* * * * 

u.s. DEPARTMENT OF TRANSPORTATION RECEIvED 

OFFICE OF HEARINGS 

WASIDNGTON, DC 

* * 

OCT 0 8 2014 

HEARING DOCKET 

In the Matter of: 

* 

* 

* 

* 

* 

KENNETHSANTODOMINGO * 

Docket No: FAA 2014-0407 

EIR # 2013 SW050046 

* * Hon. Richard C. Goodwin 

* 

* * * * * * 

COMPLAINANT'S MOTION TO DEEM ALLEGATIONS ADMITTED AND 

MOTION FOR DECISION 

The undersigned counsel for the Federal Aviation Administration (FAA), pursuant to 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 in this case, pursuant to the Rules of Practice 

in FAA Civil Penalty Actions. 

BASIS FOR REQUESTED RELIEF 

In support of this Motion, the FAA states as follows: 

I. On June 16, 2014, the FAA issued a Final Notice of Civil Penalty (FNPCP) to 

Respondent, proposing a civil penalty in the 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 or before 15 days after his receipt of the FNPCP, the agency 

would issue an Order Assessing Civil Penalty and he would have no further right to a 

hearing. The FNPCP further advised Respondent that any request for a hearing must be 

signed and dated in accordance with 14 C.F.R. § 13.16, a copy of which was previously 

provided in the Notice of Proposed 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 with the 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 or before 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 of Practice, 14 C.P.R.§§ 13.16 and 13.201-

13.235." (See Exhibit C). In that letter, the Hearing Docket provided a link to the Rules 

of Practice and other information regarding civil penalty proceedings, including indexes 

to decisions. 

6. On July 29, 2014, His Honor served his Procedural Order to the parties in this case, 

clearly stating in the third sentence, "Those rules provide, inter alia, that the 

Respondent must file an written Answer or motion within thirty (30) days after 

service of the 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 of each allegation in the Complaint(§ 13.209(1)), and 

that, absent agreement of the parties, a party seeking an extension of time must file 

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 of this 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 

Docket No: FAA 2014~0407 
3 

8. Because Respondent failed to file an Answer to the Complaint, this Motion for Decision 

should be granted. 14 C.P.R.§ l3.209(f) sets forth the consequences for failure to file an 

Answer. That rule provides that "a person's failure to file an Answer without good cause 

shall be deemed an admission of the truth of each allegation contained in the Complaint." 

9. Case precedent clearly supports the grant ofthe requested motions. See FAA v. Air 

Florida Express, Inc., FAA Docket No. CPOOS0004, DMS No. FAA-2000-7260, Order 

Assessing Civil Penalty, served Nov. 1, 2000, affdby Order Denying Appeal, served 

Aprill6, 2002; See also, Ronald Victor Stalling, FAA Docket No. CP96WP0083, Order 

Assessing Civil Penalty, served July 23, 1996 (failure to file an answer to the complaint 

resulted in a constructive withdrawal of requested hearing, rendering a hearing 

unnecessary). 

10. The underlying facts of this case are that on January 28,2013, Mr. Kenneth 

Santodomingo aimed a laser at a Dallas Police helicopter, illuminating the aircraft's 

windscreen, causing an interference with the 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 incarceration by the United States District Court, Northern 

District of Texas, Case 3:13-cr-00069-0 on July 31,2013. (Exhibit E) 

Complainant's Motion To Deem Allegations Admitted And Motion For Decision 

Kenneth Santodomingo 

Docket No: FAA 2014·0407 
4 

WHEREFORE, the FAA respectfully requests that the Administrative Law Judge grant 

this motion finding that all of the allegations in the Complaint in this case are admitted as true for 

Respondent's failure to file an Answer, and issue a Decision consistent with those 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 on this date the original and a copy of Complainant's Motion to Deem 

Allegations Admitted and Motion for Decision were sent by CERTIFIED MAIL-RETURN 

RECEIPT REQUESTED, to: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430, Wilbur Wright Building- Suite 2Wl 000 

I hereby certify that a copy of Complainant's Motion to Deem Allegations Admitted and 

Motion for Decision was sent this date by CERTIFIED MAIL-RETURN RECEIPT 

REQUESTED, and FAX to: 

The Honorable Richard C. Goodwin 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-31 0) 

