U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS 

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WASHINGTON, DC

IN THE MATTER OF CHRISTINE CLOUD DOCKET NO. FAA 2014-0321 (Civil Penalty Action)



### ORDER ENTERING DEFAULT JUDGMENT AGAINST RESPONDENT 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 our Procedural Orderon June 13,2014. On July 23.2014. we served an Order to ShowCause stating: 1. On orbefore 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 orbefore Septem.ber l, 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 otherthan his own testimony; and/or Respondent's Request for Hearing may be dismissed; and/or a DefaultJudgment may be entered against Respondent in the full amount ofthe fine requested by the Agency in its Complaint. By letter dated August22, 2014 Respondent averred some ofthe correspondence from the FAA and the court had not been received. On September I0. 2014 we issued an Order treating Respondent's letter ofAugust 22.·2014 as her answer. We issued an Amended Procedural Orderon October

## 7, 2014. OnNovember21,2014, the FAA filed a "Motion to Deem Requests tor Admission Admitted and for an OrderCompelling Responses to Interrogatories and Request for Production" (hereinafter "FAA's Motion to Compel"). In its Motion to Compel the FAA averred:

### 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 October 21, 2014, Complainantreserved the above discovery request and cover letter with exhibits on Ms. Cloud by regular mail. This was accompanied by anothercover 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 ofthe above discovery request served by regular mail on October21; 2014, has not been returned by the US Postal Service. To date Ms. Cloud has not responded in any mannerto the above discovery requests. In her letterofAugust 22, 2014, Respondent listed her return address on the envelope as "12661 TanadaCir., Apt 2, Anchorage, AK 99515". According to the FAA·scertification on its Motion to Compel,that was the address used for service ofthe pleadings. The FAA also provided a copy ofa letter sent to that address. Respondent has failed to fully answerthe Complaint, failed to file a response to our Procedural Order, failed to respond to ourAmended Procedural Order, failed to respond to the FAA'sdiscovery requests and failed to respond to the FAA's Motion to Compel. We served an Orderto ShowCause on February II, 2015, which was returned for an improperaddress. Pursuantto 14 C.F.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 ofthe date and the time that the document was deposited with a contract orexpress ·messenger, the document was mailed, or personal delivery ofthe document was refused''.



### , . Pursuant to 14 C.F.R. 

### § 13.211(h), "There shall be a presumption ofservice where a party orperson, who customarily receives mail, orreceives it in the ordinary course ofbusiness, at eithertheir person's residence orthe person'sprincipal place ofbusiness, acknowledges receipt ofthe document". Respondent was obligated to keep the court informed ofany change ofaddress. WHEREFORE, the FAA's Motion for OrderAssessing·civil Penalty having been read and considered, it is ORDERED as follows: 1. Respondent's Request for Hearing be and is hereby DISMISSED with prejudice;



### 22. Respondent be and is hereby DEEMED to have admitted to all ofthe allegations in Complainant's Complaint; 3. Judgment be and is hereby ENTERED as civil penalty in the amount of$1.000 against Respondent as requested in the FAA's 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-Suite2WI000 1



# . Christine Cloud, 

### Respondent 12661 TanadaCircle, 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,

### Administrative 

### Law.Judge 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 Docket No. 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-Suite 2WIOOO. Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
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