SERVED: March 27, 2013 

U.S. DEPARTMENT OF TRANSPORTATION .. 

OFFICE OF HEARINGS 

WASIDNGTON, DC ··1 , .. , 2: 3 B 

In The Matter Of: ) 

) 

) 

) 

) 

SCOTTTICE 

Respondent 

Docket No. FAA-2013-0042 

Case No. 2012NE700211 

ORDER SETTING DEADLINE FOR THE RESPONDENT 

TO SHOW CAUSE AND TO FILE AN ANSWER, 

AND GRANTING/DENYING OTHER RELIEF 

On January 29, 2013, the FAA filed a Complaint alleging that on or about September 11, 

2012, the prose Respondent~ Scott Tice, had violated multiple Hazardous Materials Regulations 

when he checked baggage for an airline flight. 

On February 27, 2013, the prose Respondent filed a one-page letter with the Office of 

Hearings, requesting the following: a) the hearing be held in the city of Minneapolis or in 

proximity to his residence in the state of Wisconsin, or b) the hearing be heard by telephone. 

There was no Certificate of Service attached to show proof of service on either the FAA or the 

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 other things, this Order directed 

the parties to appear by telephone 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 a joint 

scheduling/discovery plan by May 9, 2013. 

On March 20, 2013, the FAA filed Complainant's Motion for Order Deeming Allegations 

Admitted and to Limit Hearing to Issue of Civil Penalty ("Motion"). Among other things, 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 in the 

January 29, 2013 Complaint be 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, statutory authority, and being fully advised; 
IT IS HEREBY ORDERED: 

I. On or before April24, 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 of Civil Penalty. In this Response, the Respondent should specifically state 

any facts or reason(s) why he did not file a timely Answer to the Complaint. 

2. On or before April 24, 2013, the pro se Respondent shall file a written Answer to the 

FAA's January 29, 2013 Complaint. This Answer should specifically respond to each 

allegation in the Complaint, and specifically identify each affirmative defense (if any) 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 or fax the 

original and one copy of the written Response and Answer, as well as any future documents, 

to the FAA Hearing Docket, and mail or fax a copy of the Response and Answer to the 

undersigned administrative Judge and the FAA attorney, at the addresses appearing on the 

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 of a Service List is attached to this Order, and the names/addresses/fax 

numbers of the administrative Judge and all parties are included. 

5. If the Respondent fails to file, on or before April14, 2013, a written Response to the 

FAA's March 20, 2013 Motion, and fails to file a written Answer to the FAA's January 29, 

2013 Complaint, the Respondent may be deemed to be in default. Pursuant to 14 C.P.R. 

§13.209(f) and Fed. R. Civ. P. 55, if the Respondent is deemed to be in default, the 

allegations in the FAA's January 29, 2013 Complaint niay be deemed admitted, and the 

FAA's March 20,2013 Motion may be granted, in all or in part, without further notice to the 

parties, and without further conference or hearing. 

6. The FAA's March 20,2013 Motion for Order Deeming Allegations Admitted and to Limit 

Hearing to Issue of Civil 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 2W1 0001 

Mr. R. Bennett Sargent, Esq. 

Complainant's Counsel 

Office of the Regional Counsel, ANE-7 

New England Region 

Federal Aviation Administration 

12 New England 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 Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-2132 

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 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.