In The Matter Of: 

SERVED: June 24, 2016 

U.S. DEPARTMENT OF TRANSPORTA~t'ION 

OFFICE OF HEARINGS . , · · \ 1 

• 

WASHINGTON, DC . '· ... '•;. 

Docket No. FAA-2011-0065 

Peter John Rossick, III 

) 

) 

) 

) 

) 

Case No. 2010SW290012 

Respondent 

ORDER TO PRODUCE PROOF OF SERVICE 

. On February 25, 2011, the prose Respondent filed a request for a hearing to resolve this 

matter. 

On March 3, 2011, the Complainant filed a complaint in this case with the hearing docket. 1 

According to the attached certificate of service, a copy of the complaint was sent to the 

Respondent by regular and certified mail (return receipt requested). 

On January 22, 2015, the Chief Administrative Law Judge assigned an Administrative Law 

Judge to hear and decide this case. The copy of the Notice of Assignment sent to the Respondent 

was returned as undeliverable. 

/ 

On February 11, 2015, the assigned Administrative Law Judge issued a Procedural Order. 

The copy of the Procedural Order sent to the Respondent was returned as undeliverable. 

On March 21, 2016, the case was reassigned to the undersigned judge. Once again, the copy 

of the Notice of Assignment sent to the Respondent was returned as undeliverable. 

On April 4, 2016, the undersigned judge issued an Order Directing the Parties to Meet and 

Confer Regarding Litigation and Scheduling Issues. The copy of the Order sent to the 

Respondent was returned as undeliverable. 

The Respondent has yet to be served a single order or notice issued by an Administrative 

Law Judge with the Office of Hearings. The Complainant has provided the Office of Hearings 

with two possible addresses for the Respondent. 2 The Office of Hearings has sent multiple 

1 The complaint was not filed with the Office of Hearings until January 15, 2015. . · 2 Email from Yolanda A. Bernal, Federal Aviation Administration, to Patricia A. Matthews, Office of Hearings 

(Feb. 25, 2016, 11:36 EST) (on file with Office of Hearings) ("The Seattle address was the last address we had. That 

was where we re-sent copies of the complaint on April 7, 2011."). 
documents to each address, and all the documents sent to these addresses were returned as 

undeliverable. 

Additionally, the Complainant has been unable to contact the Respondent. The Complainant 

indicated in a Response to the April 4, 2016 Order that attempts to contact the Respondent using 

Federal Express Mail, U.S. Certified Mail, and First Class Mailwere unsuccessful. 

In accordance with 14 C.F.R. § 13.21 l(a), a party must serve a copy of any document filed 

with the Hearing Docket on each party at the time of the filing. For service to be valid, the 

document inust be properly addressed.3 In general, if a party does not receive a return receipt for 

. a piece of certified mail, there is no presumption of delivery because the party is on notice that 

the addressee may not have received the letter.4 

Because the Office of Hearings has failed to serve any document on the Respondent despite 

using the addresses provided by the Complainant, the undersigned judge has reason to require 

additional proof of service of the complaint on the Respondent by the Complainant. In this case, 

the certificate of service on the complaint states it was sent to the Respondent via certified mail. 

It can therefore only be presumed to have been delivered if the Complainant received the return 

receipt. 

Pursuant to 14 C.F.R. §§ 13.205(a)(6) and 13.211, IT IS HEREB~ ORDERED: No later 

than July 25, 2016, the Complainant must provide the undersigned judge proof that the 

complaint was served on the Respondent. 

Attachment: Service List 

~W-A-LD_...-­ Administrative Law Judge 

3 14 C.F.R. § 13.21 l(g). 4 See TokyoAircargo USA, FAA Order No. 2002-26, at4 (Nov. 22, 2002) {citing Moyer v. United ~tates, 35 F.3d 

501, 504 {10th Cir. 1994); Mulder v. Commissioner of Internal Revenue, 855 F.2d 208, 215 {5th Cir. 1988)). 
Docket No. FAA-2011-0065 

(Civil Penalty Action) 

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 2Wl 0005 

Peter John Rossick, III, Respondent 

2415 Western A venue, Apt. 402 

Seattle, WA 98121 

ONE COPY 

Yolanda Ayala Bernal, Complainant's Counsel 

Federal Aviation Administration 

Southwest Region, ASW-7E3, Y AB 

Office of the Regional Counsel 

2601 Meacham Blvd., Room 663 

Fort Worth, TX 76137 

TEL: 817-222-5070 

FAX: 817-222-5945/5092 

The Honorable Douglas M. Rawald, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (El 1-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

5 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 2Wl000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430