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SERVED AUGUST 26,201 0 2GJ0 AUG 2 1 A 9: 2S 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

J N L MARBL E and GRANITE, INC. 

FAA DOCKET NO. CP10WP0007 

(Civil Penalty Action) 

DMSFAA-2010-0541 

ORDE R T O SHO W CAUSE 

The Federal Aviation Administration (hereinafter "Complainant" or "agency") on 

July 30i 2010, filed a Motion to Deem Allegations Admitted and to Issue Order 

Assessing Civil Penalty ("Motion to Deem"), citing Respondent's failure to answer its 

Complaint. Respondent JNL Marble and Granite, Inc. ("Respondent" or "JNL") did not 

answer the Motion to Deem. 

I On August 13,2010, Complainant filed a Motion to Compel Discovery 

j Responses ("Motion to Compel") under § § 13.218 and 13.220 of the Rules of Practice in 

I FAA Civil Penalty Actions ("the Rules"), 49 C.F.R. § 13.201 er seq. Complainant avers 

I that Respondent has failed to respond to its First Request for Discovery ("First Request") 

I by the date a response was due. The First Request, the agency states, seeks information 

I regarding the identity of Respondent's witnesses and testimony as well as documents and 

I other potential evidence JNL plans to present at the hearing. The First Request also 

I contains four requests for admissions. In addition to its request that JNL be compelled to 

I provide "separate and complete" answers to each of its discovery requests, the agency 
asks that each statement contained in its request for admissions be deemed admitted, as 

the Rules allow.' 

Respondent is hereby required to provide a paragraph-by-paragraph answer to the 

agency's Complaint, and to provide separate and complete answers to Complaint's entir^ 

First Request for Discovery, or explain why it cannot provide them, by September 7, 

2010 (mailing date). If JNL fails to do so in any respect, it risks sanctions. In this 

connection. Respondent is directed to §13.220(1)(1), which states that a party's failure to 

respond to a request for admission "is deemed an admission of the truth of the statement 

or statements contained in the request for admission," and §13.220(1)(2), which states that 

if the administrative law judge determines that a response to a request for admission is 

insufficient, "the matter is deemed admitted." 

WHEREFORE, it is ORDERED as follows: 

1. On or before September 7, 2010 (mailing date). Respondent shall file a 

response to this Order stating why the relief requested in Complainant's Motion to 

Deem and Motion to Compel should not be granted; 

2. On or before September 7, 2010 (mailing date). Respondent shall 

separately and completely answer Complainant's Complaint; 

3. On or before September 7, 2010 (mailing date). Respondent shall file 

separate and complete answers, or state why it cannot fiimish a full and complete 

answer, to each request propounded in Complainant's First Request for 

Discovery; and 

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

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

Complaint may be deemed admitted; any and all matters in Complainant's 

requests for admission may be deemed admitted; Respondent may be precluded 

fi-om introducing any evidence at the hearing other than personal testimony; 

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 

Complainant in its Complaint. 

Rididl'd CTGoodwin 

U.S. Administrative Law Judge 

Attachment - Service List 

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

as an Admission of Truth Each Statement in Complainant's Requests for Admission." 
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 Southfi-ont Road, Unit C 

Livermore, CA 94551 

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.