UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

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IN THE MATTER OF 

PACIFIC INTERNATIONAL 

SKYDIVING CENTER, 

Respondent 

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Judge: Douglas M. Rawald 

Docket#: FAA-2014-1116 

(Civil Penalty Action) 

RESPONDENT'S RENEWED MOTION TO DISMISS FOR LACK OF SUBJECTMATTER JURISDICTION AND TO VACATE THE ORDER SETTING DEADLINE 

FOR POSTHEARING BRIEF 

COMES NOW, the Respondent, Pacific International Skydiving Center, by and through 

its undersigned counsel, and because an Order Setting Deadline for Posthearing Brief (Exhibit A) 

has been issued by the Court, renews its motion to dismiss for lack of subject-matter jurisdiction 

and further moves to vacate the said Order Setting Deadline for Posthearing Brief. As grounds 

therefor Respondent would show as follows: 

I. On 27 January 2015, in response to Respondent's written request for a hearing, 

the Administrator, through counsel, filed its Complaint in this cause. 

2. The Complaint alleged four ( 4) separate dates on which the Respondent allegedly 

conducted parachute operations into or through clouds (8 December 2013, 5 

January 2014, 22 March 2014 and 25 March 2014) and alleged violations of 14 

C.F.R. §105.17: "No person may conduct a parachute operation, and no pilot in 

command of an aircraft may allow a parachute operation to be conducted from 

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that aircraft ... [i]nto or through a cloud ... " and 14 C.P.R. §91.13 (a): "No 

person may operate an aircraft in a careless or reckless manner so as to endanger 

the life or property of another." 

3. Respondent is a "small business concern." 

4. The Complaint states that: 

1. Pursuant to Title 49 U.S.C. Section 46301, Respondent 

is subject to a civil penalty not to exceed $11,000.00 for 

each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil 

penalty of$55,000.00 is appropriate. 

5. Complainant elected to issue a single Complaint incorporating two separate EIRs, 

with a total of four separate and distinct dates on which alleged violations 

occurred, and did so issue a single Complaint with four separate and distinct dates 

on which alleged violations occurred, to be heard in a single hearing before this 

honorable Court, with one single $55,000.00 civil penalty demand. 

6. 14 C.P.R.§ 13.16(b) mandates that: 

... the United States district courts have exclusive jurisdiction of 

any civil penalty action initiated by the P AA for violations 

described in those paragraphs, under 49 U.S.C. 46301(d)(4), if-

(3) The amount in controversy is more than $50,000 for a 

violation committed by an individual or a small business concern 

on or after December 12, 2003; 

7. The Court has not yet ruled on Respondent's previously made Motions to Dismiss 

(made at the beginning of the hearing and at the end of the hearing) and restated in 

its brief filed with the Court on 27 December 2016, however Respondent contends 

that because oflack of subject-matter jurisdiction, the Court did not have 

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jurisdiction to hear the case, and consequently the Court had no jurisdiction to 

issue any orders in this matter, including but not limited to the Order Setting 

Deadline For Posthearing Briefs. 

8. Respondent's prior motions to dismiss said motions and brief are hereby 

incorporated herein by reference. 

9. Respondent seeks dismissal of the case for lack of subject-matter jurisdiction and 

further seeks that the Court vacate its Order Setting Deadline For Posthearing 

Briefs on tl1e same basis. 

Wherefore, Respondent moves that this honorable Court vacate its Order Setting 

Deadline For Posthearing Briefs, and dismiss Administrator's Complaint in this cause for lack of 

subject-matter jurisdiction, and for such other and further relief as this Court may deem just and 

proper, given fue Court's lack of jurisdiction in this case. 

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Respectfully submitted, 

Robert 

~/-~ L. Feldman, Esq., B.C.S. 

Attorney for the Respondent, 

Pacific International Skydiving Center 

Florida Bar Board Certified in Aviation Law 

8900 SW 107'h Avenue 

Suite 203 

Miami, FL 33176 

Telephone: 305-598-4841 

Fax: 305-598-4842 

Email: rlfeldmanlaw@hotmail.com 
CERTIFICATE OF SERVICE 

I hereby certify that on this date I have sent a true copy of the foregoing by Fedex, 

addressed to: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2W1 000 

and by email and Fedex to: 

The Honorable Douglas M. Rawald, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

Tel: 202-366-5121 

Fax: 202-366-7536 

Email: c/o Ms. Jacklyn Booker Gacklyn.booker@dot.gov) 

