InThe Matter Of: Michelle KraemerRespondent SERVED: May 17,2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGSWASHINGTON, DC ))))) 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 inthe above captioned case. The order required, inter alia, the parties to submit ajoint report tothe undersigned judge within 30 days of that order. Neither the Complainant northe 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 ofa hearing. As previously noted bythe FAA Administrator: [t]he Administrator expects that the parties will comply with orders issued byan ALJ during the hearing stage ofa proceeding. Ignoring an ALl's orders cannot be countenanced inan 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 inthe proceedings as directed bythe undersigned judge may be deemed a constructive withdrawal ofthe request for hearing or complaint bythe party demonstrating such alack of interest in participating in these proceedings. 3 1 American Airlines, Inc., FAA Order No. 2002-15, at9 (May 20, 2002). 2Seeid ("Parties who disregard the ALl's orders dosoat their own peril because the Administrator on appeal will uphold any reasonable sanctions permitted bythe Rules of Practice that the ALl imposes against a party for that behavior.").3See, e.g..JAL Power Supply, Docket No. CP01S00015 (FAA Aug. 7, 2001) (ALJ construed Respondent's silence asa constructive withdrawal of request fora 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, at3 (Nov. 24, 1998) (affirming ALJ's decision tofind constructive withdrawal when a party failed to appear atthe hearing without good cause); Apollo A&HS Company, FAA Order No. 2011-4, at4Pursuant to14 C.F.R. § 13.205(a)(l), (6), and (7),itis hereby ORDERED: I.No later than June 1, 2016, each party shall filea 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 inthe Order Directing the Parties to Meet and Confer Regarding Litigation and Scheduling Issues. 3.Ifaparty failstofile this statement bythe above deadline, the undersigned judge may issuea subsequent order finding the non-responsive party has constructively withdrawn from these proceedings and, pursuant to14 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 atthe hearing andto pursue its request for hearing without good cause constituted a constructive withdrawal ofits 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 2Wl000 4

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 ofthe Regional Counsel Great Lakes Region, AGL-7 Federal Aviation Administration 2300 East Devon Avenue

Des Plaines, IL60018 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 orby expedited courier, usethe following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.