SERVED: June 29, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In The Matter Of: ) 

) 

) 

) 

) 

Docket No. FAA-2014-0116 

JOSEPH MARIDON, SR. 

Case No. 20 12WP 190142 

Respondent 

ORDER SETTING A PRE-HEARING STATUS 

CONFERENCE AND A DEADLINE FOR THE PARTIES 

TO FILE A CASE STATUS REPORT 

On June 15, 2015, the previously assigned Judge filed an Order that "modified" certain . discovery and litigation deadlines, and included a directive to "'be prepared to present this case at 

a hearing on or after November 6, 2015." (June 15,2015 Order, 1 ~ 3.) 

On September 4, 2015 the previously assigned Judge transferred to a different agency. 

From Septen1ber 4, 2015 through March 20, 2016 no action occurred on this case. 

On March 21, 20 16, an Order Reassigning Proceeding was filed, which reassigned the 

case to the undersigned. 

A. Pending Motions Filed with the Court 

Although the June 15, 2015 Order was entitled ''Order on Agency Motion for Partial 

Decision, it did not rule on that motion or other pending motions. Based on a review of the 

Court's file, it appears that the following motions and responses filed with the Court ren1ain 

pending for consideration: 

1. October 22, 2014 Complainant's Motion for Partial Decision (Summary Judgtnent) 

(""Motion"); 

2. October 30, 2014 Respondent's Opposition to Complainant.'s Motion for Partial 

Decision (Summary Judgment) ("Opposition"); 
3. ·November 11, 2014 Complainant's Motion to Strike Portions of RespondenCs 

Opposition to Motion for a Decision and Motion to Permit Reply Thereto and to 

Supplement the Record ("Motion to Strike and Motion To Permit Reply"); 

4. January 7, 2015 Respondent's Second Motion to Dismiss for Violation of Respondent's 

Rights Under the United States Constitution (Erratta [sic]- with Exhibits) ('~Second 

Motion"). 

B. Documents Missing from FDMS 

The FAA's official litigation record, the Federal Docket Management System (""FDMS") 

appears incomplete in this proceeding. Of the four documents listed above, only the October 22, 

2014 Motion appears to have been filed in the FDMS. The above-listed Opposition, Motion to 

Strike, and Second Motion are all missing from the FDMS. 

C. Need to Assess Status of Case 

The parties need to ensure that the FDMS record is complete with any materials they 

have already filed with the Court. In addition, this Court needs to know if it has all of the 

documents the parties seek the Court to review. 

It would be helpful and cost-effective to assess the current status of the case to determine 

whether the Court is working fron1 a complete record, to confirm which motions the parties 

believe are still pending, what response deadlines on the motions are still needed, and to identify 

the general status of the case. This case assessment would also include (but is not I in1ited to) 

whether there are pending discovery requests, the parties' preferred calendar availability for 

hearing, and any other matters that should be addressed before a hearing is scheduled. 

Ideally, the parties should confer privately, prior to convening for a Pre-Hearing Status 

Conference, to determine what discovery and motions might be needed (if any), as well as any 

other issue(s) which need to be addressed. Based on this informal discussion, a short, informal. 

written report should be filed with the Court prior to the parties appearing for a Pre-Hearing 

Status Conference. Alternatively, the parties may choose to file unilateral reports. 

Page 2 of 4 
D. Future Filing with the Court 

The parties are notified that there is no further e-mail filing available in this case. The 

parties are also notified that the deadline date set for filing any document with the Court is the 

date by which the document must be date-stamped received at the Office of Hearings. Parties are 

encouraged to fax or express deliver a Judge's working copy of their materials to the Office of 

Hearings on or before the filing deadline date to ensure compliance with all future Court-ordered 

deadlines. 

Conclusion 

Having reviewed the case file~ all pleadings and motions, all relevant caselaw, statutes, 

regulations, rules~ and authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. July 29, 2016 Status Conference: On or before July 29, 2016, the parties shall confer 

privately to discuss and assess the status of the case, and determine what (if any) motions, 

discovery disputes, and/or other issues need to be addressed. Both parties have the 

responsibility to contact each other to engage in this informal discussion. 

2. August 12, 2016 Status Report: On or before August 12, 2016, the parties shall file with 

the Court a short, informal, written report regarding this informal discussion, or 

alternatively, each party shall file a unilateral report. 

3. The deadlines provided in this order, as well as any other deadline date this Court may set 

in the future, is the date that the documents are date-stamped received at the Office of 

Hearings. Parties are encouraged to fax or express deliver a Judge's working copy of 

their materials to the Office of Hearings to ensure compliance with court-ordered 

deadlines. 

4. There is no further e-n1ail filing with the Court available in this case. 

Page 3 of 4 
5. ·August 31, 2016 Pre-Hearing Status Conference: On Wednesday, August 31, 2016, at 

1:30 p.m. Eastern time, the parties shall convene by telephone for a Pre-Hearing Status 

Conference to discuss the status of the case. The parties shall access the Conference by 

dialing 888-278-0296, and when prompted, entering access code 5851842. 

6. If a party has an unavoidable· conflict with the date/time of the scheduled Pre-Hearing 

Status Conference set in paragraph 4 supra, and wishes to modify the date/time, the 

party shall first confer with opposing counsel about mutually agreeable alternate 

dates, and then contact Mrs. Rachael Brown, Judicial Staff Assistant, at the Office of 

Hearings (202-366-2132) as soon as possible after the receipt of this Order, with at least 

three (3) mutually-agreed, proposed alternate dates/times for the Judge's 

consideration. 

7. For clarifications of this order or questions with regard to the procedures to be followed 

in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of 

Hearings (202-366-6941 ). 

Attachments: Service List 

Page 4 of 4 
Docket No. FAA-20 14-0116 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl0001 

Mr. David F. Shayne 

Complainant's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel 

1601 Lind Ave. SW 

Renton, WA 98057 

TEL: 425-227-2165 

FAX: 425-227-1007 

Mr. Joseph R. Maridon, Jr. 

Respondent's Co-Counsel 

Attorney at Law 

6130 Elton Ave 

Las Vegas, NV 891 07 

Judge J .E. Sullivan 

U.S. 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: 202-366-6941 

FAX: 202-366-7536 

ONE COPY 

Joseph Maridon, Sr 

Respondent 

9212 E. Frederick Ave 

Spokane, W A 99206-4303 

Mr. Walter L. Ayers 

Respondent's Co-Counsel 

Attorney at Law 

13435 North Whitehouse Court 

Spokane, W A 99208 

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 2W 1000, Washington, 

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