SERVED: September 8, 2014 

U.S.' DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In The Matter Of: ) 

MARY E. BOCHIARDY 

Respondent 

) 

) 

) 

) 

Docket No. FAA-2013-0853 

Case No. 2011EA170066 

ORDER SETTING DEADLINE FOR THE RESPONDENT 

TO SUBMIT SIGNATURE FOR SUPPLEMENTAL FILING 

On June 11, 2014, the Order Finding The Request for Hearing Untimely, Reserving the 

FAA's Motion To Dismiss and Setting Deadline for Filing Supplemental Material was filed. 

On June 24, 2014, the prose Respondent filed Supplemental Materials ("Respondent 

Supplement"). 1 

On July 8, 2014, the FAA filed the Agency's Supplemental Reply to Respondent's 

Supplemental Material Filing By Request ofthe U.S. Department ofTransportation ("FAA· 

Supplement"). 

I. Brief Discussion 

The 6/24/14 Respondent Supplement included three different pages (i.e., pages 1, 2, and 

10) that identified Ms. Bocchiardy's name, contact information, and provided a blank signature 

line. However, the Respondent Supplement was filed without Ms. Bocchiardy's signature on 

any ofthe three pages (copy of the three pages attached). 

In its Reply, the FAA asserted that the prose Respondent's supplemental material should 

not be considered, and asserted that Fed. R. Civ. Proc. 11 should be utilized as guidance (FAA 

Supp, 3-4.) Rule 11(a) allows Ms. Bocchiardy, whois representing herself, to make statements 

1 The Respondent Supplement was properly filed with both this court and the FAA Hearing Docket on June 24, 

2014. However, this court has directed that the Respondent Supplement be withheld from publication on the 

internet, because ofthe sensitive nature of some of the information contained within it. 
in a motion, submitted with her signature, without filing such statements in affidavit form? See, 

Steven Baicker-McKee, et.al, Federal Civil Rules Handbook, West Publishing (2012)(Rule 11(a) 

- Verification and Affidavits )("The signature of a party ... is the substitute for prior verification 

practices.") In addition, Rule 11(b) pr~vides that a party who files a motion is certifying that 

material contained in that filing is accurate and supported by evidence, to "the best of that 

person's knowledge, information, and belief," formed after reasonable inquiry. Fed. R. Civ. 

Proc. 11(b). 

However, for reasons unknown, Ms. Bocchiardy did not sign the signature lines that she 

provided for herself on pages 1, 2, and 10 in her June 24, 2014 Respondent Supplement 

materials. A review of the entire file in this case demonstrates that in all her other submissions, 

Ms. Bocchiardy has previously signed the signature lines. See, e.g., 2/20/14 Attention: Hearing 

Docket Clerk, pages 1 & 2; 2/20/14 Response to Agency's Motion to Dismiss Late-Filled 

Appeal, page 3; 3/4/14 Attention: Hearing Docket Clerk, pages 1 & 2; 3/4/14 Motion to Dismiss 

Agency's Motion [etc.], page 5, etc. 

On September 4, 2014 the Office of Hearings ("OH") attorney staff contacted the FAA 

Hearing Docket Clerk ("Clerk") by email communication, and asked if the Clerk's copy of the 

6/24/14 Respondent Supplement had been signed. That same day, on September 4, 2014, the 

Clerk responded and advised the OH attorney staff that its filed copies had not been signed. 

Given Ms. Bocchiardy's prior compliance with submitting signed documentation, it 

appears the lack ofher signature on pages 1, 2, and 10 in her June 24, 2014 Respondent 

Supplement materials may be an oversight. She should be allowed a chance to perfect her record 

before any rulings on the material or the Motion are made. 

II. Conclusion 

Based on the foregoing, and pursuant to 14 C.F.R. §§ 13.205(a)(8), 13.218(t)(2)(i), 

13.209, and after reviewing all relevant caselaw, regulations, statutory authority, and being fully 

advised; 

2 Fed. R. Civ. Proc. ll(a) provides in part: a pleading submitted with an attorney's or party's signature "need not be 

verified or accompanied by an affidavit" unless "a rule or statute specifically states otherwise.'~ 

· Page 2 of2 
IT IS HEREBY ORDERED: 

1) On or before September 26,2014, the Respondent, Ms. Bocchiardy, shall review her 

6/24/14 Respondent Supplement, and then file a signed copy of pages 1, 2, and 10 of the 

June 24, 2014 material. 

