## U.S. DEPARTMENT OF TRANSPORTATION FEDERALAVIATIONADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.

IntheMatterofMaryE. Bochiardy 

## 2011EA170066 JudgeNotAssigned

AGENCY'S MOTIONTODISMISS LATE-FILED APPEAL

COMES NOW the Agency, the Federal AviationAdministration, byand through its designated and authorized representative, the Regional Counsel for the Eastern Region, and his designated and authorizedrepresentatives, to move to dismiss the Respondent's late-filed appeal. In

### the alternative, should the late-filed appeal be accepted, the Agencymoves that its complaint be accepted asherein filed. Thebasis for this motion is as follows: I. 

### The Respondent was represented by Attorney Greg Reigel, Aero Legal Services, since on or about June 25, 2013. See Exhibit A. 

### 2. Respondent's attorney represented Respondent in the informal conference held on July 2, 2013 and conducted all conununications with the Agency's counsel on Respondent's behalf thereafter. See ExhibitB. 3. On October 29, 2013, the Agency served a Final Notice of Proposed Civil Penalty on the Respondent by certified mail, return receipt requested, and upon Attorney Reigel by first class mail. See Exhibit C. 4. On orbeforeNovember 5, 2013, AttorneyReigel received the Final Notice ofProposed Civil Penalty. See Exhibit D. See also 14 C.P.R. § 

### 13.2ll(e). 5. Attorney Reigel was still representing and conununicating with Respondent as ofNovember 14,2013. See Exhibit E, page 6.

1

### 6. OnNovember 18, 2013, the Respondent received the Final Notice ofProposed Civil Penalty through delivery by mail. Respondent acknowledged receipt ofthe Notice by signing and returning the U.S. Post Office certified mail receipt. 1 

### See ExhibitF. 7. The Final Notice ofProposed Civil Penalty advised the Respondent and her attorney that a hearing must be requested in 

### writing on or before fifteen (15) days after the Final Notice is received. See Exhibit C. 

### 8. Pursuant to 14 C.P.R. Section 13.16(e)(2)(ii), the Respondent must request a hearingno later than fifteen (15) days afterreceipt ofthe FinalNotice ofProposed Civil Penalty. 9. On or about November 22, 2013, Respondent instructed her attorney to file an appeal. See Exhibit E, pages 5-6. 10. On December 12, 2013, the Agency served an Order Assessing Civil Penalty upon

.Respondent bycertified mail, return receipt requested and upon Attorney Reigel byfirst class

mail. See Exhibit G. 1 L On or before December 17, 2013, Attorney Reigel received the Order Assessing Civil Penalty. SeeExhibit D. See also 14 C.F.R. 13.211(e). 12. OnDecember 17, 2013, Respondent received the Order Assessing Civil Penalty. See Exhibit G. 13. On December 24, 2013, Respondent received confirmation from Attorney Reigel that no appeal was filed onherbehalf. See Exhibit E, page 5. 14. On December 30, 2013, Attorney Reigel filed his withdrawal of representation of Respondent. See ExhibitH. 15. On January 8, 2014, the Respondent filed her request for a hearing with the Department of Transportation (DOT). Thehearingrequestwas forwarded to theAgency onJanuary 10, 2014. See Exhibit I.

1 On November 2, 2013, the U.S. Postal Service left a Notice at Respondent's 

### residence that she had a certified mailing from the Fede:::-al Aviation Administration. Respondent waited sixteen days to claim that notice. See Exhibit F. 

### 2

### 16. The request for ahearing was filed byRespondent sixty-four (64) days after Attorney Reigel received the Final Notic.e and fifty-one (51) days after Respondent received the Final Notice. 17. The request for a hearing was filed by Respondent twenty-two (22) days after Attorney Reigel and Respondentreceivedthe OrderAssessing Civil Penalty. 18. Byreason ofall ofthe above, Respondent's request for ahearingwas nottimely filed. 19. Respondent has not offered any good cause or sufficient explanation for the delay in filing herhearing request. 20. Allowing the Respondent to proceed with her late-filed appeal contravenes principles of administrative andjudicial economy and efficiency as a final Order Assessing Civil Penalty has alreadyissued. 21. Ifthe Administrative Law Judge accepts the Respondent's late-filed appeal, the complaint enclosed herein shouldbe accepted for filing.

I. 

### Respondent's Appeal is Not TimelyFiled and She Has Not Provided Good Cause For the Delayin Filing.
At all times throughout the proceeding Respondent was represented by an attorney, experienced in aviation legal proceedings. See Exhibit J. 

