SERVED: February 11, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS ,~ 

WASHINGTON, DC 

IN THE MATTER OF 

CHRISTINE CLOUD 

DOCKET NO. FAA 2014-0321 

(Civil Penalty Action) 

ORDER TO SHOW CAUSE 

.J 

····, 

The Federal Aviation Administration (hereinafter "FAA") served a Complaint dated June 

3, 2014. Christine Cloud, (hereinafter "Respondent") filed a Request for Hearing dated May 26, 

2014. We served our Procedural Order on June 13,2014. On July 23,2014, we served an Order 

to Show Cause stating: 

1. On or before September 1, 2014, Respondent shall file a response 

to this Order stating why the relief requested in the Agency's Motion should not 

be granted; and 

2. On or before September 1, 2014, Respondent shall answer the 

Complaint; and 

3. On or before September 1, 2014, Respondent shall fully comply 

with our Procedural Order; and 

4. Absent full and complete responses to paragraphs 1, 2 and 3 

hereinabove, Respondent may be sanctioned including, but not limited to, 

allegations in the Complaint may be deemed admitted; and/or Respondent may be 

precluded from, introducing any evidence at the 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 of the 

fine requested by the Agency in its Complaint. 

By letter dated August 22, 2014, Respondent averred some of the correspondence from 

the FAA and the court had not been received. On September 10,2014 we issued an Order 

treating Respondent's letter of August 22, 2014, as her answer. 

We issued an Amended Procedural Order on October 7, 2014. 
On November 21,2014, the FAA filed a "Motion to Deem Requests for Admission 

Admitted and for an Order Compelling Responses to Interrogatories and Request for Production" 

(hereinafter "FAA's Motion to Compel". In its Motion to Compel the FAA avers: 

Complainant served Complainant's First Set of Requests for Admission, 

Interrogatories, and Requests for Production of Documents on Ms. Cloud by 

certified mail, return receipt requested, on October 8, 2014. 

On October 20, 2014, the US Postal Service returned the envelope 

containing the above discovery requests with notations indicating it had not been 

claimed. Exhibit B is a copy of this envelope as received . 

. On October 21, 2014, Complainant reserved the above discovery request 

and cover letter with exhibits on Ms. Cloud by regular mail. This was 

accompanied by another cover letter in which she is advised that the 30-day 

period specified in§ 13.220(1 )(1) began on October 8, 2014. 

To date the copy of the above discovery request served by regular mail on 

October 21, 2014, has not been returned by the US Postal Service. 

To date Ms. Cloud has not responded in any manner to the above 

discovery requests. 

In her letter of August 22, 2014, Respondent lists her return address on the envelope as 

"12661 Tanada Cir., Apt 2, Anchorage, AK 99515". According to the FAA's certification on its 

Motion to Compel, that is the address used for service of the pleadings. The FAA also provided 

a copy of a letter sent to that address. 

Respondent has failed to fully answer the Complaint, failed to file a response to our 

Procedural Order, failed to respond to our Amended Procedural Order, failed to respond to the 

FAA's discovery requests and failed to respond to the FAA's Motion to Compel. 

Pursuant to 14 C.P.R. 13.211 (g), "A document that was properly addressed, was sent in 

accordance with this subpart, and that was returned, that was not claimed, or that was refused, is 

deemed to have been served in accordance with this subpart. The service shall be considered 

valid as of the date and the time that the document was deposited with a contract or express 

messenger, the document was mailed, or personal delivery of the document was refused". 

Pursuant to 14 C.F .R. § 13.211 (h), "There shall be a presumption of service where a party 

or person, who customarily receives mail, or receives it in the ordinary course of business, at 

either their person's residence or the person's principal place ofbusiness, acknowledges receipt 

of the document". 

Respondent is obligated to keep the court informed of any change of address. 

WHEREFORE, it be and is hereby ORDERED as follows: 

I . On or before March 6, 20 15, Respondent shall file a response to this Order stating 

why the relief requested in the FAA's Motion should not be granted; and 

2. On or before March 6, 2015, Respondent shall fully answer the Complaint; and 

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3. On or before March 6, 2015, Respondent shall fully comply with our Procedural 

Order; and 

4. On or before March 6, 2015, Respondent shall fully answer the FAA's discovery 

requests. 

5. Absent full and complete responses to paragraphs 1, 2 and 3 hereinabove, 

Respondent may be sanctioned including, but not limited to, allegations in the Complaint may be 

deemed admitted; and/or Respondent may be precluded from introducing any evidence at the 

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 of 

the fine requested by the Agency in its Complaint. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 

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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 2Wl000 1 

Christine Cloud, Respondent 

12661 Tanada Circle, Apt. 2 

Anchorage, AK 99515 

Glenn H. Brown, Complainant's Counsel 

Office of the Chief Counsel, AGC-300 

Federal Aviation Administration 

222 West 7thA venue # 14 

Anchorage, AK 99513-7587 

TEL: 202-267-7728 

FAX: 202-267-5106 

ONE COPY 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department ofTransportation 

1200 New Jersey Avenue, S.E. (E11-31 0) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

Docket No. FAA-20 14-0321 

(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 2WIOOO, Washington, 

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

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