'I

In The Matter Of: OCTAVIAN FILOTI Respondent 

### SERVED: September 5, 2013

) ) ) ) ) DocketNo. FAA-2013-0613 CaseNo. 2013NE700100



### ORDERDISMISSING PROCEEDING
On August 21, 2013, an Order Setting Deadline.for the Respondent to ShowCause andto File an Answer, and Granting/Denying OtherReliefwas filed. Among other things, this Order set September 10, 2013, as the deadline for the Respondent to file a response to the FAA's Motion for Decision and an answer to the Complaint. The Order reserved the FAA'sMotion for Decisionuntil after September 10, 2013. On August 26, 2013, the Respondent telephoned the Office ofHearings attorney stafffor guidance onthe procedure for submitting his response and answer. The attorney staffprovided the internetaddress found in 14 C.F.R. § 13.210(e)(2) for reference to the Rules ofPractice and informedthe Respondent that faxing the documents to the Office ofHearings is the best method to ensure that they arrive before the September 10, 2013 deadline. On August 27, 2013, the Respondent telephoned the Office ofHearings attorney staffand stated that he had decided to accept the FAA "deal" and that FAA counsel had told himto contact the Office ofHearings towithdraw his request for hearing. The Office ofHearings attorney informed the Respondent that such a request must be submitted, in writing, to the Judge with copies to the FAA attorney and the Hearing Docket. On September 3, 2013, the Office ofHearings received a one page letter, dated August 27, 2013, from the Respondent stating that he "want[s] to withdraw my request for a hearing, and settle this matter withthe FAA." The attached Service List indicated service onthe FAA attorney and the Hearing Docket. Afterhaving reviewed all relevant caselaw, decisions, regulations, statutory authority, and being fully advised;

### ITIS 

### HEREBY ORDERED: 1. The September 10, 2013 deadline for the Respondent to file a response to the FAA Motion for Decision and an answer to the Complaint is cancelled. 2. The October 10, 2013 deadline for filing a proposed discovery planis cancelled. 3. The Rule 16 Litigation Scheduling Conference set for October 17, 2013 at 11 :00 a.m. Eastern time is cancelled. 4. The FAA's Motion for Decision is denied as moot. 3. Pursuant to 14 C.F.R. 

### § 13.215, the Respondent has withdrawn his Request for a Hearing, and this proceeding is dismissed with prejudice.

Attachment: Service List

Page 2 of2SERVICE LIST ORIGINAL & ONE COPY Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing DocketClerk, AGC-430 Wilbur Wright Building-Suite2W10001

Mr. Matthew

### J. Zappala, Esq. Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel NewEngland Region, ANE-7 12 NewEngland Executive Park Burlington, MA 01821 TEL: 781-238-7046 FAX: 781-238-7055 Mr. Octavian Filoti Respondent 67 Osprey Drive Portsmouth, NH 03801 Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2124 FAX: 202-366-7536 ONE COPY FDMS No. FAA-2013-0613 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person or by**exp~dited** 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.