10/02/2014 05:55 4252271007 

DAVTO f_ SHAYNE 

FAA OFFICE OF REGIONAL CoUNSBt 

1601 LTNOAVE,, SW 

RENTON, WASHINGTON 98057 

TEU':PHONE: (425) 227-2165 

FACSIMILE: (425)227-!007 

ANM7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Joseph D. Barbera FAA Case No. 2013NM090056 

FOMSD No. FAA 2013-1083 

Judge Richard Goodwin 

PAGE 02/04 

COMPLAINANT'S REPLY TO RESPONDENT'S SUBMISSIONS IN RESPONSE THE 

ALJ'S ORDER TO SHOW CAUSE AND RENEWAL OF PREVIOUS MOTIONS TO 

DISMISS 0~ GRANT OJ? SUMMARY JUDGMENT. 

On September 9, 2014, the AL.T served on the parties the above-referenced Show Cause 

Order. Respondent responded thereto on September 25,2014. Complainant hereby replies and 

respectfully requests its previously filed motions (Motion for Reconsideration and Summary 

Judgment, filed on May 6, 2014), be granted. 

1. This Appeal Should be Dismissed Due to ~e$pondent's Failure to Timely Answer 

the Complaint. 

Complainant hereby incorporates by refurence its earlier pleadings. Respondent, in his 

current response, added nothing new to his previous explanation that he simply did not read the 

ALJ's Procedural Order and therefore delayed answering for 18 days, which he characterizes as a 

''layman's mistake." For the reasons already argu.ed, not reading the plain language of an Order 

(let alone the applicable regulation itself) is not good cause, and, therefore, Complainant is 

entitled to the remedies it sought in its earlier motions. 

FAA v. Joseph D. Barbera. 

Complalnant"s Motion for Clari:flc!ltion 

FAA Case No. 2013NM090056 

Page I of3 

DAVID F. SHAYNE, FAA ATTORN!o:Y 

TEL: (425) n7·216S: FAX: (425) 227·1007 
10/02/2014 05:55 4252271007 ANM7 PAGE 03/04 

If the ALJ accepts Respondent's explanation and finds good cause for accepting his latefiled Answer back in April, then Respondent shoul.d be held to that Answer, not the new one he 

provides now. No good cause explanation could possibly justify the filing of an Answer at tl1is 

late date. 

2. Even if Good Cause is Found for Accepting the Untimely Answer, Complainant's 

Mot.ion for Summary ,Judgment Should be Granted. 

The Answer Respondent :5Jed back in April did not deny the single allegation in this cas~. 

that he entered Class A airspace without an ATC clearance. Therefore, for the reasons already set 

forth in that Motion, Summary Judgment should be granted. 

Respectfully submitted this 2nd day of October 2014. 

~'"""'~ F. SHAYNE 

FAA Attorney 

FAA v. ,Jose pit D. Barbera. 

Complainant:-; Reply to R~Mprmden.t :~ Suhmisslon In 

RtNip()me /(J the ALl's Order to Show Cause and 

Renelfaf of Prew·ous Motions to Dismiss or G,.ant of 

Summary Jud8menr 

fAA Case No. 20l3NM090056 

Page 2 (If 3 

DA\ITU F. S:HAYNF., FAA ATTORNEY 

TEL: (425) n?-2165: FAX: (425) 227-1007 
10/02/2014 05:55 4252271007 ANM7 PAGE 04/04 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complainant's Reply to Respondent's Submission in Response 

to the ALJ's Order to Show Cause and Renewal of Previous Motions to Dismiss or Grant of 

Summary Judgment has been served as designated by the recipient's name this date, to the 

following: · 

Federal Aviation Administration-Facsimile and First Class Mail 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl000 

800 Independence Avenue SW 

Washington, D.C. 20591 

Fax:: (202) 493-5142 

Joseph D Barbera- First Class and Return Receipt Requested Mail 

14706 NE Erickson Dr. 

La Center, WA 98629-4405 

Dated this 2"0 day of October 2014. 

/ 

Ter# Kirk 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, W A 98057 

(425) 227-2007 

FAA v. Joseph .D. BarlJera. 

Complainant's Reply ro Respondcmt ',-; Submf.'l.~ion in 

Response to thrJ A!~! 's Order to Shou· Cause and 

Renewal of Previous Motions tn Dz:tlm'ss or Gram of 

summa1y Judgment 

FAA C•s• No. 2013NM090056 

Page 3 of3 

DAvmF. SHAYNE, FAA A1-rORNEV 

TEl-: (425) 227-2165; FAX: (425) 227-1007 
10/02/2014 05:55 4252271007 ANM7 

FACSIMILE MESSAGE 

DAVID F. SliAYNE 

FEDERAL AVIATION ADMINISTRATION 

OFfiCE OJ<' REGIONAL COUNSEL 

ANM-7 

1601 LIND AVENUE S.W. 

RENTON, WASHINGTON 98057 

PAGE 01/04 

The information contained in this facsimile message is legally privileged and confidential 

information and is intended only for the use of the indivJ.dualnamed on this cover sheet. 

If the reader of this message is not the intended recipient, you are hereby notified that any 

use, dissemination, distribution, or copy of this facsimile is strictly prohibited. If you 

have received this tacsimile in error, please immediately notify us by telephone at 

425-227-2007. 

DATE: 

TO: 

FAX NO.: 

PHONE NO.: 

October 2, 2014 

Hearing Docket Clerk. 

(202) 493-5142 

RE: Joseph Email: 

Barbera 

Case No. 

2013NM090056 

l"DMS FAA 

2013-1083 

NO. PAGES: 

FROM: 

FAX NO.: 

PHONE NO.: 

4 including cover 

David F. Shayne 

425-227-1007