## SERVED: March 27, 2013
U.S. DEPARTMENT OF TRANSPORTATION

.. OFFICE OF HEARINGS WASIDNGTON, DC ··1 ,.., 2: 3B

InThe Matter Of: ) ) ) ) ) SCOTTTICE Respondent Docket No. FAA-2013-0042 Case No. 2012NE700211



### ORDERSETTING DEADLINE FORTHE RESPONDENT TO SHOW CAUSE AND TO FILE AN ANSWER,

AND GRANTING/DENYING OTHERRELIEF

On January 29, 2013, the FAA filed a Complaint alleging that on orabout September 11, 2012, the

### prose**Respondent~** Scott Tice, had violated multiple Hazardous Materials Regulations when he checked baggage for an airline flight.
OnFebruary 27, 2013, the

### prose Respondent filed a one-page letter withthe Office of Hearings, requesting the following: a) the hearing be held in the city ofMinneapolis orin proximity to his residence in the state ofWisconsin, or b) the hearing be heard bytelephone. There was no Certificate ofService attached to showproofofservice on eitherthe FAA orthe FAA Hearing Docket.
On March 11, 2013, an Order Setting Rule 16 Litigation Scheduling Conference, and Directing Rule 26(f) Planning and Submission was filed. Among otherthings, this Order directed the parties to appear bytelephone on May 16, 2013, at 11 :00 a.m. Eastern Time for a Rule 16 Litigation Scheduling Conference. The parties were also directed to prepare and file ajoint scheduling/discovery plan by May 9, 2013. OnMarch 20, 2013, the FAA filed Complainant's Motion for Order Deeming Allegations Admitted andto Limit Hearing to Issue ofCivil Penalty ("Motion"). Among otherthings, the FAA alleged that the Respondent had been properly served with the Complaint, but that the Respondent had failed to file an Answer. The FAA requested that the allegations contained 

### inthe January 29, 2013 Complaintbe deemed admitted, and that the hearing be limited to the issue of civil penalty.
Pursuant to 14 C.P.R. §13.205(a), 14 C.P.R. §13.209, 14 C.P.R. §13.218, and Fed. R. Civ. P. 8, and after reviewing all pleadings and documents, as well as all relevant caselaw, decisions, regulation, statutoryauthority, and being fully advised;

### ITIS HEREBY ORDERED:
I. On or beforeApril24, 2013, the

### prose Respondent shall file a written Response to the FAA's March 20,2013 Motion for Order Deeming Allegations Admitted and to Limit Hearing to Issue ofCivil Penalty. In this Response, the Respondent should specifically state any facts orreason(s) why he did not file a timely Answerto the Complaint. 2. On orbefore April 24, 2013, the

### pro se Respondent shall file a written Answerto the FAA's January 29, 2013 Complaint. This Answer should specificallyrespond to each allegation in the Complaint, and specifically identify each affirmative defense (ifany) the Respondent intends to assert at the hearing.
3. Pursuant to 14 C.F.R. §§ 13.209(b), 13.210, and 13.211, the Respondent shall mail orfax the original and one copy ofthe written Response and Answer, as well as any future documents, to the FAA Hearing Docket, and mail orfax a copy ofthe Response and Answerto the undersigned administrative Judge and the FAA attorney, at theaddresses appearing onthe attached Service List. 4. Pursuant to 14 C.F.R. §13.2ll(c), the Respondent shall include a Service List with his Response and**Answer~** as well as with any future documents that the Respondent files in this litigation. An example ofa Service List is attached to this Order, and the names/addresses/fax numbers ofthe administrative Judge and all parties are included.
5. Ifthe Respondent fails to file, on orbeforeApril14, 2013, a written Response to the FAA'sMarch 20, 2013 Motion, and fails to file a writtenAnswerto the FAA's January 29, 2013 Complaint, the Respondent may be deemed to bein default. Pursuant to 14 C.P.R. §13.209(f) and Fed. R. Civ. P. 55, ifthe Respondent is deemed to be in default, the allegations in the FAA's January 29, 2013 Complaint niay be deemed admitted, and the FAA'sMarch 20,2013 Motion may be granted, in all or in part, without further notice to the parties, and without further conference orhearing.
6. The FAA's March 20,2013 Motion for Order Deeming Allegations Admitted and to Limit Hearing to Issue ofCivil Penalty is reserved until after April24, 2013.

Attachment: Service List

Page 2 of2

### 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 2W1000 1

Mr. R. Bennett Sargent, Esq. 

### Complainant's Counsel Office ofthe Regional Counsel, ANE-7 NewEngland Region Federal Aviation Administration 12 NewEngland Exe.cutive Park Burlington, MA 01821 TEL: 781-238-7058 FAX: 781-238-7055
Mr. Scott Tice 

### Pro se Respondent 21125 Timberland Road Barronett, WI 54813-9540
Judge J.E. Sullivan 

### U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 

### ONE COPY FDMS No. FAA-2013-0042 (Civil Penalty Action)

1 Service was by U.S. Mail. For service.in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., WilburWright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.