## * * * * 

# u.s. DEPARTMENT OF TRANSPORTATION 

# RECEIvED OFFICE OF HEARINGS WASIDNGTON, DC 

## * * OCT 08 2014 

## HEARING DOCKET In

### the Matter of: 

## * * * *

* KENNETHSANTODOMINGO 

## * DocketNo: FAA 2014-0407 

### EIR

### # 2013SW050046 

## * 

# * Hon. Richard C. Goodwin 

## * * * * * * *
COMPLAINANT'SMOTION TO DEEMALLEGATIONS ADMITTED AND MOTION FOR DECISION 

### The undersigned counsel for the Federal Aviation Administration (FAA), pursuantto the provisions ofl4 C.F.R. sections 13.209(f) and 13.218(£)(5) hereby brings I) a Motion to Deem Allegations Admitted and 2) Motion for Decision inthis case, pursuant to the Rules ofPractice inFAA Civil Penalty Actions. BASIS FOR REQUESTED RELIEF 

### In support ofthis Motion, the FAA states as follows: I. 

### On June 16, 2014, the FAA issued a FinalNotice ofCivil Penalty (FNPCP) to Respondent, proposing a civil penalty inthe amount of$11,000.00, for a violation of 14 C.F.R. 

### § 91.11. (See Exhibit A) The FNPCP advised Respondent that unless he requested a hearing on orbefore 15 days after his receipt ofthe FNPCP, the agency wouldissue an Order Assessing Civil Penalty andhe would have no further right to a hearing. The FNPCP further advised Respondent that any request for a hearing mustbe signed and dated in accordance with 14 C.F.R. § 13.16, a copy ofwhichwas previously provided inthe Notice ofProposed Civil Penalty.2 

### 2. On June 24,2014, Respondent requested a hearing via a letter sent to the Agency's counsel with a courtesy copy filed withthe FAA's Hearing Docket Clerk.
3. On June 30, 2014, the Agency filed its Complaint, attached hereto as Exhibit B.
4. Under 14 C.P.R.§ 13.209(a), Respondent then had 30-days to answer the Complaint, plus an additional five (5) days in accordance with 14 C.P.R.§ 13.211(e). Thus, Respondent's Answer was due on orbefore August 4, 2014.
5. By letter dated July 8, 2014, the Hearing Docket advised the parties that, "FAA civil penalty actions are governed by Rules ofPractice, 14 C.P.R.§§ 13.16 and 13.201- 13.235." (See Exhibit C). 

### In that letter, the Hearing Docketprovided a linkto the Rules ofPractice and other informationregarding civil penaltyproceedings, including indexes to decisions.
6. On July 29, 2014, His Honor servedhis Procedural Order to the parties in this case, clearly stating in

### the third sentence, "Those rules provide, inter alia, thatthe Respondent mustfile an written Answer ormotion within thirty (30) days after service ofthe Complaint (14 C.F.R. § 13.209(a)), that a general denial is deemed a failure to file anAnswer (§ 13.209(e)), thatfailure to file an Answerwithout good
cause is deemed an admission ofeach allegation in the Complaint(§ 13.209(1)), and that, absent agreement ofthe parties, a party seeking an extension oftime mustfile
a written motion not less than seven (7) days before the document is due, absent good cause shown (§13.213(a) and (b))." (emphasis added) (See Exhibit D)
7. As ofthis date, Respondent has not filed an Answer to the FAA's Complaint.

Complainant's Motion To Deem Allegations Admitted And Motion For Decision Kenneth Santodomingo DocketNo: FAA**2014~0407**3 

### 8. Because Respondent failed to file an Answerto the Complaint, this Motion for Decision shouldbe granted. 14 C.P.R.§ l3.209(f) sets forth the consequences for failure to file an Answer. Thatrule provides that "aperson's failure to file anAnswer without good cause shall be deemed an admission ofthe truth ofeach allegation contained inthe Complaint."
9. Caseprecedent clearly supports the grant oftherequested motions. 

