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 undersignedjudge 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. OnJune 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 ofthe information requested in the Order Directing the Parties to Meet and Confer Regarding Litigation and Scheduling Issues.

Attachments: 1. Service List

## ~~ 

## _/'P-------- 'DOUGLAS M. RAWALD Administrative Law Judge

2. Order to Show Cause and Provide Requested Information



### . '' 1 Respondent only became aware ofthe or,der**.upo~~r~ceipt** ofthe Complainant's Response to the Show Cause Order.DocketNo. 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 2Wl0002ONE 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 ofthe 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant 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

DocketNo. FAA-2015-1321 Fisher 

### Scientific Company, 

### LLC ) ) ) ) ) 

### Case No. 201180700457 Respondent
ORDER TO SHOWCAUSE AND 

### PROVIDE REQUESTED INFORMATION On April 6, 2016, the undersignedjudge 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 submitajointreport to the undersignedjudge within 30 days 

### of that 

### order.· On April 30, 2016, the Respondent filed aunilateral report, stating that his**attemp~s** 

### to meet and confer with the Complainant had failed. 1 The Complainant failed to submit a report orrequest 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 ofahearing. As 

### previously noted by the FAA Administrator: [t]he Administrator expects that the parties will comply with orders issuedby an ALJ duringthe hearing stage ofa 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 Complainantfiled a notice ofappearance on May 10, 2016, but failed to include the information required bythe undersignedjudge'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 herappearance 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. 3AmericanAirlines, Inc., FAA OrderNo. 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 upholdany reasonable sanctions permitted by the Rules ofPractice thatthe ALJ imposes against a party for that behavior.").

### participate in the proceedings as directed by 

### the undersignedjudge may 

### be deemed a constructive withdrawal ofthe

### request for hearing or complaint by 

### the party

### demonstrating such
a lack ofinterest 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 areport including all ofthe 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. 

### Ifthe 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

sSee, e.g., JAL Power Supply, DocketNo. CPOIS00015 (FAA

### ~u~. 7, 2001)(ALJ construed Respondent's silenc_e as a constructive withdrawal ofrequest for a hearing), appeal d1sm1Ssed,

### ~AA OrderNo. 2002-l

### ~ (Apr. 17, 2002), Blankson, DocketNo. CP97EA0024 (FAA Sep. 1l, t997) (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 OrderNo. 1998-23, at 3 (Nov. 24, 1998) (affirming ALJ's dec1s1on to find constructive withdrawal when a

arty failed to appear atthe hearing without good cause);ApolloA &

### H~ Company, FAA

### ~rder**~o.** 2011-4, at 4 

# f Jan. I4, 2011) ("Apollo's

### ~ilure to

### app~aratthehearing and

## I?, pursue its request for heanng without good cause constituted a constructive withdrawal of1ts request for hearing. ).

### DocketNo. 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 

### 2Wl0006ONE 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 ofthe 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 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, DC20591; Attention: Hearing Docket Clerk, AGC-430.