### "Where arespondent is representedby counsel, all communications must be sent to the counsel; and receipt by the counsel, not the respondent, triggers the deadline for submitting a hearing request." In 

### the Matter of Alpine Aviation, Inc., FAA-2005-22218 (2005). Respondent's counsel received the Final Notice of Proposed Certificate Action onor before November 5, 2013. See Exhibit D. See also 14 C.F.R. § 

### 13.211(e). As a result, Respondent had until November 20, 2013 to file an appeal. No appeal was filed. Respondent's instruction to her attorney to file an appeal did not occur until November 22, 20l3

- two (2) days after the appeal deadline. Respondent and her attorney were clearly in communication during this time, as evidenced by various emails and references to telephone conversations that occurred during the time period ofNovember 14, 2013 through December 24, 2013. See Exhibit E. Ultimately, Respondent's instruction to her attorney came too late. "[A]
3

### hearing is provided for the benefit, and at the option, of Respondent. To preserve this opportunity, Respondent must comply with the Rules of Practice." In the Matter of Alpine Aviation, Inc., CPo5NM0026 (2005). Respondent expressed her desire to appeal to her attorney too late. Her mistake is more aptly attributed to indecisiveness, not good cause. In light oftl1e fact that she was representedbycounsel, this explanation fails to establish good cause. Nor is it proper to infer confusion by the Respondent about any technical requirements associated with the filing deadline. Where Respondent is represented by counsel the DOT has not permitted one to claim confusion with technical requirements. See In 

### the Matter of LightningAircraft Corporation, FAA-2011-1124 (2012). Additionally, Respondent offers no explanation why she waited so long to file her appeal after receiving the Order Assessing Civil Penalty. See In the Matter ofAviation Resources Inc., .CP02EA0006 (2002). Both she and her attorney received the Order Assessing Civil Penaltyby December 17, 2013. See Exhibit G. The Order clearly sought the immediatepayment ofthe full amount ofthe civil penalty ($7,700.00) and informed them that Respondenthad "exhausted [her] right to seek review ofthe validity or amount ofthis debt." Id. Notwithstanding, Respondent waited seven (7) days· to contact her attorney about the Order and ultimately did not file an appeal until twenty-two (22) days after she received the Order. A December 24, 2013 email communication from Attorney Reigel casts further doubt upon Respondent's claim that she relied uponher attorney to file an appeal. See Exhibit E, page 5. Attorney Reigel references "instructions" Respondent provided him whereby she informed him that she was going to pursue an appeal on her own. Id. Consequently, Respondent's claim that she thought her attorney filed the appeal are suspect and atbest, withoutmerit. Regardless, had Respondent truly intended to file a timely appeal, one would expect the appeal to have been filed immediately upon receipt of the Order Assessing Penalty. Respondent's failure to file immediately upon receipt ofthe Order was willful and does not establish good cause. The Department has generally found good cause when Respondent or "counsel acted promptly to cure the default upon learning of it." In 

### the Matter of Aviatioq Resources, Inc., CP02EA0006 (2002). This did not occur. Even if Respondent had timely directed her attorney to appeal the matter, which the Agency does not concede, the Department requires the attorney and/or Respondent to act "promptly" to cure the error. Id. Here, Respondent's appeal was ultimately filed sixty-our (64) days after receipt ofthe Final Notice of
4

### Proposed Civil Penalty and twenty-two (22) days after receipt of the Order Assessing Civil Penalty. She waited an entire week (7 days) before contacting her attorney about the Order she received. Her actions were anything but prompt. The Respondent's own negligence and inadvertence do not establish good cause for her untimely filed request for hearing. See generally In the Matter of Richard Lee Dillman, Docket CP91S00365 (1991). Lastly, the Departmenthas long held that "[p]rocedural rules mustbe enforced in a non-arbitrary manner to ensure the integrity ofthe civil penalty process, even where this results in severe consequences." In re Jimmy Lee Harkins, CP93AL0214 (1994). See also In 

### the Matter of Panalpina, Inc., CP06S00029 (2006). WHEREFORE, for all of the above reasons, the Agency respectfully requests that Respondent's late-filed appeal be dismissed as untimely.

Respectfully submitted, Alfred R. Johnson, Jr. Regional Counsel

By:

5

### CERTIFICATE OF SERVICE

I hereby certify that onthis 

# /11f dayofJanuary, 2014, copies ofthe foregoing Agency's Motion to Dismiss has been served upon the following via Federal Express:

Dated: 

## _·_J_AN_1_7_Z0_14_ Hearing Docket Attention Hearing Docket Clerk Federal Aviation Administration 600 Independence Avenue, SW Washington DC 20591 Wilbur Wright Building-Suite 2Wl000 Washington, DC 20591 Ms. MaryE. Bochiardy 1450 Sunset Point Blvd. Clearwater, Florida 33755

# ~JI~ 1aJ.Hooks
. Paralegal Specialist Federal AviationAdministration Office ofRegional Counsel 1Aviation Plaza Jamaica, NY 11434