### See FAA v. 

### Air Florida Express, Inc., FAA DocketNo. CPOOS0004, DMS No. FAA-2000-7260, Order Assessing Civil Penalty, servedNov. 1, 2000, 

### affdby Order DenyingAppeal, served Aprill6, 2002; 

### See also, Ronald Victor Stalling, FAA DocketNo. CP96WP0083, Order Assessing Civil Penalty, served July 23, 1996 (failure to file an answer to the complaint resulted in a constructive withdrawal ofrequested hearing, rendering a hearing unnecessary).
10. The underlying facts ofthis case are that onJanuary 28,2013, Mr. Kenneth Santodomingo aimed a laser at a Dallas Police helicopter, illuminatingthe aircraft's windscreen, causing an interference withthe aircraft's crewmembers. Mr. Santodomingo
was arrested at the scene, charged with a violation of 18 United States Code § 39(A), aiming a laser at an aircraft. Mr. Santodomingo pleaded guilty to this offense, and was sentenced to 30 months incarcerationbythe United States District Court, Northern District ofTexas, Case 3:13-cr-00069-0 onJuly 31,2013. (Exhibit E)

Complainant's Motion To Deem Allegations Admitted And Motion For Decision Kenneth Santodomingo Docket No: FAA2014·04074 WHEREFORE, the FAA respectfully requests thatthe Administrative LawJudge grant this motion finding that all ofthe allegations in the Complaint inthis case are admitted as true for Respondent's failure to file an Answer, and issue a Decision consistentwiththose findings.

Dated: October2,2014 Respectfully submitted,

South By: Agency Attorney PHONE: 817/222-5083 FAX: 817/222-5945 or 5092 

### email: gregory.s.lander@faa.gov

Complainant's Motion To Deem Allegations Admitted And Motion For Decision Kenneth Santodomingo Docket No: FAA 2014-0407

### CERTIFICATE OF SERVICE
I hereby certifY that onthis date the original and a copy ofComplainant's Motionto Deem Allegations Admitted and Motion for Decisionwere sent by CERTIFIED MAIL-RETURN RECEIPT REQUESTED, to: Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430, Wilbur Wright Building- Suite 2Wl000

I hereby certify that a copy ofComplainant's Motionto Deem Allegations Admitted and Motion for Decision was sent this date by CERTIFIED MAIL-RETURN RECEIPT REQUESTED, andFAXto: The Honorable Richard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200New JerseyAvenue, S.E. (E11-31 0) Washington, D.C. 20590 FAX: 202-366-7536

I hereby certifY that a copy ofthis Complainant'sMotionto Deem Allegations Admitted and Motion for Decision was sentthis date by CERTIFIED MAIL-RETURN RECEIPT REQUESTED, to: Mr. Kenneth Santodomingo Reg. No. 45762-177 Seagoville Federal Correctional Inst. P.O. Box 9000 Seagoville, TX 75159

Sylv,· C. Twa Par ega! Safety Enforcement Branch Federal AviationAdministration
Dated: October 2, 2014 5

Complainant's Motion To Deem Allegations Admitted And Motion For Decision Kenneth Santodomingo DocketNo: FAA 2014-0407U.S. Deportment of Transportation Federal Aviation Administration



### June 16,2014 Southwest Region Arkansas, Louisiana, t..Jew Mexico, Oklahoma Texas



### Case No. 2013SW050046 Office of Regional Counsel 2601 Meacham Boulevard Fort Worth, TX 76137 (817) 222-5099 (817) 222-594515092 FAX



### CERTIFIED MAIL_ RETURN RECEIPT REQUESTED and Regular Mail 

# E

# cE \



# vEo
Mr. Kenneth Santodomingo 

# R Reg. No. 45762-177 Seagoville Federal Correctional Inst P.O. Box 9000 Seagoville, TX 75159 

## OCT 0S2014 HEARING DOCKET
FINAL NOTICE OFPROPOSED CIVIL PENALTY You were advised through a Notice ofProposed Civil Penalty, dated June 7, 2013, that the FAA proposedto assess a civil penalty in the amount of$11,000.00. After considering all the evidence in this matter, it appears that: 

### 1. On or about January 28, 2013, at approximately 04:08a.m. local time, you knowingly aimed a beam oflight from a laser pointer at a Dallas Police helicopter (aircraft), operating as "Air One," flying in the area of7719 Lake June Road, Dallas, Texas. 2. The laser beam aimed at the aircraft illuminated the helicopter's plexiglass windscreen. 3. On boardthe police helicopter were two uniformed officers performing police duties; one flying and one observing. 4. As a result ofyour actions, the police officer flying the helicopter was diverted from his duties when the laser obscured his vision and impaired his ability to control the aircraft. 5. You admitted to law enforcement officials that you pointed the green laser at the helicopter and the laser used was identified by you to police. 6. You were arrested and taken into custody by Dallas Police. 7. On February 26, 2013, you waived your right to trial and entered a plea ofguilty to a violation of 18 United States Code (U.S.C.) § 39A.

