## * 

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# RECEIVED U.S. DEPARTMENT OF TRANSPORTATION 

## MAR 2

## 72015 HEARING DOCKET 

## * OFFICE OF HEARINGS WASIDNGTON,DC 

## * Inthe Matter of: 

## * * * *

* KENNETH SANTO DOMINGO 

## * DocketNo: FAA2014-0407 EIR

### # 2013SW050046 

## * * Hon. Richard C. Goodwin 

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COMPLAINANT'S MOTION FORDECISION

On October2, 2014, the undersigned Counsel for the Federal Aviation Administration (FAA), pursuant to the provisions of 14 C.P.R. sections 13.209(f) and 13.218(f)(5) filed and served; 1) a Motion to DeemAllegations Admitted and 2) Motion for Decision in this case, pursuant to the Rules ofPractice in FAA Civil Penalty Actions. OnFebruary 11, 2015, His HonorJudge Goodv.1n served an Orderto Show Cause inthis matter ordering inpertinentpartthat: 1) On orbefore March 6, 2015, Respondent file a response to the Show Cause Order stating wl)y .the

**relie~**request,inthe Agency'.s Motion should not be granted; 2) On or before March 6, 2015, Respondent answer the Complaint;

. 3) On or before March 6, 2015, Respondentfully comply with His Honor's Procedural Orders; and2 4) Warning Respondent that absent full and completeresponses to paragraphs 1, 2, and 3 inHis Honor's Order, Respondent maybe sanctioned including, but not limited to, allegations in the Compliant may be deemed admitted; and orRespondent may be precluded from introducing any evidence atthe hearing other than his own testimony; and/or Respondent's Request for Hearing may be dismissed; and/or a Default Judgment may be entered against Respondent in the full amount ofthe fine request by the Agency in its Complaint. 1

As ofthe date ofthis filing: 1) Respondent has failed to file a response to the Show Cause order stating why the relief request inthe Agency's Motion should not be granted; 2) Respondent has not answeredthe Complaint; and 3) Respondent has not complied with His Honor's Procedural Order.

The Agency respectfully requests that Respondent be sanctioned as follows: 1. All allegations in the Compliantbe deemed admitted; 2. That Respondent's Request for Hearing be dismissed; and 3. An Order Assessing Civil Penalty be issued against Respondent in the full amount of the fme requested by the Agency in his Complaint.

1In the Matter of Jimmy Lee Harkins, FAA OrderNo. 94-22, Docket No. CP93AL0214, served: June 22, 1994. Complainant's Motion for Decision Kenneth Santodomingo DocketNo: FAA 2014-04073 WHEREFORE, the FAArespectfully requests thatthe Administrative Law Judge grant this motionfinding that all ofthe allegations in the Complaint inthis case are admitted as true for Respondent's failure to file an Answer, dismiss Respondent's request for hearing, and issue a Decision consistent with those findings.

Dated: March / 

## CfH: 2015 Respectfully submitted, 

# // /} //7 ERICfE. ANDERJIC?N j Rfgional

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### S~uthwest/R,~gion 1 / .i--------·---. 

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# ~;~~~ Agency Attome)>
.. __ PHONE: 817/222-5083 FAX: 817/222-5945 or 5092 

### email: gregory.s.lander@(aa.gov

Complainant's Motion for Decision Kenneth Santodomingo Docket No: FAA 2014-0407CERTIFICATE OF SERVICE
I hereby certify that on this date the original and a copy ofComplainant's Motion for Decisionwere sentby CERTIFIED MAIL-RETURN RECEIPT REQUESTED, to: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430, Wilbur Wright Building- Suite 2W1000

I hereby certify that a copy ofComplainant's Motion for Decision was sent this date by CERTIFIED MAIL-RETURN RECEIPT REQUESTED, and FAXto: The Honorable Richard C. Goodwin U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, D.C. 20590 FAX: 202-366-7536 4

Ihereby certify that a copy ofthis Complainant's Motion for Decisionwas sentthis date by CERTIFIED MAIL-RETURN RECEIPT REQUESTED, to: Mr. Kenneth Santodomingo Reg. No. 45762-177 Seagoville Federal Correctional Inst. P.O. Box 9000 Seagoville, TX 75159



# Sy~t!.k Paralegal Safety Enforcement Branch Federal Aviation Administration



## Dated:~~~ jt?/.)

Complainant's Motion for Decision Kenneth Santodomingo Docket No: FAA 2014-0407