6

### {In Archive} Mary E. Bochiardy, Docket No. 2011 EA170066 Gre-g Reigel to: Judith Vaughan message has 

### to. This message is being viewed in an archive. Dear Ms. vaughan: 

# EXHIBIT

06/25/2013 04:47PM

I have been retained by Ms. Bochiardy to represent her in the above civil penalty action. It is my understanding that an informal conference is scheduled for Tuesday July 2, 2013 at 11:00am Eastern/10:00am Central time. Both I and Ms. Bochiardy will be participating in the informal conference. In your Notice of Informal Conference you indicate that you will be contacting Ms. Bochiardy. Please advise 

### if you will also conference me into the call or whether you would now like to arrange a conference call into which I and Ms. Bochiardy may call. My contact. information is below. I look forward to hearing from you. Sincerely, Greg Reigel Reigel Law Firm, Ltd./ Aero Legal Services 921 Mainstre.et Hopkins, MN 55343 Phone: (952) 238-1060 Fax: (952) 238-1099 www.aerolegalservices.com 

### Twitter: @ReigelLaw

### U.S. Department of Transportation Federal Aviation 

### Administration 

## July 18,2013 GregReigel, Esquire Reigel LawFirmLtd. Aero Legal Services 921 Mainstreet Hopkins, MN 55343 Eastern Region Regional Counsel



### Re: No. 2011EA170066- MaryBochiardy DearAttorneyReigel, 1Aviation Plaza Room 561 

## EXHIBIT

Jamaica, NY 11434 Telephone: (718) 553-3255 Facsimile: (718) 995-5699



### OnJuly2, 2013, aninformal conferenceto discuss the above-captionedmatterwas held and settlement terms were explored. Today, you indicated that your clientmaybe financiallyunable to paythe civil penaltyas previouslydiscussed. I am enclosing a standard financial statement ofdebtor form. To demonstrate your client's inabilityto pay, pleasehaveher complete the entire form, signit andreturn it to me. Please return the form

# byAll.gll.st

## i6;

# ioii ····-·- . Sincerely, ALFRED R. JOHNSON, JR. REGIONAL COUNSEL

Enclosure

### Re: 

### Bochiardy No. 2011 EA170066 Juditl': 

### \fcJughan to: Greg Reigel AEA-007, Office of Regional Counsel Good afternoon Greg, 09/26/2013 02:08PM

Thank you for the additional information which I submitted for review. At this time, Ms. Bochiardy has not demonstrated an inability to pay the civil penalty. Consequently, I am not authorized to reduce the penalty any lowerthan previously discussed. If Ms. Bochiardy is interested in settling the matter atthis time for $5,000 (payable overtime- up to 2 or 3 years), please let me know by October 4 2013. Thank you,
Judith L. Vaughan Attorney Federal Aviation Administration One Aviation Plaza Jamaica, New York 11434 (718) 553-3255 telephone SENSITIVE/PRIVILEGED COMMUNICATION: The information contained in this electronic message and any and all accompanying documents constitute sensitive information, attorney work product and/or information protected by the attorney-client privilege. This information is the property ofthe Federal Aviation Administration. Ifyou are not the intended recipient ofthis information, any disclosure, copying, distribution, orthe taking ofany action in reliance on this information is strictly prohibited. Ifyou received this message in error, please notify us immediately at theabove number to make arrangements for its return to us. This message is intended for official use and may contain SENSITIVE information. Ifthis message contains SENSITIVE information, it should be properly delivered, labeled, stored and disposed of according to policy. "Greg Reigel" Judy: 09/16/2013 04:25:37 PM

- - - From:
-- ''Greg Reigel" <greigel@aerolegalservices.eom>-- AEA-007, Office of Regional Counsel To: Judith Vaughan/AEA/FAA@FM, Date: 09/16/2013 04:25PM

## ~~-b.J;_:;;

## ______**,~?-~i.':~.d..L~..?~-~~!2_E.:':!2~£,?~---- ····---~----··-····----** **------------·---~---~ -~-·-··-----··------**  Judy: Thank you for your reply. I spoke with my client and she indicated that she has filed an extension for 2012 taxes and anticipates that the return won't be finished/filed until December. However, she has provided her bank register listing all of her banking transactions as well as a list of her outstanding bills (some are for her maiden name, "Doran"), and all but one of those are past due (her Florida property tax isn't due until November 30, 2013. As you can see, Ms. Bochiardy is running a deficit every month. I would appreciate it ifyou could review the attached information and, in consideration of this information and the previously submitted information, reduce the civil penalty to an amount that Ms. Bochiardy will be able to pay.If you have any questions regarding the attached information or wish to discuss further, please let me know. Sincerely, 

### Greg Reigel Reigel Law Firm, Ltd./ Aero Legal Services 921 Mainstreet Hopkins, MN 55343 Phone: (952) 238-1060 Fax: (952) 238-1099 