### By reason ofthe foregoing facts and circm11Slances, you violated Section 91.

### II ofthe Federal Aviation Regulations (Title 14, Code ofFederal Regulations), which states that no person may interfere with a crewmember in the performance ofthe crewmember's duties aboard an aircraft being operated. Under 49 U.S.C. 

### §4630l(a)(l), you are subject to a civil penalty for each ofthe violations noted. The maximum penalty per violationis $11,000.00. By reason ofthe foregoing facts and circumstances we propose to assess a civil penalty for all ofthe violations noted in the total amount of$11,000.00. Unless you mail or personally deliver, in writing, your request for a hearing in this matter, on or before 

### 15 days after youreceive this final notice, we will issue an Order Assessing Civil Penalty and you will have no further right to a hearing. Ifyou do not submit 

### a written request 

### for a hearing, you must pay the proposed civil penalty. Your request for a hearing must be mailed 

### or delivered to the Federal Aviation Administration, 800 Independence Avenue, SW, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430, Wilbur Wright Building- Suite 2Wl000. In addition, youprovide a copy ofyour request for hearing to the undersigned FAA attorney. Your request mustbe dated and signed. You maypay the proposed penalty by submitting a check or money orderpayable to "Federal AviationAdministration," addressed to Sonny Rogers, FAAIMMAC/AR, AMK-322-SW, 2

P.O. Box 25770, Oklahoma City, Oklahoma73125-4915. Please be sure to indicate the Case Numberon the front ofyour check. We also accept paymentby VISA or MasterCard. Ifyou choose to make payment usingthe charge card method, please provideus 

### with the credit card number, expiration date, and cardholder's name. In the alternative, you may pay your civil penalty with a credit card over the Internet. To pay electronically, visit the web site at http://pay.gov and click on "Agency List" m1der "What Federal Agencies Can I Pay;" thenclick "Federal Aviation Administration" in the "A to Z Index ofU.S. Government Departments and Agencies," which will bringyouto the "FAA Civil Penalty Payments- FAA SouthwestRegion" page. You must then compkte

### the requested,information and click "submit" to pay by credit card.
,-·-· ,_ 

## ERiy;'E. ANDERS,pN

R¢gional

### C¢JJh~(;J

## S~uthwest,dy~$iJn \

### I 

# ' / 

### '

## ~~i / 

# I \**'~** 

## 'I , By:

# \,,~'~j**_,.,~/>~ Gregmy~S.,,,L,,anoor·"**  /' Attorney, SafetfFnforcement Branch Federal Aviation Administration 2601 Meacham Blvd., 663 Fort Worth, TX 76137 Phone: 817/222-5083 FAX: 817/222-5945**e~mail:** gregory.s.lander@faa.gov

SantodomingoFNPCP: 2013SW050046US. Department of Transportation Federal Aviation Administration



### June 30, 2014 Southwest Region Arkansas, Louisiana, New Mexico, Oklahoma Texas



### CERTIFIED MAIL- RETURN RECEIPT REQUESTED Fedcral Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2Wl000 In the Matter ofKenneth Santodomingo 

### Docket No. CP- To Be Assigned Case No. 2013SW050046 

### Dear Sir or Madam: Office of Regional Counsel 2601 Meacham Blvd., Rm. 663 Fort Worth, TX 76137-0007 (817) 222-5099 (817) 222-5945/5092 FAX



### Enclosed are the original and one copy ofthe Complaint in the above-referenced proceeding. The Complainant requests that the hearing in this matter be held in the Dallas, Texas, area and expects that the hearing will last one (1) day.

:.·.·. 

### (' ! '·. 

### Pleasererve me 'i(ith all documents inthis matter.

ERIC { ANDERSON

Regibnal CoJ,ihsd I .: . I**Sout~west ~egio,h**  \ '. / •' ·; 

# 'll

' By: Gregory S. Lander Attorney, Safety Enforcement Branch Federal Aviation Administration 2601 Meacham Blvd. Fort Worth, Texas 76137-0007 Telephone: 817-222-5083 Facsimile: 817-222-5945

Gr,ygory'Sc L<L!lder
......· Attorney, SafetyEriJorcement Branch Safety Enforcement Branch Enclosure: Complaint Kenneth Santodomingo Kenneth Santodomingo COMPLArNT: 2013SW050046Postage J$ 1------**~** Certif!OOFes**R~um** Reclapt Fee 