Don Bobertz, Esquire 

Office of Regional Counsel, A WP-7 

Federal Aviation Administration 

Western-Pacific Region 

15000 Aviation Blvd 

Lawndale, CA 90261 

Tel: 310-725-3454 

Fax: 310-725-6816 

Email: don.bobertz@faa.gov 

~~ obert L. Feldman 

Dated: 1 0 January 2017 

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2017-01-06 08:03 

In Tho M~tter Of: 

1 1 >> 3055984842 

SERVEO: January G, 2017 

U.S. DEPARTMENT OFTRANSPORTATION 

OFFICE OF BEARINGS 

WASHINGION, DC 

EXHIBIT A 

J;liJ<.IketNo. FAA·2ll!4-1116 

Pacific Inte111atlonal Skydiving ~ter 

) 

) 

) 

) 

) 

Case No, 2014WP130012 

Respondent 

ORDER SE'J,"TING DEADUNE FOR POS!Hil:ARING BIUE:FS 

lh.1 undersigned j11cise conducted a hearill1J in the !lbov~ capli9ned easo from Deccm.her B 

to IS, 2016, At the conclusion of the hearin& bt~th parties requested permillsion to submit 

pos!hc!1Iing briem once the \l'ah~ctipt was reoelvcc, 

Otl January 5, 2017, the undersigned jl.ldge received H» hearing tran~odpt. 

l'iltSUant to J 4 C .F lt §§ 13 .205(a)( 6) n11d 13.231 (c), ITlS HEREBY ORDERED: 

!. E!~Qh partyahru! &l.\bmit api)S\hearing btiefno tater than February 6,:1017.1 

2, Each party's posthearlng bti~ s,hall not exceed 1 S pa~ in ltmgtb. 

Attar.hment: Service List 

OOUOLAS M. RA WALD 

Allministrntive 14W Judge 

' 8q¢ 14 C.F.R. § 13.23 !(c) (!lllo~ng "" ""''"'han SO <lays ful!owiog recolp: of tho lr:ln<IOI"ipt Rlr !"'rtios. kl_J)l'~pore 

and s:Wml! rm~tm:.rill~ hri~l's). Thirty 00)>3ft(I/J\1~e !late ofrtoo\pt bf1ho 1rn1'""lp\ ®Ul4 be \litumlll)', februm"y ~' 

2017. Th~ partl"" ~1ereb<e hau ~nm tire"""' husi1lC!I d"J', fobrull!j' ~. ~Q17, to flle thcu•\>ri<fu. 

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2017-01-0ti 08:03 1 1 >> 3055984842 

SERVICE USf -BY U.S. MAlL 

O"RlGlliAL & ONE COl'\' 

Federal Avllltion Admlniatmtion 

800 Independence A venue, S.W, 

Wasmngtr>n, DC 21l5'ill 

Attention: Hearing Do~!<et Clerk, AGC-430 

Wilbur Wright Building-Suite 2W!OOO~ 

ONE COPY 

Robert L. Feldm!lll, Re~porrwmJ's Coull•al 

l!'JOO SW lll'Jfu Av-, Sui'l'c 20~ 

Miami, 1'133176 

TEL: 30S-5!l8·484-1 

FAX: 305-593-4842 

Doll Bobmz, Compl<linant 's Coumel 

Office of the Regi0t1ol Collll:lol, AWP-7 

Fede:ral Aviation Adminislrntil)n 

W el!ttrn-Pamfic Region 

P. 0. Box 92007 

Los .An(leles, CA 900()9-2007 

TEJ,; 310-725.3454 

F)U{:3lfl-125-6$16 

The Honorab1e Do!lglas M. Rawa!d, Adminlstrollw L/1W Judg~ 

Office of Hearings, M-20 

U.S. Depmim~nt oflt:u.sportlll'/Oil 

1200 New Je.r~y Av~muc, S.Il. (Ell-310) 

W ashillgl6n, DC 2059{) 

TEL: 202-366-5121 Staff A~sistant 

FAX: 202-366-7,36 

Docket No. FAA-2CH4--Illl,i 

(Civil Penalty Autioll) 

> Sc1v!oo wM by U.s. Mail, Far ·~rme In pcrwn or by OKpeditod cou•i•r, use~~· filllowi•s a<Jdre.!S: l'C<Jorol lw!Ht\on Adminislt'O!\oo, 500 lndap6r.deocollvenue, S.W" Wilbllr Wri~bi8ullrong-5Uito 2WI000, W<l>!hington, 

nr. 20591; AlretlliQn: H'"1r1ug Docl«l Clerk, AG<!-4:10. 

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