.0313 

F: 770.451.0317 

alan@alanarmstronglaw.com 

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