### 1---- {Em!arsemen! Required) 1 {Endorsement Requ!red) • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse

so that we can return the card to you. • Attach this card tothe back ofthe mailpiece, or on the front ifspace permits. 1. Article Addressed to:

Mr. Kenneth Santodimingo Reg. No. 45762-177 P.O. Box 9000**~~ct~uviiie. ~X**  75159-9000 Is delivery address differentfrom item 1? IfYES, enter delivery address below: Yes 0 No

### Rastri~dOe!iveryFea

# E=:**~eagOVl_j__Le,** 'l'A. I J.lJ:1-"':IVUU J ::t**~I'>YVif'PlltnF'** To!a! Postage & Fees $ !2il**Certifi~d** Mail Cl ExpressMail SentTO Mr. Kenneth Santo,

............. IlF.g ••**liLG>---~/.i0.2.~l:;l./.** Street, Apt.NO.;

----- orPOBoxN!f!.0, Box 9000 Cl Registered Cl Return Receiptfor Merchandise 0 Insured Mail D C.O.D
. 4. Restricted Delivery? (£xtra Fee) D Yes ---'"'',. ZE6, GSL --- -----------------·---------------- 2 . '"

- '"

----

### ci,Y;s;a;&;zif~~goville, TX 7 . ;7003 2260. 0004 1699 U'1"1:J 20l3SWU:>uuqo I -- ,..._u..... 'lA11, February 2004 Domestic Return Receipt 102595-0<::·w·-·-
..

Postage Certified Fee 1-------1
Postmark Here • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse

so that we can return the card to you. • Attach this card to the back ofthe mailpiece,

or on the front ifspace permits. i. Article Addressed to: Federal

### Av~uCibn Administration 

### BOO Independence Avenue, SW**Was~ington,** DC 20591 Attn: Hearing Docket Clerk, WiJJLl!x
..Jiright Building,

2
. ...........,__,__·-'--·--:-'----

1 

### ?

# o [l3>J1.£'!.Di,".O

## o o4 - •• "'<:iln

D. Is deliveryaddress different from item i

IfYES, enter delivery address below:

CJ Express Mail 0 Rerum ReceiptforMerchanctlse

PS Form 3811, February 2004 Domestic Return Receipt

### In the Matter of: U.S. DEPARTMENT OF TRANSl'ORTATION FEDERALAVIATION ADMINISTRATION

FAA Case No. 2013SW050046 KENNETH SANTODOMINGO FAA Docket CP No.

- To Be Assigned Judge- Not Yet Assigned

COMPLAINT
The Complainant files its complaint, under Rule 208 ofthe Rules ofPractice in FAA Civil Penalty Actions, 14 C.F.R. 

### § 13.208, and states the following: 

### I. Respondent Oklahoma Skydiving Center was advised through a Final Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$11,000.00. On June 27,2010, Respondent submitted a written request for a hearing. 

### II. 1. 

### On or about January 28, 2013, at approximately 04:08 a.m. local time, you knowingly aimed a beam of light from a laser pointer at a Dallas Police helicopter (aircraft), operating as "Air One," flying in the area of7719 Lake June Road, Dallas, Texas. 2. The laserbeam aimed at the aircraft illuminated the helicopter's plexiglass windscreen. 3. On board the police helicopter were two uniformed officers performing police duties; one flying and one observing. 4. As a result ofyour actions, the police officer flying the helicopter was diverted from his duties when the laser obscured his vision and impaired his ability to control the aircraft. 5. You admitted to law enforcement officials that you pointed the green laser at the helicopter and the laser used was identified by you to police. 6. You were arrested and taken into custody by Dallas Police. 7. On February 26, 2013, you waived your right to trial and entered a plea of guilty to a violation of 18 United States Code (U.S.C.) 

### § 39A.

Kenneth Santodomingo COMPLAINT: 2013SW050046

### 8. By reason ofthe foregoing, Oklahoma Skydiving Center violated the following sections ofthe Federal Aviation Regulations (Title 14, Code ofFederal Regulations):
a. Section 91.11 that states that no person may interfere with a crewmember inthe performance ofthe crewmember's duties aboard an aircrafi being operated.



