^lEPARTMENT OF 

-^ASPORTATION 

• KET OPERATIONS 

SERVED SEPTEMBER 30, 2010 TM OCT - 1 A ^ 32 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

JNL MARBLE and GRANITE, INC. 

FAA DOCKET NO. CP10WP0007 

(Civil Penalty Action) 

DMS FAA-2010-0541 

ORDER ENTERING DEFAULT JUDGMENT AGAINST 

RESPONDENT 

The Order to Show Cause of August 26, 2010, issued in response to the Motion of 

the Federal Aviation Administration (hereinafter "Complainant") to Compel and to Deem 

Admitted Complainant's Requests for Admission ("Motion"),' directed Respondent JNL 

Marble and Granite, Inc. (hereinafter "Respondent") to make certain filings by the stated 

deadline. The Order to Show Cause directed Respondent, by September 7, 2010 

(mailing date) to 1) answer the Complaint; 2) respond to the Order to Show Cause, 

stating why the relief requested in Complainant's Motion should not be granted; and 3) 

answer each request propoimded in Complainant's First Request for Discovery. Failing 

to do these things in full, the Order to Show Cause warned, could result in sanctions 

therein listed, up to and including default (Order to Show Cause, p. 2, ^4). 

As of the date of this Order, Respondent has failed to file an Answer to the 

Complaint or respond to our Order to Show Cause. There is no suggestion that it has 

responded, in whole or in part, to Complainant's First Request for Discovery. 

' The full title of the Motion is "Motion to Compel Discovery Responses and Motion to Deem as an 

Admission of Truth Each Statement in Complainant's Requests for Admission." 
1 : 

Respondent has been given ample time and several opportunities to respond. It 

, has already been warned of the risks pf a failure to comply. Yet it has ignored ||ll pleas. 

Respondent has failed utterly in its pretrial responsibilities to Complainant and to this 

Court. 

WHEREFORE, Complainant'^ MQtiojij|p Comjpel and Motion to Deem Admitted 

Complainant's Requests for Admissicm hlitp^eerrreid and considered, it is 

ORDERED as follows: 1 

i . 

1. Respondent's Request for Hearing be and is hereby DISMISSED with 

prejudice; 

2. Respondent be and is hereby DEEMED to have admitted each st^filimt 

in Complainant's Requests for Admission; 

3. Judgment be and is hereby ENTERED as civil penalty in the amoi^nt of 

$15,000.00 against Respondent as requested in Complainant's Complaint. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attadmnent - Service List 

'••'i'i . 

'ij|j:-rfj;"^a; ^ 
FAA Docket No. CP10WP0007 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

JNL Marble and Granite, Inc., Respondent 

ATTN: Joel Huerta 

6429 Southfrdnt Road, Unit C 

Livermore, CA94551 

TEL: 925-371-0885 

Lierre Green, Complainant's Counsel 

Attorney, Office of Regional Counsel, AWP-7.6 

Western-Pacific Region 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90019-2007 

TEL: 310-725-7117 

FAX: 310-725-6816 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' 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 2W1000, Washington, 

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