### www.aerolegalservices.com Twitter: @ReigeiLaw



### [attachment "Bills Due _Past Due.pdf' deleted by

### JudithVaughan/ AEA/FAA] [attachment "BankRegister.pdf' deleted by

### JudithVaughan/AEA/FAA]U.S. Department ofTransportation Federal Aviation Administration Eastern Region Regional Counsel Telephone: 718 553-3255 Facsimile: 718 995-5699


## CERTIFIED MAIL -RETURNRECEIPTREQUESTED Ms. Mary E. Bochiardy 1450 Sunset PointBlvd. ·Clearwater, Florida 33755 DocketNo. 2011EA170066 1Aviation Plaza Jamaica, NY 11434



## FINAL NOTICE OF PROPOSED CIVIL PENALTY 

## EXHJBIT

TAKE NOTICE that on February 12, 2013, this office mailed to you a Notice of Proposed Civil Penalty. An

## informal conference was held on July 2, 2013. This office has received an investigative report from .which it appears that you violated the FederalAviation Regulation(s) by reason ofthe following: 1. 

## On or about June 22, 20ll, you were a passenger aboard U.S. Air-vays Flight No. 738 (hereinafter "the aircraft") from Tampa,

- =flor_ida-to P]}ila_c!elpgia, P_ejjJjsylvm1ia**l:!J.~reigaJt_er ''lli'e::f1ight'')~**  

## __ 2. In preparation for flight, all passengers onboard the aircraft were advised by flight crewmembers to turn offall electrical devices. 3. Notwithstanding the above, during the flight, you operated aportable electronic device. 4. Specifically, you operated a cellphone while a flight crewmember was providingpassengers with a mandatory safetybriefing. 5. Further, during the above-described flight, you interfered with a crevvmember in the performance ofthe crewmember's duties aboard the aircraft being operated.

### 6. Specifically, the flight crewmember that was providing the mandatory safety briefing, was required to stop her briefing to instructyou to turn offthe cellphone. 7. In addition, the flight crewmember was required to stop her briefing and provide notification ofyour conductto another crewmember. 8. When the flight crewmember returned to complete the mandatory safety briefing, youwere once again operating a cellphone. 9. The flight crewmemberrepeated her instructionto you to turn offthe cellphone. 10. You responded that you "wrote the rules, and I know what interferes andwhat does not interfere" orwords to that effect. 11. After the mandatory safety briefing was completed, you were · instructed by a flight crewmember to refrain from operating the cell phone during the flight. 12. Despite this instruction you operated the cellphone during the flight on approximately four (4) additionaloccasions. 13. Specifically, you sent approximately four (4) text messages during the flight. By reason ofthe foregoing, you violated the following section(s) ofthe Federal AviafionRegu1ations:

- ---- - ----- -------------------------------



### a. Section 121.580, which states that no person may assault, threaten, intimidate, or interfere with a crewmember in the perfonnance of the crewmember's duties aboard anaircraftbeing operatedunderthis part. b. Section 121.306(a), which states that except as provided in paragraph (b) ofthis section, no person may operate, nor may any operator or pilot in command of an aircraft allow the operation of, any portable electronic device on any U.S.-registered civil aircraft operatingunderthis part. In accordance with 49 U.S.C. §46301(a)(5), you are liable for a civil penalty not to exceed $11,000 for each violation of the regulations. After reviewing our investigative file, we propose to assess a civil penalty in the amount of$7,700 for this violation.

2

## Unless you mail or personally deliver, in writing, your request for a hearing in this matter, on or before fifteen (15) days after you receive this Final Notice, we will 

## issue an Order Assessing Civil Penalty and you will have no further right to a hearing. If you do not submit a written request for a hearing, you must pay the proposed civil penalty. Your request for a hearing must be sent to the Hearing Docket, Federal Aviation Administration, 800 Independence Avenue, S.W., Room 924A, Washington, D.C. 20591,Attention: Hearing Docket Clerk, and a copy mustbe sentto the undersigned FAA attorney. Your request must be dated and signed, in accordance with Section 13.16 ofthe Federal Aviation Regulations, sent to you with theNotice ofProposed Civil Penalty (14 C.F.R. 13.16). You may pay the proposed penalty by submitting a certified check or money order payableto the "FederalAviation Administration," to the undersigned. In the alternative, you may pay your civil penaltywith a credit card over the Internet. To pay electronically, visit the w:eb site at http://www.pay.gov and enter the term 'FAA" in the search bar labeled "Search Public Forms" located on the left hand side ofthe screen. After following the link, click on "FAA Civil Penalties-FAA Eastern Region." You must then enter the abovelisted "Docket Number" under the "Civil Penalties Case Number" and you must then complete the remainder of the requested information. Once you have submitted the requested information you will be taken to a page which ollr..
...:-;r"" 

### y.o.n**-f~"»** 

### ,,,:4-h.-..- ....,.,...V 

### by .-..1..,...,4-...,...,......,:..,. 4-...,..,..,..,.l"..,....., ...,...., 1--y**~~e.l:4- ---~....1**  V1'U !_ .LI-**~** c.o..uvn., vu llu .,;;.1u**~•** pa.,**~•"''-UVili\.-** uau;,i,.;I' UI 

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## -- requested information in one-ofthese two sections,-and submit to completeyour payment.