# m. I. Under 49 U.S.C. 

### § 46301 (a)(l), you are subject to a civil penalty for each ofthe violations noted. The maximum penalty per violation is $11,000.00. By reason ofthe foregoing facts and circumstances we propose to assess a civil penalty for all ofthe violations noted in the total amount of$11,000.00. 2. Under the facts and circnmstances ofthis case, a civil penalty of$11,000.00 is appropriate. Complainant respectfully requests that the administrative lawjudge enter an order that Respondent Kenneth Santodomingo be assessed a civil penalty in the amount of$11,000.00. Submitted this 30th day ofJune 2014. ERIC,E.ANDEJ3c,SO)'J

Regional**CouA~e}l** 

### Sorthwest

### J3c~gi6n By: i ' I \,I ·'**'\'~(** / ,/

### \:~~/~--- __--------- ---------_-- - 

### Gfegory

# s: Lafiaer Attorney, Safety Enforcement Branch Federal Aviation Administration 2601 Meacham Blvd. Fort Worth, Texas 76137-0007 Telephone: 817-222-5083 Facsimile: 817-222-5945 gregory.s.lander@faa.gov

Kenneth Santodomingo COMPLAINT: 201JSW050046

### CERTIFICATE OF SERVICE I certify that the foregoing original Complaint and one copy have been mailed this date by Certified Mail, Return Receipt Requested, and via facsimile, to:

Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2Wl000 Fax: (202) 366-7536 I certify that a copy ofthe Complaint has beenmailed this date by Certified Mail, Return Receipt Requested, and regular mail to:

Mr. Kenneth Santodomingo Reg. No. 45762-177 P.O. Box 9000 · Seagoville, TX 75159-9000



# /kk (! 

# :kA_/ Syl\!l'lt C. Twa, Paralegal Specialist Federal Aviation Administration Southwest Region Office ofthe Regional Counsel Date: 

## Gu/'Lt. 

# :3c, :J_t}!f 

## {/ '

Kenneth Santodomingo COMPLAINT: 2013SW050046U.S, Department of Transportation Federal Aviation Administration 

### July 8, 2014 Gregory S. Lander Federal Aviation Administration Office ofRegional Counsel Southwest Region 2601 Meacham Blvd. Fort Worth, TX76137-0007 Kenneth Santodomingo Reg. No. 45762-177 P.O. Box 9000 Seagoville, TX 75159-9000 Office of the Chief Counsel 800 Independence Ave., S.W. Washington, D.C. 20591



### Re: In the Matter ofKENNETH SANTODOMINGO, FDMS No.2014-0407 DearParties: The Hearing Docket has received the complaint inthis FAA civil penalty action. Please include the above-referenced Federal Docket Management System (FDMS) number on all correspondence and on each document that you file with the Hearing Docket in this proceeding. You will receive a letter from the Office ofHearings once an administrative lawjudge is assigned to this case. FAA civil penalty actions are governed by the Rules ofPractice, 14 C.F.R §§ 13.16 and 13.201- 13.235. The Rules ofPractice, as well as other useful information about civil penalty proceedings and indexes ofdecisions issued by the Administrator, may be found at: http:/ lwww.faa.gov/aboutloffice orglbeadguartcrs offices/agclpo1 adjudicationlagc400/ civil penalty/. Be advised that documents filed with the Hearing Docket in non-security cases will be available publicly through the following Internet website: http://www.regulations.gov/. Ifyouplan to file a document containing informationthat should not be made publicly available, you should tile a motion under 14 C.P.R.§ 13.226.

### Ifyou have any questions, please contact the Hearing Docket at (202) 385-8230.

# s~~:ly, 

# (\
. ,**(jl\CA_~=.~ Q66---~.**  Sharice Jefferson Hearing Docket Clerk, AGC-430U.S. Department of Transportation Federal Aviation Administration 800 Independence Ave., S.W. Washington, D.C. 20591 Official Business Penalty for Private Use $300

### A~c_. 

### 1-13o

WA Form 1360-12 (2-92) 

### Gregory S. Lander Federal Aviation Administration Office ofRegional Counsel Southwest Region 2601 Meacham Blvd. Fort Worth, TX 76137-0007

### SERVED: JULY 29,2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF 

### Kenneth Santodomingo DOCKET NO. FAA 2014- 0407 (Civil Penalty Action).

PROCEDURAL ORDER In order to expedite the hearing in this matter, the parties shall comply with the Procedural Schedule set forth hereinbelow 1• The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2

