SERVED: June 29, 2016 

U.S. DEPARTMENT OF TRANSPORTATION· 

OFFICE OF HEARINGS , ;_ 

WASHINGTON, DC \ 

-- \ 

In The Matter Of: 

Docket No. FAA~2014-0405 

Christopher McCann 

) 

) 

) 

) 

Respondent ) 

Case No. 2013-GL-15-0056 

ORDER OF DISMISSAL DUE TO 

RESPONDENT'S CONSTRUCTIVE WITHDRAW AL 

. On April 4, 2016, the undersigned judge issued an Order Directing the Parties to Meet and 

Confer Regarding Litigation and Scheduling Issues ("Meet and Confer Order"). The order 

required, inter alia, the parties to submit a joint report to the undersigned judge within 30 days of 

that order. 

On April 28, 2016, Complainant filed a unilateral report, stating that attempts to meet and 

confer with Respondent had failed. Respondent failed to submit a report or request for additional 

time before the deadline. 

On May 17, 2016, the undersigned judge issued an Order to Show Cause and Provide 

Requested Information ("Order to Show Cause"). The order required Respondent to explain the 

cause of its failure to comply with the Meet and Confer Order and provide the information 

requested in that same order. In the Order to Show Cause, the undersigned judge advised 

Respondent that failure to participate in the proceedings may be deemed a constructive 

withdrawal of the request for hearing. 

Respondent failed to submit a report or request for additional time before the deadline. 

Discussion 

Respondent has failed to respond to documents sent by both the ALJ and the FAA attorney 

and failed to respond to multiple orders. After Respondent filed a Request for Hearing and an 

Objection to Complainant's Motion to Dismiss, Respondent stopped complying with orders from 

the assigned Administrative Law Judge. Complainant filed a unilateral report on April 28, 2016 

indicating that attempts to meet and confer with Respondent had failed due to Respondent's 
failure to respond despite Complainant's multiple attempts to contact Respondent. Complainant 

sent letters to Respondent on April 7 and 20, 2016, asking Respondent to contact agency counsel 

by phone or email to schedule a conference and providing Respondent with contact information 

for agency counsel. Additionally, Complainant sent two emails to Respondent's last known 

email address, neither of whiCh was returned as undeliverable. 

Further, Respondent has not notified either the ALJ or the FAA attorney of any change of 

mailing address. None of the mail that has been sent to Respondent's address has been returned 

to the Office of Hearings, making it more likely than not that Respondent has received all of the 

recent orders and requests and yet has chosen not to comply. Despite receiving an Order to 

Show Cause, Respondent has not provided any reason for its failure to comply with the Meet and 

Confer Order. 

Applicable Law 

Among other reasons, a Respondent may be deemed to have constructively withdrawn a 

request for a hearing if the Respondent fails to respond to a judge's orders, 1 is silent, 2 or fails to 

appear at a hearing without good cause.3 Additionally, if a Respondent fails to respond to 

documents sent to them by the ALJ or the Complainant, then such failure shall be construed as 

an abandonment of the hearing process. 

4 

Pu.rsuant to 14 C.F.R. § 13.215, a party may withdraw a request for a hearing without the 

consent of the administrative-law judge at any time before or during a hearing. Upon such 

withdrawal, the administrative law judge shall dismiss the case with prejudice. 

Conclusion 

Based upon a review of the record and consideration of the applicable statutes, regulations, 

and case law, the undersigned judge makes the following findings of fact: 

1. Respondent submitted a request for hearing in this matter on June 15, 2014. 

1 Blankson, Docket No. CP97EA0024 (FAA Sep. 11, I 997) (ALJ found failure to respond to previous orders 

constituted constructive withdrawal), aff'd, FAA Order No. 98-21 (Oct. 9, I 998). 2 See, e.g., JAL Power Supply, Docket No. CPOISOOOl5 (FAA Aug. 7, 2001) (ALJ construed Respondent's silence 

as a constructive withdrawal of request for a hearing), appeal dismissed, FAA Order No. 2002-10 .(Apr. 17, 2002); 

McDermott, FAA Order No. 99-8, at 1 (August 3 I, I 999); Pierre, FAA Order No. 2001-8, at 5 (May I 6, 2001) 3 See Instead Balloon Services, FAA Order No. 1998-23, at 3 (Nov. 24, 1998) (affirming ALJ's decision to find 

constructive withdrawal when a party failed to appear at the hearing without good cause); Apollo A & HS Company, 

FAA Order No. 2011-4, at 4 (Jan. 14, 2011) ("Apollo's failure to appear at the hearing and to pursue its request for · 

hearing without good cause constituted a constructive withdrawal of its request for hearing."). · 4 Nissen, FAA Order No. 2005-15, at 5 (Dec. 15, 2005). 
2. Respondent has been served all relevant filings, including the Meet and Confer Order 

and the Order to Show Cause. 

3. Respondent failed to comply with, or respond to, the Meet and Confer Order. 

4. Respondent was advised in the Order to Show Cause that further failure to participate 

in the proceedings may be deemed a constructive withdrawal of the request for 

hearing~ 

5. Respondent failed to respond to the Order to Show Cause. 

6. Respondent's failure to participate in the proceedings in this case constitutes a 

constructive withdrawal of the Respondent's request for hearing. 

THEREFORE, IT IS ORDERED that these proceedirigs are dismissed with prejudice. 5 

Attachment: Service List 

~. 

~WALD Administrative Law Judge 

5 The case now reverts to the Final Notice of Proposed Civil Penalty stage. See Apollo at 4-5. Should either party 

wish to appeal this decision, they are instructed to file a notice of appeal with the'F AA decisionmaker no later than 

IO days from the service of this order. 14 C.F.R. § 13.233(a). The party must also file the notice of appeal in the 

FAA Hearing Docket using the appropriate address listed in 14 C.F.R. § 13.210(a). Finally, the party must perfect 

their appeal by filing, not later than 50 days from service of this order, an appeal brief with the FAA decisionmaker. 

14 C.F.R. § 13.233(c) .. 
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 2Wl 0006 

Christopher Mccann, Respondent 

109 4th Avenue North 

Sartell, MN 563 77 

ONE COPY 

Jonathan C. Bringewatt, Complainant's Counsel 

Federal Aviation Administration 

Office of Regional Counsel (AGL-7J) 

2300 East Devon A venue 

Des Plaines, IL 60018 

DESK: 847-294-7063 

MAIN:847-294-7313 

FAX: 847-294-7498 

EMAIL: jonathan.bringewatt@faa.gov 

The Honorable Douglas M. Rawald, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (El 1-310) 

Washington, DC 20590 

TEL: 202:.366-5121 Staff Assistant 

FAX: 202-366-7536 

Docket No. FAA-2014-0405 

(Civil Penalty Action) 

6 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 2WIOOO, Washington, 

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