In The Matter Of: 

Michelle Kraemer 

Respondent 

SERVED: May 17,2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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Docket No. FAA-2015-2441 

Case No. 2015WA910066 

ORDER TO SHOW CAUSE AND PROVIDE REQUESTED INFORMATION 

On April 6, 2016, the undersigned judge issued an Order Directing the Parties to Meet and 

Confer Regarding Litigation and Scheduling Issues in the above captioned case. The order 

required, inter alia, the parties to submit a joint report to the undersigned judge within 30 days of 

that order. Neither the Complainant nor the Respondent submitted a report or request for 

additional time before that deadline. 

In accordance with 14 C.F.R. § 13.205(a)(6), an administrative law judge is empowered to 

regulate the course of a hearing. As previously noted by the FAA Administrator: 

[t]he Administrator expects that the parties will comply with orders issued by an ALJ during the 

hearing stage of a proceeding. Ignoring an ALl's orders cannot be countenanced in an orderly 

system of adjudication. 1 

The parties are therefore reminded that failure to follow the undersigned administrative law 

judge's orders without good cause may result in sanctions.2 Moreover, continued failure to 

participate in the proceedings as directed by the undersigned judge may be deemed a 

constructive withdrawal ofthe request for hearing or complaint by the party demonstrating such 

a lack of interest in participating in these proceedings.3 

1 American Airlines, Inc., FAA Order No. 2002-15, at 9 (May 20, 2002). 2 See id ("Parties who disregard the ALl's orders do so at their own peril because the Administrator on appeal will 

uphold any reasonable sanctions permitted by the Rules of Practice that the ALl imposes against a party for that 

behavior."). 

3 See, e.g .. JAL Power Supply, Docket No. CP01S00015 (FAA Aug. 7, 2001) (ALJ construed Respondent's silence 

as a constructive withdrawal of request for a hearing), appeal dismissed, FAA Order No. 2002-10 (Apr. 17, 2002); 

Blankson, Docket No. CP97EA0024 (FAA Sep. 11, 1997) (ALJ found failure to respond to previous orders 

constiruted constructive withdrawal), aff' d, FAA Order No. 98-21 (Oct. 9, 1998). See also Instead Balloon Services, 

FAA Order No. 1998-23, at 3 (Nov. 24, 1998) (affirming ALJ's decision to find constructive withdrawal when a 

party failed to appear at the hearing without good cause); Apollo A & HS Company, FAA Order No. 2011-4, at 4 
Pursuant to 14 C.F.R. § 13.205(a)(l), (6), and (7), it is hereby ORDERED: 

I. No later than June 1, 2016, each party shall file a statement explaining the cause of their 

failure to comply with the Order Directing the Parties to Meet and Confer Regarding 

Litigation and Scheduling Issues. 

2. The parties shall include in their statement the information requested in the Order 

Directing the Parties to Meet and Confer Regarding Litigation and Scheduling Issues. 

3. If a party fails to file this statement by the above deadline, the undersigned judge may 

issue a subsequent order finding the non-responsive party has constructively withdrawn 

from these proceedings and, pursuant to 14 C.F.R. § 13.215, dismiss the case with 

prejudice. 

~D Administrative Law Judge 

Attachment: Service List 

(Jan. 14, 2011) ("Apollo's failure to appear at the hearing and to pursue its request for hearing without good cause 

constituted a constructive withdrawal of its request for hearing."). 
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-Suite 2Wl0004 

Brian J. Lawler, Respondent's Counsel 

Pilot Law, P.C. 

1551 9th Avenue 

San Diego, CA 92101 

TEL: 619-255-2398 

FAX: 619-231-4984 

Brian K. Khan, Complainant's Counsel 

Office of the Regional Counsel 

Great Lakes Region, AGL-7 

Federal Aviation Administration 

2300 East Devon Avenue 

Des Plaines, IL 600 18 

TEL: 847-294-7313 (Main) 

TEL: 847-294-7652 (Direct) 

FAX: 847-294-7498 

ONE COPY 

The Honorable Douglas M. Rawald, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

Docket No. FAA-2015-2441 

(Civil Penalty Action) 

4 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.