## Alfred R. Johnson, Jr. Regional Counsel

By: 

## Judith L. 

## Vaughan Attorney Enclosure (1) Option SelectionForm

3

## cc: Greg Reigel, Esquire ReigelLawFirm, Ltd. Aero Legal Services 921 Mainstreet Hopkins, MN 55343

4Regional Counsel for the Eastern Region Date Federal Aviation Administration l Aviation Plaza Jamaica, NY 11434 Ms. Mary E. Bochiardy M 2011EA170066 Subject: Final Notice ofProposed Civil Penalty Response Attachment In reply to your Final Notice ofProposed Civil Penalty, I elect to proceed as indicated by my check mark beside the numbered paragraph below: 

### LU 

### 2.U Ihereby submitthe amount ofthe proposed civil penalty with the understanding that an Order Assessing Civil Penalty will be issued in that amount. Ihereby request a formal hearing in accordance with Section 13.16 ofthe Federal Aviation Regulations. By sending this form to the Federal Aviation Administration, Eastern Region, I also hereby certify tbata copy ofthis form has been filed with tlie Hearing Docl<et Cieri< (JlearingDocket, Federal Aviation Administration, 800 Independence Avenue, S.W., Room 924A, Washington, DC 20591,Attention: HearingDocketClerk). **Please note that you will notbe entitledto a hearing ifvou file this form with the Federal Aviation Administration Eastern Region WITHOUT having filed this fOrm or a written request for ahearing with the HEARINGDOCKET CLERK. MY ATTORNEY/REPRESENTATIVE Signature Name: Address: Firm: Address:

________ _ Phone No.
_______ _ Home Phone**No.~----** Business Phone No.
___ _ PRIVACYACTNOTICE This notice is provided in accordance with Section (e)(3) ofthe Privacy Act, 5 U.S.C. §552a(e)(3), and concerns the information requested inthe letter orform with which this Notice is enclosed. A. Authority. This information is solicited pursuant to 49 U.S.C.llOI**~~-,and** regulations issued thereunder c;odifieJ in Parl i3 of Tilie 14 oflhe Code ofFcderai Reguiaiions. Submission ofthe tdephonc number is :'{Ql!!!1.!?D'.-

.. The**requ_e_~L0.!.illfq_np_a!ion** is**inter~_~~ JQ....2!.0~i.fl~.** ypu_ with an opportl!I).ity**.!9_Qa.rtjr;.ip.llt~** ioJh_e investigation. B. Principal Puruose. The requested information is intended to assist us in contacting you regarding this enforcement case. C. Routine Uses. Records from this system ofrecords may be disclosed in accordance with the routine uses as they appear in System ofRecords No. DOT/FAA 847 as published from time to time in the Federal Register. D. Effect ofFailure to Respond. Ifyou do not provide the requested information, there may be delay in contacting you regarding this enfOrcement case.o() Lr"l t'- H ru D D D D ru 

## 2 9

# ~~~q~.~-~~~=~~=;~·~7~·~~~-·: []"" D D t'-

## U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.

IntheMatterofMaryE. Bochiardy 

## 2011EA170066 JudgeNotAssigned

DECLARATION OF JUDITH L. VAUGHAN, ATTORNEY, FEDERALAVIATION ADMINISTRATION Tothebest ofmyinformation andbelief, I Judith L. 

### Vaughan, Esquire declare that: 

## EXHIBIT

1. I am, and have been since 2009, an attorney employed by the Federal Aviation Administration (FAA), Eastern Region, Regional Counsel's Office, located in Jamaica, NewYork. 2. On October 29, 2013, aFinal Notice ofProposed.Certificate

## Actio~ was mailed by certified mail to Respondent, Mary E. Bochiardy and a copy sent by first class mail to Respondent's attorney, Greg Reigel. 

### 3. The certified mailing was receivedbyRespondent onNovember 18,2013. 4. The first class mailing sent to Attorney Reigel was not returned to the F AI\, 

### Eastern Region, Regional Counsel's Office, Jamaica, NewYork. 5. On December 12, 2013, an Order Assessing Civil Penalty was mailed by certified mail to Respondent and a copy sent by first class mail to her attorney GregReigel. 6. The certifiedmailing was receivedbyRespondent on December 17, 2013. 7. The first class mailing sent to Attorney Reigel was not returned to the FAA, Eastern Region, Regional Cotmsel's Office, Jamaica, NewYork. I declareunderthepenalty ofperjurythat the foregoing is true and correct.

