In The Matter Of: 

SERVED: June 2, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2015-1321 

Fisher Scientific Company, LLC 

) 

) 

) 

) 

) 

Case No. 2011 S0700457 

Respondent 

ORDER GRANTING RESPONDENT'S REQUEST FOR ADDITIONAL TIME 

On May 1 7, 2016, the undersigned judge issued an Order to Show Cause and Provide 

Requested Information in the above captioned case. The order required, inter alia, the 

Respondent to provide information requested in the Order Directing the Parties to Meet and 

Confer Regarding Litigation and Scheduling Issues by June 1, 2016. 

On June 1, 2016, the Respondent filed a request for additional time, explaining that they had 

never received the Order to Show Cause and Provide Requested Information. 1 

Pursuant to 14 C.F.R. § 13.205(a)(8), IT IS HEREBY ORDERED that, no later than June 

14, 2016, the Respondent shall file a report including all of the information requested in the 

Order Directing the Parties to Meet and Confer Regarding Litigation and Scheduling Issues. 

Attachments: 

1. Service List 

~~ _/'P--------

'DOUGLAS M. RAW ALD 

Administrative Law Judge 

2. Order to Show Cause and Provide Requested Information 

. '' 

1 Respondent only became aware of the or,der .upo~~r~ceipt of the Complainant's Response to the Show Cause Order. 
Docket No. FAA-2015-1321 

(Civil Penalty Action) 

SERVICE LIST - BY U.S. MAIL 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 0002 

ONE COPY 

Jerry W. Cox, Respondent's Counsel 

Counsel for Thermo Fisher Scientific, Inc. 

and Fisher Scientific Co., LLC 

· 2050 Jamieson Ave., Suite 1212 

Alexandria, VA 22314 

TEL: 703-757-5866 

Email: jcox@potomacstrategyassociates.com 

. Andrea Michelle Harper, Complainant's Counsel 

Senior Attorney, Office of the Regional Counsel . 

Enforcement Division, Southern Team 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable Douglas M. Rawald, 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: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

2 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 2Wl000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. 
In The Matter Of: 

SERVED: May 17, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON,. DC 

Docket No. FAA-2015-1321 

Fisher Scientific Company, LLC 

) 

) 

) 

) 

) 

Case No. 201180700457 

Respondent 

ORDER TO SHOW CAUSE AND PROVIDE REQUESTED INFORMATION 

On April 6, 2016, the undersigned judge issued an Order Directing the Parties to Meet and 

Confer Regarding Litigation and Scheduling Issues in the above c~ptioned case. The order 

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

that order.· 

On April 30, 2016, the Respondent filed a unilateral report, stating that his attemp~s to meet 

and confer with the Complainant had failed. 1 

The Complainant failed to submit a report or request for additional time before the deadline. 2 

In accordance with 14 C.F.R. § 13.205(a}(6), an administrative law judge is empowered to 

regulate the course of a hearing. As previously noted by the FAA Administrator: 

[t]he Administrator expects that the parties will comply with orders issued by an ALJ during the 

hearing stage of a proceeding. Ignoring an ALJ's orders cannot be countenanced i.n an orderly 

system of ~djudication. 3 

The parties are therefore reminded that failure to follow the undersigned administrative law 

judge's orders without good cause may result in sanctions.4 Moreover, continued failure to 

1 Respondent failed, however, to provide all the information requested in the April 6, 2016 Meet and Confer Order. 

2 Counsel for the Complainant filed a notice of appearance on May 10, 2016, but failed to include the information 

required by the undersigned judge's April 6, 2016 Meet and Confer Order or offer a response to Respondent's 

assertions within his April 30, 2016 report. Notably, the counsel making her appearance was the same person 

Respondent's counsel had corresponded with regarding this matter as early as April 20, 2016. This counsel was 

therefore assigned to this matter well before the deadline for filing a response to the April 6, 20.16 Meet and Confer 

Order. 

3 American Airlines, Inc., FAA Order No. 2002-15, at 9 (May 20, 2002). 

4 See id (''Parties who disregard the ALJ's orders do so at their own peril because the Administrator on appeaJ will 

uphold any reasonable sanctions permitted by the Rules of Practice that the ALJ imposes against a party for that 

behavior."). 
participate in the proceedings as directed by the undersigned judge may be deemed a 

constructive withdrawal of the request for hearing or complaint by the party demonstrating such 

a lack of interest in participating in these proceedings. 5 

Pursuant to 14 C.F.R. § 13.205(a)(l), (6), and (7), it is hereby ORDERED: 

1. No later than June 1, 2016, the Respondent shall file a report including all of the 

information requested in the Order Directing the Parties to Meet and Confer Regarding 

Litigation and Scheduling Issues. 

2. No later than June 1, 2016, the Complainant shall file a statement explaining the cause of 

their failure to comply with the Order Directing the Parties to Meet and Confer Regarding 

Litigation and Scheduling Issues. 

3. The Complainant shall include in their statement the infonnation requested in the Order 

Directing the Parties to Meet and Confer Regarding Litigation and Scheduling Issues. 

4. If the Complainant fails to file this statement by the above deadline, the undersigned 

Judge may issue a subsequent order finding the Complainant has constructively 

withdrawn from these proceedings and, pursuant io 14 C.F .R. § 13 .21. 5, dismiss the case 

with prejudice. 

Attachment: Service List 

ge== 

DOUGLAS M. RA WALD 

Administrative Law Judge 

s See, e.g., JAL Power Supply, Docket No. CPOIS00015 (FAA ~u~. 7, 2001) (ALJ construed Respondent's silenc_e 

as a constructive withdrawal of request for a hearing), appeal d1sm1Ssed, ~AA Order No. 2002-l ~ (Apr. 17, 2002), 

Blankson, Docket No. CP97EA0024 (FAA Sep. 1 l, t 997) (AU found failure to respond to previous orders . 

constituted constructive withdrawal), a.ff d, FAA Order No. 98-21 <c;>~t. 9, 1998). See als~ Jnsu~ad Balloon Serwces, 

FAA Order No. 1998-23, at 3 (Nov. 24, 1998) (affirming ALJ's dec1s1on to find constructive withdrawal when a 

arty failed to appear at the hearing without good cause); Apollo A & H~ Company, FAA ~rder ~o. 2011-4, at 4 f Jan. I 4, 2011) ("Apollo's ~ilure to app~ar at the hearing and I?, pursue its request for heanng without good cause 

constituted a constructive withdrawal of 1ts request for hearing. ). 
Docket No. FAA-2015-1321 

(Civil Penalty Action) 

SERVICE LIST - BY U.S. MAIL 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur WrightBuilding-Suite 2Wl0006 

ONE COPY 

Jerry W. Cox, Respondent's Counsel 

Counsel for Thermo Fisher Scientific, Inc. 

and Fisher Scientific Co., .LLC 

2050 Jamieson Ave., Suite 1212 

Alexandria, VA 22314 

TEL: 703-757-5866 

Email: jcox@potomacstrategyassociates.com 

Andrea Michelle Harper, Complainant's Counsel 

Senior Attorney, Office of the Regional Counsel 

Enforcement Division, Southern Team 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

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 StaffAssistant 

FAX: 202-366-7536 

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 2W1 000, Washington, 

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