### 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)

ORDERTO SHOW CAUSE .J ····,



### The Federal Aviation Administration (hereinafter "FAA") served a Complaintdated June 3, 2014. Christine Cloud, (hereinafter "Respondent") filed a Request for Hearing dated May 26, 2014. We served ourProcedural Order on June 13,2014. OnJuly 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 reliefrequested 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 orbefore 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 ofthe fine requested by the Agency in its Complaint. By letter dated August 22, 2014, Respondent averred some ofthe correspondence from the FAA andthe court had not been received. On September 10,2014 we issued an Order treating Respondent's letter ofAugust 22, 2014, as her answer. We issued an Amended Procedural Order on October 7, 2014.On November 21,2014, the FAA filed a "Motionto Deem Requests for Admission Admitted andfor an Order Compelling Responses to Interrogatories and Request for Production" (hereinafter "FAA'sMotion to Compel". In its Motion to Compel the FAA avers: Complainant served Complainant's First Set ofRequests for Admission, Interrogatories, and Requests for Production ofDocuments on Ms. Cloud by certified mail, return receipt requested, on October 8, 2014. On October20, 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 ofthis envelope as received

.

. On October21, 2014, Complainantreserved the above discovery request and coverletter with exhibits on Ms. Cloud by regularmail. This was accompaniedby another cover letter in which she is advised that the 30-day period specified in§ 13.220(1)(1) beganon October 8, 2014. To date the copy ofthe above discovery request served by regular mail on October 21, 2014, has notbeen returnedby the US Postal Service. To date Ms. Cloud has notresponded in any manner to the above discovery requests. In herletterofAugust 22, 2014, Respondent lists her return address on the envelope as "12661 TanadaCir., Apt2, Anchorage, AK 99515". According to the FAA's certification on its Motion to Compel, that is the address used for service ofthe pleadings. The FAA also provided a copy ofa letter sentto that address. Respondenthas 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 respondto the FAA's Motion to Compel. Pursuantto 14 C.P.R. 13.211 (g), "A document that was properly addressed, was sent in accordance with this subpart, and that was returned, thatwas not claimed, orthat was refused, is deemed to have been served in accordance withthis subpart. The service shall be considered valid as ofthe date andthe time that the document was deposited with a contract or express messenger, the document was mailed, or personal delivery ofthe document was refused".
Pursuantto 14 C.F.R. § 13.211(h), "There shall be a presumptionofservice where a party orperson, who customarily receives mail, orreceives it in the ordinary course ofbusiness, at either theirperson's residence or the person's principal place ofbusiness, acknowledges receipt ofthe document". Respondent is obligated to keep the court informedofany change ofaddress. WHEREFORE, it be and is hereby ORDERED as follows: I

. On orbefore March 6, 2015, Respondent shall file a response to this Order stating why the reliefrequested in the FAA's Motion should not be granted; and 2. On orbefore March 6, 2015, Respondent shall fully answer the Complaint; and

23. On orbeforeMarch 6, 2015, Respondent shall fully comply with our Procedural Order; and 4. On orbefore March 6, 2015, Respondent shall fully answer the FAA's discovery requests. 5. Absentfull and complete responses to paragraphs 1, 2 and 3 hereinabove, Respondentmay be sanctioned including, but not limitedto, allegations in the Complaint may be deemed admitted; and/or Respondentmay be precluded from introducing any evidence at the hearing other than his owntestimony; and/or Respondent's Request for Hearing maybe dismissed; and/or a DefaultJudgment 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

3SERVICE 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 WrightBuilding-Suite 2Wl000 1

Christine Cloud, 

### Respondent 12661 Tanada Circle, Apt. 2 Anchorage, AK 99515 Glenn H. Brown, 

### Complainant's Counsel Office ofthe ChiefCounsel, AGC-300 Federal Aviation Administration 222 West 7thAvenue #14 Anchorage, AK 99513-7587 TEL: 202-267-7728 FAX: 202-267-5106 ONE COPY

The Honorable Richard C. Goodwin,

### AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2014-0321 (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-Suite2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
4