# Executedthis/~ dayofJanuary,2014

# ~~K}4:~**UdithitfVlll;gh~** Attorney Federal AviationAdministrationRE: MaryBochiardy case MaryBochiardy to: Judith Vaughan 01/08/2014 07:05PM Hide Details From: "MaryBochiardy" <MaryBochiardy@comcast.net> To: JudithVaughan/AEA/FAA@FAA, 

### 1Attachment
imageOOI.gif Hello Ms. Vaughan, l

### justwanted to keep you avvare Of my actions, Page 1 of6 

## EXHIBIT



# - t:

The Hearing Docket Clerk will be in receipt of my request to appeal when they receive to overnightecl request and history ofour email string indicating this should have happened back on November 22, 

### 2013. I am hoping to hear back from that office sometime this Friday 

### 1/10/14 but will keep you on copy for status. Thanks for yourtime, patience and consideration on this matterI Best flegards, Mary Bochiardy marybochiardy@comcast.net 

### (386) 214=0414 From: Judith.Vaughan@faa.gov [mailto:Judith.Vaughan@faa.gov] 

### Sent: Thursday, January 02, 2014 12:39 PM 

### To: Mary Bochiardy 

### Subject: RE: Mary Bochiardy case Happy NewYear Ms. Bochiardy, I have been authoiized to extend the settlement offer to you until January 13. 2014. Please note that this extension is for settlementonlyand should in no way be interpreted as an extension of appeal rights, which I previously mentioned, cannot be tolled by me. According to my records, your appeal rights expired 15 days after you received the Final Notice of Proposed Civil Penalty. You received that document on November 18, 2013. Should you wish to accept the settlement, please notify me by January 13, 2014 via email and Iwill draft the necessary documents. Regards, Judith 

### L. Vaughan Attorney Federal Aviation Administration One Aviation Plaza Jamaica, NewYork 11434 (718) 553-3255 telephone SENSITIVE/PRIVILEGED COMMUNICATION: The information contained in this electronic message and any and all accompanying documents constitute sensitive information, attorney work product and/or information protected by the attorney-client privilege. This information is the property ofthe Federal Aviation Administration. Ifyou are not the intended recipient ofthis information, any disclosure, copying, distribution, or the taking ofany action in

:tlle://C:\Users\Judith Vau:zhan \AooData\Local\Temo\1\notesFFf**692\~web91**07.htm 11911014Page 2 of6

reliance on this information is strictly prohibited. If you received this message in error, please notify us immediately at the above number to make arrangements for its return to us. This message is intended for official use and may contain SENSITIVE information. Ifthis message contains SENSITIVE information, it should be properly delivered, labeled, stored and disposed ofaccording to policy.

Frcrn-. "Mary Bochiardy" <MarvBochiardv@comcast.net> AEA-007, Office of Regional Counsel**T0~** Judith Vaughan/AEAIFAA@FAA, Date: 12/31/2013 04:02PM Subject RE: Mary Bochiardy case

Hi Atty Vaughan, ! wil! continue to try toget acknowledgmentfrom the other entlties you suggest below by 1/6 but due to the holiday would you bewiHing to extend. the date to thefollowing week please? Cheers! To a safe and happy new year! -Mary Bochiardy

From: Judith.Vaughan@faa.gov [mailto:Judith.Vaughan@faa.gov] 

### Sent: Tuesday, December 31, 2013 1:04 PM To: Mary Bochiardy 

### Subject: Re: Mary Bochiardy case Good afternoon Ms. Bochiardy, I cannot provide you with any legal advice. You may want to consult an attorney orthe Department of Transportation for further assistance. Anyofferofsettlement outlined below will be rescinded upon the filing of an)/ litigation connected with this matter. Should you not be able to resolve your concerns by January 6, 2014, please let me know. Regards,
Judith 

### L. Vaughan Attorney Federal Aviation Administration One Aviation Plaza Jamaica, New York 11434 (718) 553-3255 telephone SENSITIVE/PRIVILEGED COMMUNICATION: The information contained in this electronic message and any and all accompanying documents constitute sensitive information, attorney work product and/or information protected by the attorney-client privilege. This information is the property of the Federal Aviation Administration. Ifyou are not the intended recipient ofthis information, any disclosure, copying, distribution, or the taking of any action in reliance on this information is strictly prohibited. Ifyou received this message in error, please notify us immediately at the above number to make arrangements for its return to us. This message is intended for official use and may contain SENSITIVE information. Ifthis message contains SENSITIVE information, it should be properly delivered, labeled, stored and disposed of according to policy.

lile://C:\Users\Judith Vauuhan\A pData\Local\Temp\l**'motesFFF692\~web9l**07.htm lQ,f')Fmrn: "Mary Bochiard'/' <MaryBochiardy@comcast.net> AEA-007, Office of Regional Counsel To Judith Vaughan/AEAJFAA@FAA, Oat:;;: 12/31/201312:50 PM Subj:sct: Mary Bochiardy case



