In The Matter Of: 

SERVED: May 17, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. F AA-20 15-0639 

Kenneth Ray Rwnberger 

) 

) 

) 

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Case No. 2015WP270015 

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 captioned case. The order 

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

that order. Neither the Complainant nor the Respondent submitted a report or request for 

additional time before that deadline. 

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 ALl's orders cannot be countenanced in an orderly 

system of adjudication.' 

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

judge's orders without good cause may result in sanctions.2 Moreover, continued failure to 

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. 3 

1 American Airlines, Inc., FAA Order No. 2002-15, at 9 (May 20, 2002). 2 See id. ("Parties who disregard the ALl's orders do so at their own peril because the Administrator on appeal will 

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

behavior."). 

3 See, e.g., IAL Power Supply, Docket No. CPO I SOOO 15 (FAA Aug. 7, 2001 )(ALl construed Respondent's silence 

as a constructive withdrawal of request for a hearing), appeal dismissed, FAA Order No. 2002-10 (Apr. 17, 2002); 

Blankson, Docket No. CP97EA0024 (FAA Sep. II, 1997) (ALl found failure to respond to previous orders 

constituted constructive withdrawal), a.ff'd, FAA Order No. 98-21 (Oct. 9, 1998). See also Instead Balloon Services, 

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

party failed to appear at the hearing without good cause); Apollo A & HS Company, FAA Order No. 2011-4, at 4 
Pursuant to 14 C.F.R. § 13.205(a)(l), (6), and (7), it is hereby ORDERED: 

I. No later than June 1, 2016, each party 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. 

2. Each party shall include in their statement the information requested in the Order 

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

3. If a party fails to file this statement by the above deadline, the undersigned judge may 

issue a subsequent order finding the non-responsive party has constructively withdrawn 

from these proceedings and, pursuant to 14 C.F.R. § 13.215, dismiss the case with 

prejudice. 

Attachment: Service List 

-j2L 

...--j)oUGLAS M. RAW ALD 

Administrative Law Judge 

(Jan. 14, 2011) ("Apollo's failure to appear at the hearing and to pursue its request for hearing without good cause 

constituted a constructive withdrawal of its request for hearing."). 
Docket No. F AA-2015-0639 

(Civil Penalty Action) 

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 2Wl 00014 

Kenneth Ray Rumberger, Respondent 

2451 Church Lane, SPC 38 

San Pablo, CA 94806-5945 

Lierre Green, Complainant's Counsel 

Office of the Regional Counsel, A WP-7 .6 

Western-Pacific Region 

Federal Aviation Administration 

P. 0. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-7117 

FAX: 310-725-6816 

ONE COPY 

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 

4 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 2WIOOO, Washington, 

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