. Those rules provide, inter alia, that the Respondent must file a written Answer or motion withinthirty (30) days after service ofthe Complaint (14 C.F.R. § 13.209(a)), that a general denial is deemed a failure to file an Answer(§ 13.209(e)), that failure to file an Answer without good cause is deemed an admission ofeach allegation in the Complaint (§13.209(£)), and that, absent agreement ofthe parties, a-party seeking an extension of time must file a written motion not less than seven (7) days before the documentis due, absent good cause shown(§ 13.213(a) and (b)). More specifically, 14 CFR 

### § 13.209 (e) states: A person filing an answer shall admit, deny, or state that the person is without sufficient knowledge or information to admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained in the complaint that is not specifically denied in the answer may be deemed an admission ofthe truth of

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing at iJJJJJ_:!!www.regulations.gov. For additi.onal information see: http://dms.dot.gov. 2 The Administrator's civil penalty decisions, along with indexes ofthe decisions, the Rules ofPractice, as well as other materials relating to civil penalty cases, are available on the internet at: http://www.faa.gov/about/ office_org/headquarters_offices/ age/pol_adjudication/ agc400/ civil_penalty!: see also: http:II ecfr.gpoaccess.gov/ cgi/tltextltext-idx?**c~ecfr&tpl ~;** ecfrbrowse/Tit/e14/ 14tab_02. tpl. In addition, Thomson Reuters/West Publishing publishes Federal Aviation Decisions. Finally, the decisions are available through LEXIS (TRANS library) and WestLaw 9FTRAN-FAA database. For additional information, see the Web site. 1that allegation. A general denial ofthe complaint is deemed a failure to file an answer. Under FAA Order 2150.3B and the Rules governing these proceedings, the Agency attorney and the Respondent are encouraged to consider the possibility of settlement and compromise ofthis matter. 3 Compromise may be effected with or without a finding ofviolation (14 C.P.R. 

### §13.16 (n) (I)). NOTE: This presiding Judge does not require "Discovery" be served on the Judge. Other Judges have different policies, but as long as this case is assigned to the undersigned presiding Judge the parties may, but are not required to, serve discovery on the undersigned. Thejudge will not discuss the case with any party, orrepresentative on an ex parte basis. Administrative matters may be addressed to StaffAssistant, PatMatthews [202-366-5121] (Patricia.Matthews@dot.gov). WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be Dallas, TX.; 2. On or before November I, 2014, the parties shall conclude all discovery including, but not limited to, depositions, documentproduction, responses to productionrequests and/or interrogatories. Ifthe parties cannot resolve a discovery dispute they shall submit the dispute to the undersigned for resolution in a timely manner; 3. The parties shall be prepared to present this case at a hearing on or after November I, ,2014\ subject to the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming in a separate Order. 4. The parties will have the opportunity to file Post-Hearing briefs and arguments pursuant to a schedule to be determined at the hearing. For guidance, the following schedule is typically used: Complainant shall file its brieffifteen (15) days after receipt ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefby the Complainant shall be filed seven 

### (7) days thereafter.

3 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in order to foster frank discussions". Fiberglass Insulators. Inc. v Dupuy, 856 F. 2d 652, 653 (4 Cir. 1988); Wright & Graham, Federal Practice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made in the course of settlement negotiations. 4 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give each party at least 60 days notice of the date, time and location ofthe hearing." Ifthe parties can agree on tentative hearing dates, they are encouraged to provide those dates to the court and/or Ms. Matthews in order to get the dates reserved on thejudge's calendar. 25. Settled cases will notbe removed from the hearing docket until the proper written pleading(s), consistent withthe applicable rules,5 is received by the presiding judge6 6. The parties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Office ofHearings, may be delayed due to screening conductedby the U.S. Postal Service and/or other security agencies and may take up to four (4) weeks to be delivered. Additionally, submissions may be "irradiated", which affects the quality ofsubmissions. The parties are encouraged, but not required, to file submissions by private delivery service, facsimile, or email. The certificate ofservice shall reflectthe manner ofservice. The parties are encouraged to provide email addresses to expedite service of pleadings. 7. All documents are to be submitted to the undersigned as follows: HON. Richard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. DepartmentofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, D.C
..20590 Attn: PatriciaMatthews (Richard.Goodwin@dot.gov) Administrative matters should be directed to Patricia Matthews, StaffAssistant (202) 366-5121 (Patricia.Matthews@dot.gov). All other matters should be addressed inwriting/email to Judge Goodwin.