### Thanks for the quickreply Atty Vaughan, I appreciate the flexibility you have offered but 1would ask for more time since I had assumed inconectlythat MrReigel had submitted the appeal as I 

### had requestedback 

### in November. Also, Page 3 of6



### Who wouldhave the authority to toll the appeal rights? This maybe where l should start since that was my direction when asked backthen. Best Regmds, MaryBochiardy rnarybochiardy(iiJcomcast.net Mobile:n (386)24-0414

Fron<: Judith.Vauqhan@faa_gov ic:!· Mary E Bochiardy/Tampa/IBM@IBMUS, Dab 12/31/2013 07,58 AM Subject: Re: Fw: Phone Call

Good morning Ms. Bochiardy, I reviewed the communications you provided below. Prior to issuing the Final Notice, I reached out to Mr. Reigel to determine your interest in settling the matter for $5,000 (payable over 3 years). That offerwas not accepted and no further communications from you or Mr. Reigel was received. As a result, the Final Notice was issued (for $7,700.00) with full appeal rights. Those appeal rights have now expired. The OrderAssessing Civil Penalty issued on 12/12/13 and was received by you on 12/17/13. I do not have the authority to toll the appeal rights to the Department ofTransportation (DOT). However, with that said, Iwould agree to renew my previous offer to you - $5,000 payable over 3 years to close out this matter. By doing so, you agree to accept the administrative findings ofviolation included in the Order and not file litigation connected with this matter at the DOT. If the $5,000 is not paid as a lump sum, you would be required to sign a promissory note. Once it is signed, Iwill issue an Amended Order Assessing Civil Penalty. This offer is extended to you until January 6, 2014. Thank you and happy new year,
Judith L. Vaughan Attorney Federal Aviation Administration

tile://C:IUsers'oJudith Vaughan\AppData\Local\Temp\1\notesFFF692\-web9107.htm 1/9/2014One Aviation Plaza Jamaica, New York 11434 (718) 553-3255 telephone Page 4 of6

SENSITIVE/PRIVILEGED COMMUNICATION: The information contained in this electronic message and any and all accompanying documents constitute sensitive information, attorney work product and/or information protected by the attorney-client privilege. This information is the property of the Federal Aviation Administration. Ifyou are not the intended recipient ofthis information, any disclosure, copying, distribution, or the taking of any action in reliance on this information is strictly prohibited. Ifyou received this message in error, please notify us immediately at the above number to make arrangements for its return to us. This message is intended for official use and may contain SENSITIVE information. If this message contains SENSITIVE information, 

### 'it should be properly delivered, labeled, stored and disposed of according to policy.

Frcrn: Mary E Bochiardy <mebochia@us.ibm.com> AEA-007, Office of Regional Counsel To: Judith Vaughan/AEAIFAA@FAA, Cc· marybochiardy@comcast.net D2te: 12/27/2013 02:31PM Sub;act Fw: Phone Call

Hello Judith Vaughan, I received and error sending from my comcast mail account and trying you now from mywork address. Please see below arid advise at your convenience.

. . . Thanks and Happy New Year!

Best Regards,

2,mali; mebochia(Cus.ibrn.ccm - ·=-**-~** 

# - -·-· 

# -- - --·· -'-- 

# - .,. 

# ____



# ------ 

# ___ ,_. :3031 H Rc(;i.;J Point Dr West Tampa

.. FL 33607-5872 United Stai:es**--~-Forwarded** by ll;bry E Bochimdy/Tampa/IBM on 12/27/2013 02:28 Prvl-----
From: "Mary Bochiardy" <MaryBochiardy@comcast.net> f:J; Mary E Bochiardy/Tampa/IBM@IBMUS, 

## o,,;, 12/27/201310,30AM**s~bi'C'ct** FW: Phone Call

file://C:\Users\Judith Vauu]um\Ap Data\Locai\Tern \I\notesFFF692\-web9107.hun 1/9/2014-----Original Message----- From: Mary Bochiardy [mailto:MaryBochiardy@comcast.netJ Sent: Tuesday, December 24, 2013 5:21 PM To: 'Judith.Vaughan@faa.gov Subject: FW: Phone Call Importance: High Hi Judith, Merry Christmas! I am just closing out my loose ends before I get away for the holidays and got the email beck from Greg saying he did not submit the appeal!!! (he did not take any action after 