2) For clarifications of this order or questions with regard to the procedures to be followed 

in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of 

Hearings (202-366-6941). 

Attachment: Service List, and 

6/24/14 R. Supp, pages 1, 2, and 10 

Page 2 of2 
TO: Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 20591 

Attention: _ Hearing Docket Clerk, AGC~430 

Wilbur Wright Building- Suite 2Wl 000(1) 

RECEIVED 

JUN 2 4 2014 

HEARING DOCKET 

ATTENTION: HEARING DOCKET CLERK 

Re: In the Matter of Mary E. Bochiardy 

Docket No. 20 11EA170066 

Enclosed herein please find a copy of my response for Supplemental Material together with 

Certificate of Service. 

Sincerely, 

Mary E. Bochiai'dy -

Representing Self 

1450 Sunset Point Road 

Clearwater, FL 33755 

TEL: 386-214-0414 

Page 1 oflO 
· Certificate of Service 

I hereby certify that on this 20th day of June, 2014 copies of the foregoing Request for 

Supplemental Materials has been served up(>n the following via USPS 2 day mail service: 

nated: June 20, 2014 

I 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl000(1) 

Judith L. Vaughan 

Office of the Regional Counsel, Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3255 

FAX: 718-995-5699 

Hon. J.E. Sullivan 

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 

Mary E. Bocbiardy 

Representing Self 

1450 Sunset Point Road 

Clearwater, FL 33755 

TEL: 386-214-0414 

marybochiardy@comcast.net 

Page 2 oflO 
Multiple subsequent phone call discussions established and agreed to a specific 

strategy to protect my position to appeal and then not implemented as required 

until it's too late to recover with any counter measures is FAR past "insufficient". 

· . C: I knew about the 15 day response because Atty Reigel told me as such but he did 

not tell me the exact target date we needed to address. In fact, he told me the 

clock started 15 days after 'I' received the certified letter. I did not assume, or 

take any type of 'leadership role' mandating any process. I took this direction 

from Arty Reigel. See above response to VI~B*. 

The FAA asserts many many incorrect assumptions of my behavior. I have a job 

that demands 70·1 00 hours per week, multiple health 'issues to address and care 

for or potentially die if not cared for. I am still reeling from emotional loss. It is 

not even feasible to accept that I was willfully ignorant or passive. It was my 

belief that counsel retained would be able to provide expertise to guide me 

through this process. I feel the evidence provided demonstrates this fell short of 

my expectations, contributing to an unintended delay in responding to some of the 

issues. 

VII. Conclusion: 

1 na 

2na 

3na 

4na 

5 see supplemental in this document above 

6na 

Na 

WHEREAS, For all the above reasons and for the reaso11s previously set forth in the response to 

the Agency's Motion to Dismiss Late-filed appeal, I respectfully request to move to dismiss the 

Agency's Motion to Dismiss Late-Filed Appeal. 

WHEREFORE, for all the above reasons, I again respectfully submit my request for extension to 

appeal be granted so I may rightfully have my day in comt. 

Sincerely, 

Mary E. Bochiardy 

1450 Sunset Point Road 

Clearwater, FL 3 3 7 55 

TEL: 386-214-0414 

Page 10 of 10 
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 0003 

Ms. Judith L. Vaughan 

Complainant's Counsel 

ONE COPY 

Office of the Regional Counsel, Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3255 

FAX: 718-995-5699 

Ms. Mary E. Bochiardy 

Respondent 

1450 Sunset Point Road 

Clearwater, FL 33755-1536 

TEL: 386-214-0414 

FAX: NOT PROVIDED 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office ofHearirigs, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

FDMS No. FAA-2013-0853 

(Civil Penalty Action) 

3 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.