Richard C. Goodwin U.S. Administrative Law Judge Attachment- Service List 5 14 C.F.R. § 13.215 states: "At any time before or during a hearing, an agency attorney may withdraw a complaint or party may withdraw a request for a hearing without the consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or a party withdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice." 6 See: In the Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "Order TerminatingProceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding", served January 16, \991. at 1. 3

### 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-Suite2W1000 1



### Kenneth Santodomingo, Respondent 

### Reg. No. 45762-177 P.O. Bo)( 9000 Seagoville, TX 75159-9000 

### ONE COPY

Gregory S. Lander, Complainant's Counsel 

### Safety Enforcement Branch Federal Aviation Administration 2601 Meacham Blvd. Fort Worth, TX 76137-0007 TEL: 817-222-5083 FAX: 817-222-5945 The Honorable Richard C. Goodwin, Administrative Law Judge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2014-0407 (Civil Penalty Action)

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!OOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 4Case 3:13-cr-00069-0 Document 32 Filed 07/31/13 Page 1 of 3 PageiD 82 

# United States District Court

UNITED STATES OF AMERICA
v. NORTHERN DISTRJCT OF TEXAS Dallas Division

JUDGMF:NT IN A CRIMINAL CASE Case Number: 3:!3-CR-069-0 (Ol) U.S. Marshul's No.: 45762-177 Mark Penley. Assistant U.S. Attorney KENNETH SANTODOMINGO !\-lark Fernandez, Attorney for the Defendant On fcbnmry 28,2013, the defendant, KENNETH SANTODOMINCiO, entered apleaofguilty to CountOne ofthc One Counl h1dictment filed on Febn1ary 20, 2013. Accordingly, the deiCndant. is adjudgedguiltyDfsuchCount, which**involve~** the following offense: Title &**S!:~hm** Nature ofOli.:nsc Dottc Offense C.;Hwludcd Coutit Nurnbcr(sj Aiming a Laser Poiutcrirt a11 Aircraft January 28, 2013 One
The defendant is scntenceU us provided jn pages two tlrrough three ofthisjudgment The sentence is imposed pursuant to Title tSj United States Colle § 3553(a), taking lhc guidelines issued by lhe lJnited States Scntcmjng C<mm1issiot1 pursuant to Title 28, United States Code § 994(a)( 1), as advisory only. The defendant sholl pay immediately a ;.pedal**<l~S-cssmcnt** ofS1 00 U}r Coun! One of1he One Count lmfictmcnt filed on 'Fcbnmry 20. 2{} !3. ThedetCndant shallnotifythe Unitt::d States Attomcyfor tilis districtwithin thirty days ofany changeofname, residence, or mailing 11ddrcss until al! fines. restitution, c-ost:;, and s.pccia!**~1s;:.cs.sments.** imposed by thisjudgment arc h1Uy paid. Scntcnct:: imposed Julv 25, 20!3.

# ~8~==-"··· 

# ..**~~-** R!'l':D 0 CONK()R U.S. DISTRICT JUDGE
Signed Julv31. 2013.



### GOVERNMENT 

# EXHE"

.**J\lllg~~l!.'(ll>filui\¥1lc51J009·0** Document 32 Filed 07/31/13 Defendant: KENNETH SANTODOMfNGO Case Number: 3:13-CR-069-0 (01) IMPRISONM.ENT Page 2 of 3 PaaeiD 83 Judgment-- Page 2 of3