Washington, D.C. 20590 

FAX: 202-366-7536 

I hereby certifY that a copy of this Complainant's Motion to Deem Allegations Admitted 

and Motion for Decision was sent this 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 Aviation Administration 

Dated: October 2, 2014 

5 

Complainant's Motion To Deem Allegations Admitted And Motion For Decision 

Kenneth Santodomingo 

Docket No: FAA 2014-0407 
U.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 c E \ v Eo 

Mr. Kenneth Santodomingo R 

Reg. No. 45762-177 

Seagoville Federal Correctional Inst 

P.O. Box 9000 

Seagoville, TX 75159 

OCT 0 S 2014 

HEARING DOCKET 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

You were advised through a Notice of Proposed Civil Penalty, dated June 7, 2013, that the FAA 

proposed to 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 of light from a laser pointer at a Dallas Police 

helicopter (aircraft), operating as "Air One," flying in the area of 7719 Lake 

June Road, Dallas, Texas. 

2. The laser beam 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 of your 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. 
By reason of the foregoing facts and circm11Slances, you violated Section 91. II of the Federal 

Aviation Regulations (Title 14, Code of Federal Regulations), which states that no person may 

interfere with a crewmember in the performance of the 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 of the violations noted. 

The maximum penalty per violation is $11,000.00. By reason of the foregoing facts and 

circumstances we propose to assess a civil penalty for all of the 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 you receive this final notice, we will issue an Order Assessing Civil Penalty 

and you will have no further right to a hearing. If you 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, you provide a copy of your 

request for hearing to the undersigned FAA attorney. Your request must be dated and signed. 

You may pay the proposed penalty by submitting a check or money order payable to "Federal 

Aviation Administration," addressed to Sonny Rogers, FAAIMMAC/AR, AMK-322-SW, 

2 

P.O. Box 25770, Oklahoma City, Oklahoma 73125-4915. Please be sure to indicate the Case 

Number on the front of your check. We also accept payment by VISA or MasterCard. If you 

choose to make payment using the charge card method, please provide us 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;" then click "Federal Aviation 

Administration" in the "A to Z Index of U.S. Government Departments and Agencies," which 

will bring you to the "FAA Civil Penalty Payments- FAA Southwest Region" 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 

Santodomingo FNPCP: 2013SW050046 
US. Department 

of Transportation 

Federal Aviation 

Administration 

June 30, 2014 

Southwest Region 

Arkansas, Louisiana, 

New Mexico, Oklahoma 

Texas 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

F edcral Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2Wl000 

In the Matter of Kenneth 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 of the 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. :.·.·. (' ! '·. 

Please rerve me 'i(ith all documents in this 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: 2013SW050046 
Postage 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 to the back of the mailpiece, 

or on the front if space permits. 

1. Article Addressed to: 

Mr. Kenneth Santodimingo 

Reg. No. 45762-177 

P.O. Box 9000 

~~ct~uviiie. ~X 75159-9000 

Is delivery address different from item 1? 

If YES, 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 Express Mail 

Sent TO Mr. Kenneth Santo, ............. IlF.g •• liLG>---~/.i0.2.~l:;l./. Street, Apt. NO.; ----- orPOBoxN!f!. 0, Box 9000 

Cl Registered Cl Return Receipt for 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 of the mailpiece, or on the front if space 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 o 4 

- •• "'<:iln 

D. Is delivery address different from item i 

If YES, enter delivery address below: 

CJ Express Mail 

0 Rerum Receipt for Merchanctlse 

PS Form 3811, February 2004 

Domestic Return Receipt 
In the Matter of: 

U.S. DEPARTMENT OF TRANSl'ORTATION 

FEDERAL AVIATION 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 of the Rules of Practice 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 of Proposed 

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 laser beam 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 of your 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 of the foregoing, Oklahoma Skydiving Center violated the following sections 

of the Federal Aviation Regulations (Title 14, Code of Federal Regulations): 

a. Section 91.11 that states that no person may interfere with a crewmember in the 

performance of the 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 of the 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 law judge enter an order that 

Respondent Kenneth Santodomingo be assessed a civil penalty in the amount of$11,000.00. 

