'I 

In The Matter Of: 

OCTA VIAN FILOTI 

Respondent 

SERVED: September 5, 2013 

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Docket No. FAA-2013-0613 

Case No. 2013NE700100 

ORDER DISMISSING PROCEEDING 

On August 21, 2013, an Order Setting Deadline. for the Respondent to Show Cause and to 

File an Answer, and Granting/Denying Other Relief was 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's Motion for 

Decision until after September 10, 2013. 

On August 26, 2013, the Respondent telephoned the Office ofHearings attorney staff for 

guidance on the procedure for submitting his response and answer. The attorney staff provided 

the internet address found in 14 C.F .R. § 13.21 0( e )(2) for reference to the Rules of Practice and 

informed the Respondent that faxing the documents to the Office of Hearings is the best method 

to ensure that they arrive before the September 10, 2013 deadline. 

On August 27, 2013, the Respondent telephoned the Office of Hearings attorney staff and 

stated that he had decided to accept the FAA "deal" and that FAA counsel had told him to 

contact the Office of Hearings to withdraw his request for hearing. The Office of Hearings 

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 of Hearings 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 with the FAA." The attached Service List indicated service on the FAA 

attorney and the Hearing Docket. 

After having reviewed all relevant caselaw, decisions, regulations, statutory authority, 

and being fully advised; 
IT IS 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 plan is 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 Pursuant to 14 C.F.R. § 13.215, the Respondent has withdrawn his Request for a 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 of2 
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 2W10001 

Mr. Matthew J. Zappala, Esq. 

Complainant's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel 

New England Region, ANE-7 

12 New England Executive Park 

Burlington, MA 01821 

TEL: 781-238-7046 

FAX: 781-238-7055 

Mr. Octavian Filoti 

Respondent 

67 Osprey Drive 

Portsmouth, NH 03 801 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey 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.