## 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 FORTHE 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. BriefDiscussion 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 ofthethree pages (copy ofthe 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

1The 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 ofsome ofthe 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 ofa 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 ofthat 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 herselfonpages 1, 2, and 10 in her June 24, 2014 Respondent Supplement materials. A review ofthe 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 Motionto Dismiss Agency's Motion [etc.], page 5, etc. On September 4, 2014 the Office ofHearings ("OH") attorney staffcontacted the FAA Hearing Docket Clerk ("Clerk") by email communication, and asked ifthe Clerk's copy ofthe 6/24/14 Respondent Supplement had been signed. That same day, on September 4, 2014, the Clerk responded and advised the OH attorney staffthat 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 onthe material orthe Motion are made. II. Conclusion Based onthe 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 "arule or statute specifically states**otherwise.'~**

· Page 2 of2IT IS HEREBY ORDERED: 1) On orbefore September 26,2014, the Respondent, Ms. Bocchiardy, shall review her 6/24/14 Respondent Supplement, and then file a signed copy ofpages 1, 2, and 10 ofthe June 24, 2014 material. 2) For clarifications ofthis 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 of2TO: Federal AviationAdministration 800 IndependenceAvenue, SW Washington, DC 20591 Attention:

_Hearing Docket Clerk,**AGC~430** Wilbur WrightBuilding- Suite 2Wl000(1) 

# RECEIVED JUN 24 2014 

## HEARING DOCKET

ATTENTION: HEARING

### DOCKET CLERK Re: Inthe Matter ofMary E. Bochiardy DocketNo. 2011EA170066
Enclosedhereinplease find a copy of

### my response for Supplemental Materialtogetherwith Certificate ofService. Sincerely,

MaryE. Bochiai'dy

- Representing Self 1450 Sunset PointRoad Clearwater, FL 33755 TEL: 386-214-0414

Page 1oflO·Certificate ofService I hereby certify that on this 20th day ofJune, 2014 copies ofthe foregoing Request for SupplementalMaterials has been servedup(>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 ofthe Regional Counsel, Eastern Region Federal Aviation Administration 1AviationPlaza Jamaica, 

### NY 11434 TEL: 718-553-3255 FAX: 718-995-5699 

### Hon. J.E. Sullivan Office ofHearings, M-20 

### U.S. Department ofTransportation 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 SunsetPoint Road Clearwater, FL 33755 TEL: 386-214-0414 marybochiardy@comcast.net

Page 2 oflOMultiple subsequentphone call discussions established andagreed to a specific strategy to protect my position to appeal and then not implemented asrequired until it's too late to recover with any countermeasures is FARpast "insufficient".

· . C: I knew about the 15 day response because Atty Reigel told me as suchbuthe did nottell me the exacttarget date we needed to address. In fact, hetoldme 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 ofmybehavior. I have ajob thatdemands 70·100 

### hours per week, multiple health 'issues to address and care for orpotentially die ifnot cared for. I am still reeling from emotional loss. Itis not even feasible to accept that Iwas willfully ignorant orpassive. It was my beliefthat counsel retained wouldbe able to provide expertise to guide me throughthis process. I feel the evidence provided demonstrates this fell short of my expectations, contributing to an unintended delay inresponding to some ofthe issues. VII. Conclusion: 1 na 2na 3na 4na 5 see supplementalinthis document above 6na Na WHEREAS, For all the abovereasons and for the reaso11s previously set forth inthe response to the Agency's Motionto Dismiss Late-filed appeal, Irespectfully request to move to dismiss the Agency'sMotionto Dismiss Late-Filed Appeal. WHEREFORE, for all the above reasons, I again respectfully submit myrequest for extensionto appeal be granted so I may rightfullyhave my day incomt. Sincerely,
Mary E. Bochiardy 1450 Sunset Point Road Clearwater, FL 33 755 TEL: 386-214-0414

Page 10 of 10SERVICE 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 2W10003



### Ms. Judith L. 

### Vaughan Complainant's Counsel ONE COPY



### Office ofthe Regional Counsel, Eastern Region Federal Aviation Administration 1Aviation 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 LawJudge 

### Office ofHearirigs, M-20 U.S. Department ofTransportation 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 orby 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.