Submitted this 30th day of June 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 2Wl 000 

Fax: (202) 366-7536 

I certify that a copy of the Complaint has been mailed 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 of the Regional Counsel 

Date: Gu/'Lt. :3c, :J_t}!f 

{/ ' 

Kenneth Santodomingo 

COMPLAINT: 2013SW050046 
U.S, Department 

of Transportation 

Federal Aviation 

Administration 

July 8, 2014 

Gregory S. Lander 

Federal Aviation Administration 

Office of Regional Counsel 

Southwest Region 

2601 Meacham Blvd. 

Fort Worth, TX 76137-0007 

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 of KENNETH SANTODOMINGO, FDMS No.2014-0407 

Dear Parties: 

The Hearing Docket has received the complaint in this 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 of Hearings once an administrative law judge is 

assigned to this case. 

FAA civil penalty actions are governed by the Rules of Practice, 14 C.F.R §§ 13.16 and 13.201-

13.235. The Rules of Practice, as well as other useful information about civil penalty 

proceedings and indexes of decisions issued by the Administrator, may be found at: 

http:/ lwww. faa.gov/aboutloffice orglbeadguartcrs offices/agclpo 1 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/. If you plan to file 

a document containing information that should not be made publicly available, you should tile a 

motion under 14 C.P.R.§ 13.226. 
If you have any questions, please contact the Hearing Docket at (202) 385-8230. 

s~~:ly, (\ . , (jl\CA_~=.~ Q66---~. Sharice Jefferson 

Hearing Docket Clerk, AGC-430 
U.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 of Regional 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 hereinbelow1

• The Rules of Practice for this proceeding 

are set forth in 14 C.F.R. Part 13, Subpart G, of the Federal Aviation Regulations2

. 

Those rules provide, inter alia, that the Respondent must file a written Answer or motion 

within thirty (30) days after service of the 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 of each allegation in the Complaint 

(§13.209(£)), and that, absent agreement of the parties, a-party seeking an extension of 

time must file a written motion not less than seven (7) days before the document is 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 

of the complaint. Any statement or allegation contained in the complaint that is 

not specifically denied in the answer may be deemed an admission of the 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 of the decisions, the Rules of Practice, 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/e 14/ 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. 

1 
that allegation. A general denial of the 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 of this matter. 3 Compromise may be effected with or 

without a finding of violation (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. 

The judge will not discuss the case with any party, or representative on an ex 

parte basis. Administrative matters may be addressed to Staff Assistant, Pat Matthews 

[202-3 66-5121] (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, document production, responses to 

production requests and/or interrogatories. If the 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 of courtroom 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 brief fifteen (15) 

days after receipt of the transcript; Respondent shall its brief fifteen (15) days 

thereafter; and any rebuttal brief by the Complainant shall be filed seven (7) days 

thereafter. 

3 "The public policy of favoring 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 and Procedure: Evidence, §5302 (1980). Rule 

408 of the Federal Rules of Evidence excludes from evidence all statements made in the course of 

settlement negotiations. 

4 14 C.F.R. § 13.221 states: "The administrative law judge shall give each party at least 60 days notice of 

the date, time and location of the hearing." If the 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 

the judge's calendar. 

2 
5. Settled cases will not be removed from the hearing docket until the proper written 

pleading(s), consistent with the applicable rules,5 is received by the presiding 

judge6 

6. The parties are advised that submissions sent to the street address of the U.S. 

Department of Transportation, Office of Hearings, may be delayed due to 

screening conducted by 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 of submissions. The parties are 

encouraged, but not required, to file submissions by private delivery service, 

facsimile, or email. The certificate of service shall reflect the manner of service. 

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 of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, D.C . .20590 

Attn: Patricia Matthews 

(Richard.Goodwin@dot.gov) 

Administrative matters should be directed to Patricia Matthews, Staff Assistant 

(202) 366-5121 (Patricia.Matthews@dot.gov). 

All other matters should be addressed in writing/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 of the administrative law 

judge. If an agency attorney withdraws the complaint or a party withdraws the request for a hearing and the 

answer, the administrative law judge shall dismiss the proceedings under this subpart with prejudice." 

6 See: In the Matter of Lewis Drake & Associates, FAA Docket No. CP03S00045, DMS. No. FAA-2003-

16379, "Order Terminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA 

Docket CP89GL0458, "Order Canceling 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-Suite 2W10001 

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 of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

Docket No. 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. 