The defendant KENNETH SANTODOMJNGO, is hereby committed to the custody ofthe Federal Bureau ofPrisons (BOP) to be imprisoned for a term <"JfTlHRTY(30) months. The defendant is remanded Lo the custody ofthe United States l'vbt5hal. SUPERVISED RELEASE Upon reLease fromimprisonment,**th~dcfendant** shallbe pltlcedon supervisedrckase tOratermofONE { J) yearonCount One ofthe One Count Indictment filed on**Febru;-~ry** 20.2013. Whil-e on supervised releus:c, in comptiance with the standntd conditions ofsupervision adopted by t11c United States Sentencing Cmnmissi-on, the**d~fendant** slm!J: ( 1) not lc-aw thejudicial district without. the- pcrmi;-;:;.ion oflhc- Court or probation officer; ( 2)**r~.:port** to the probation officer as directed by the Court or probatiun oflkerand submit <l truthfttl rntd complete written report within the tirs.r five (5) days ofeach month; ( 3) answer truthfully all juquiries by the probmion officer and foilow the instructions ofthe probation omcer; (4) support the dcfcndantjs dependents and mr:ct otbcr family responsibilities; (5) work regularly at a lawful occupadon unkssexcu-sed by I h.: probation olliccrfor schooling) tn1ining, or othc'f acceptable**r.;a-sons~** ( 6) notifythe probationofficerwithin seventy·two (72) hour& ofany change in residence or employment; ( 7) refrain from exccssi\'C usc ofakohol and not purchas(.\ possess,**l.J~.e,** tli:mibute. or administer any narcotic or othtr controlled substance, or any paraphernalia relnted to such snbstanecs, except as prescribed byaphysician; ( 8) not frequent places where conJTo!kd**substall<"C~** are illegallyJ'O!d. used. distributed, or i!dmlnistcrcd; ( 9) not associate 'vith any persons engaged in criminal activity and not associate with any**pcr~on** convicted ofu felony unless granrcd permission to do so by the probation officer; (lO) pennit u probation officer to visit the dcf>;.:ndan:t at any time ;tt home or elsewhere and permil confiscation ofany contraband Qbserved in plain view by the probation olliccr; (ll) notify the probrnfon offi-cer ·within seventy-two (72) houn; ofbeing**arrcstc~i** or questioned by a law cnforeemcnt ofticer: ( 12) not enter into any agreement to act as :Jrl infomu:r or a special agt;:'nt ofa law enfOrcement agen-cy \Vithout tht:: pemtission ofthe**Cmu1~** nnd (13) notitY third parties ofrisks !hatmayhe**OL~casioncd** by**th~** defendant's criminal record or personal history or ch-amctcristks 1 and permit the probation oflkcr t') make such notitic.alk)ns and to confim1 the dciCndant's comp-liance with sudt nolilication rcqttircmenl 1 a:> directed by tlte p-robation officer_ In addition lhc defendant shaH: not commh anothl!r federal. state, or local crime; nol iH.egaHy possess controlled 5tJbstmtccs; cooperate in the cot!cction ofDNA as directed by the probation ofl1cer; not possess rJ firearm. ammunilion, dcstmctivc device-, or :my dangcrotlS weapon; report in person to the U.S. Probation Office in the district to which the defendant is released fi:om the custody ofthe 'Federal Bureau ofPrisons w·ithin 72 hours ofre-k:1sc; participate in mental health treatme-nt service-s as dirccwd by the probation officc1· until successfully discharged. These services may include medications prcs:cribt.:d by a licensed physician. The defendant shall contribute to the costs of services rendered (_copaymt.mt) at a raic ofnl k>l;;t $10**p~r month~** **Judgel'l§~ \3~i!ft!OGa69·0**  Document 32 Filed 07/31/13 Page 3 of 3**P~l£11 8>fngc**  3 of3 Defendant: KENNETH SANTODOMINGO Case Number: 3: !3-CR-069-0 (01)
rcfmin frorn any unlawful usc ofa**cotHroll~d** substanec, submitting to one drug test within 15 days ofrelease from imprisonment and at least t\VOperiodic drug tests thereafter, as directed by the probation officer; partk:lp.:1te in aprogram (inpatient ami!or outpatient) approved by the U.S. Probation Office for treatment ofnarcotic, drug. or alcohol dependency, which \vi\1 include testing f<lr tile detection of**substan~e** us.e or abuse. The defendant shalt abstain fhmt1he us.e ofalcohol and/orall other intoxicm1ts during and alkrcomplclion oftreatment Thedefendant shall contribute to the caMs ofservices**r-cnd~red** (ropayment} at ti rate ofat teas!' S10 peer month.; and, participate in**wo-rki~xtc** developme-nt programs and servic-es involving activities refating to occupationnl and career development, including but not limited to assessments and testing, educational instmction, training ctasses, career guidance. counschng, case management, andjob**sc~rch** and retention services. as directed bytheprobalhm officeruntil successfuf!y discharged from !he program. FINEIRloS·riTUTI.ON The Court docs not order a fine or costs ofincarceration because the- defendant docs not have the t1nanclal resources o-r**futun~** earning capucity to pay a fine or costs ofin..:urccration. Restitution is not ordere-d because there is no vk1hn other than Bodcty at large. RETtiRN rhave ex-ecuted thisjudgrncnt (1$ follows:

Defendant ddivered**on-----~----** to

BY DeputyMarsltal

Icertify this to bea true and accuratecopy ofthe originOI do ument. 

### lvtllf gnature