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 ofservice, a copy ofthe complaint was sent to the Respondent by regular and certified mail (return receipt requested). OnJanuary 22, 2015, the ChiefAdministrative Law Judge assigned an Administrative Law Judge to hear and decide this case. The copy ofthe Notice ofAssignment sent to the Respondent
was returned as undeliverable. / On February 11, 2015, the assigned Administrative LawJudge issued a Procedural Order. The copy ofthe Procedural Order sent to theRespondent was returned as undeliverable. On March 21, 2016, the case was reassigned to the undersignedjudge. Once again, the copy ofthe Notice ofAssignment sent to the Respondent was returned as undeliverable. On April 4, 2016, the undersignedjudge issued an Order Directing the Parties to Meet and Confer Regarding Litigation and Scheduling Issues. The copy ofthe 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 LawJudge with the Office ofHearings. The Complainant has provided the Office ofHearings with two possible addresses for the Respondent.2 The Office ofHearings has sent multiple

1The complaint was not filed with the Office ofHearings until January 15, 2015.

. · 2 Email from Yolanda A. Bernal, Federal Aviation Administration, to Patricia A. Matthews, Office ofHearings (Feb. 25, 2016, 11:36 EST) (on file with Office ofHearings) ("The Seattle address was the last address we had. That was where we re-sent copies ofthe 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 Mailwereunsuccessful. In accordance with 14 C.F.R. § 13.21 l(a), a party must serve a copy ofany document filed with the Hearing Docket on eachparty at the time ofthe filing. For service to be valid, the document inust beproperly addressed. 3 In general, ifa party does not receive a return receipt for

.a piece ofcertified mail, there is no presumption ofdelivery because the party is on notice that the addressee may not have received the letter.4 Because the Office ofHearings has failed to serve any document on the Respondent despite using the addresses provided by the Complainant, the undersignedjudge has reason to require additional proofofservice ofthe complaint on the Respondent by the Complainant. In this case, the certificate ofservice on the complaint states it was sent to the Respondent via certified mail. It can therefore only be presumed to have been delivered ifthe 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 mustprovide the undersignedjudgeproofthat the complaint was served onthe Respondent.

Attachment: Service List

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

3 14 C.F.R. § 13.21 l(g). 4 See TokyoAircargo USA, FAA OrderNo. 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)).DocketNo. 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 2Wl0005

PeterJohn Rossick, III, Respondent 2415 Western Avenue, Apt. 402 Seattle, WA 98121 ONE COPY

Yolanda AyalaBernal, Complainant's Counsel Federal Aviation Administration Southwest Region, ASW-7E3, YAB Office ofthe 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (El 1-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536

5 Service was by U.S. Mail. For service in person orby 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