4 
Case 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 a plea of guilty to Count One ofthc One 

Counl h1dictment filed on Febn1ary 20, 2013. Accordingly, the deiCndant. is adjudged guilty Df such Count, which involve~ the 

following offense: 

Title & S!:~hm Nature of Oli.:nsc Dottc Offense C.;Hwludcd Coutit Nurnbcr(sj 

Aiming a Laser Poiutcr irt a11 Aircraft January 28, 2013 One 

The defendant is scntenceU us provided jn pages two tlrrough three of this judgment The sentence is imposed pursuant 

to Title t Sj 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 of S 1 00 U}r Coun! One of 1he One Count lmfictmcnt filed on 

'Fcbnmry 20. 2{} !3. 

The detCndant shall notify the Unitt::d States Attomcy for til is district within thirty days of any change of name, residence, 

or mailing 11ddrcss until al! fines. restitution, c-ost:;, and s.pccia! ~1s;:.cs.sments. imposed by this judgment arc h1Uy paid. 

Scntcnct:: imposed Julv 25, 20!3. 

~8~==-"··· R!'l':D 0 CONK()R .. ~~- U.S. DISTRICT JUDGE 

Signed Julv 31. 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 of 3 

The defendant KENNETH SANTODOMJNGO, is hereby committed to the custody of the Federal Bureau of Prisons 

(BOP) to be imprisoned for a term <"JfTlHRTY(30) months. 

The defendant is remanded Lo the custody of the United States l'vbt5hal. 

SUPERVISED RELEASE 

Upon reLease from imprisonment, th~dcfendant shall be pltlced on supervised rckase tOr a term of ONE { J) year on Count 

One of the One Count Indictment filed on Febru;-~ry 20.2013. 

Whil-e on supervised releus:c, in comptiance with the standntd conditions of supervision adopted by t11c United States 

Sentencing Cmnmissi-on, the d~fendant slm!J: 

( 1) not lc-aw the judicial district without. the- pcrmi;-;:;.ion of lhc- Court or probation officer; 

( 2) r~.:port to the probation officer as directed by the Court or probatiun oflker and submit <l truthfttl rntd 

complete written report within the tirs.r five (5) days of each month; 

( 3) answer truthfully all juquiries by the probmion officer and foil ow the instructions of the probation 

omcer; 

( 4) support the dcfcndantjs dependents and mr:ct otbcr family responsibilities; 

( 5) work regularly at a lawful occupadon unkss excu-sed by I h.: probation olliccr for schooling) tn1ining, 

or othc'f acceptable r.;a-sons~ 

( 6) notify the probation officer within seventy· two (72) hour& of any change in residence or employment; 

( 7) refrain from exccssi\'C usc of akohol 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 by a physician; 

( 8) not frequent places where conJTo!kd substall<"C~ are illegally J'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 of u 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 of any contraband Qbserved in plain view by the probation olliccr; 

(ll) notify the probrnfon offi-cer ·within seventy-two (72) houn; of being 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 of a law enfOrcement agen-cy 

\Vithout tht:: pemtission of the Cmu1~ nnd 

( 13) noti tY third parties of risks !hat may he OL~casioncd by th~ defendant's criminal record or personal history or 

ch-amctcristks1 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 of DNA 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 of the 

'Federal Bureau of Prisons 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 of nl 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 of a cotHroll~d substanec, submitting to one drug test within 15 days of release from 

imprisonment and at least t\VO periodic drug tests thereafter, as directed by the probation officer; 

partk:lp.:1te in a program (inpatient ami! or outpatient) approved by the U.S. Probation Office for treatment of narcotic, 

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 of alcohol and/or all other intoxicm1ts during and alkrcomplclion of treatment The defendant shall 

contribute to the caMs of services r-cnd~red (ropayment} at ti rate of at teas!' S 10 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, and job sc~rch and retention services. as directed by the probalhm officer until 

successfuf!y discharged from !he program. 

FINEIRloS·riTUTI.ON 

The Court docs not order a fine or costs of incarceration because the- defendant docs not have the t1nanclal resources o-r 

futun~ earning capucity to pay a fine or costs of in..:urccration. 

Restitution is not ordere-d because there is no vk1hn other than Bodcty at large. 

RETtiRN 

r have ex-ecuted this judgrncnt (1$ follows: 

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

BY 

Deputy Marsltal 

I certify this to be a true 

and accurate copy of the 

originOI do ument. 

lvtllf 

gnature