### i requested to proceed to appeal

- You can see from the string below- I asked for this back in November
... I did receive a certified letter from you last Friday about the fine but I am confused as to where the lower fine previously presented went? Since Greg is now not representing me'· please advise of next stepS directly. Thanks & Regards Cheers! Mary Bochiardy ffiarybochiardy@comcast.net (386) 214-04'1.4 -----Original Message----- From: Greg Reigel [mailto:greigel@aerolegalservices.com] Sent: Tuesday, December 24, 2013 3:34 PM To: Mary Bochiardy Subject: Re: Phone Call JY.Iary; I did not file an appeal. Your last instructions to me were that you were going to pursue the appeal on your own or using a local attorney who may be more cost effective and I confirmed that I would not be doing anything further on the matter. Greg Reigel Reigel Law Firm, Ltd. 921Mainstreet Hopkins, MN. 55345 Phone: (952) 238-1060 fax: (952) 238-1099 Twitter: @ReigelLaw On Dec 24, 2013, at 14:11,**~Mary** Bochiardy" <l!IaryBochiardy@comcast.net> wrote: >Hi Greg, Any response on the appeal? > > -----Original Message----- > From: JVIary Bochiardy [ma:i.lto:NaryBochiardv@comcast.nPt] > Sent: Friday, November 22, 2013 2:39PM > To: 1 Greg Reigel 1

file://C:\Users\Juditl1 Vaughan \AppData\Local\Temp\1lnotesFFF**6921~web91**07.htm Page 5 of6

1/9/2014> Subject: RE: Phone Call > > Hi Greg, >Lets just go with the Appeal
... at least I can present what actually > happened on that flight in court
.. > > -----Original Message----- > From: Mary Bochiardy [mailto:HaryBochiardy@comcast.net] > Sent: Monday, November 18, 2013 10:33 AM >To: 'Greg Reigel' > Subject: RE: Phone Call > > GM Greg, > I just today got a notice of certified delivery that will be > redeliverd tomorrow hopefully. > Once get the letter in my hand , opened and reviewed, I will respond > 

### with my next step. > The 15-day clock should not start· until I am in receipt of the >letter
... not when the FAA office mailed it. > > -Mary > > -----Original Message----- > From: Greg Reigel [mailto:greigel@aerolegalservices.com] >Sent: Thursday, November 14, 2013 2:37 PM > To: 'Mary Bochiardy' > Subject: Phone Call > > Mary: > > Sorry I missed your call. I was tied up in a meeting that went long. > I am in the office the rest of the afternoon. Please give me a call > when you get a chance. > >Thanks. > > Greg Reigel >_Reigel Law Firmr Ltd./ > Aero Legal Services > 921 Mainstreet > Hopkins, MN 55343 > Phone: (952) 238-1060 > Fax: (952) 238-1099 > 'i!VW'ifl. aeroleqalservices.com > Twitter: @ReigelLaw > >

tlle://C:\Users\JudithVaughan lA Data\LocaliTem 11**lnotesFFF692\~web9107.htm** Page 6 of6

1/9/2014

## EXHIBIT 

# F II Complete items 1, 2-, and 3. AlsO complete item4 if Restricted Delivery is desired-.
- Jl Printyour name and address on the reverse

so thatwe can return the card to you. II Attach this_card-to the back ofthe mailpiece,

oron'the front ifspace permits.

- -1.- ArticleAddressed to:



## 7009 0820 0002. 1758 D. !s delivery_addrEissOiffeffintfrom item 1? IfYES, enter deliveryaddress belbw:

3

..Service Type**.~fiedMail** 

## GtJ Registered D Insured Mall 0**EXP~sMau** 0 Return Receipt.for Merchandise 0 C.O.D.

PS Form 3811 February 2004 Domestic Return Receipt 102595-02-M-1540,UNITED STATES POSTAL SERVICE First-Class**~ilaii** Jl Postage & Fees Paid" 

### 1 USPS
. Permit No. G-10

• Sender: Please print your name, address, and ZIP+4 in this box •



### Federal 

### A viaiiion Adminismition Eastern Region Regional Counsel, AEA-7 1

### Aviation Plaza Jamaica,NY 11434

.·Page I of!

U.S. Postal Service Track & Confirm email Restoration- 70090820000217584719 US Postal Service to: Judith Vaughan 01/02/2014 12:22 PM Hide Details From: US_Postal_Service@usps.com To: Judith Vaughan/AENFAA@FAA, This is a post-only message. Please do not respond. Judith Vaughan has requested that you receive this restoration information forTrack & Confirm as listed below. Current Track & Confirm e-mail information provided bythe U.S. Postal Service. Label Number: 70090820000217584719 Service Type: Certified Mail'" ShipmentActivity
Delivered Notice Left Depart USPS Sort Facility Processed through USPS Sort Facility Depart USPS Sort Facility Processed through USPS Sort Facility Depart USPS Sort Facility Processed through USPS Sort Facility Location
CLEARWATER FL 33755 CLEARWATER FL 33755 SARASOTA FL 34260 SARASOTA FL 34260 TAMPA FL 33630 TAMPA FL 33630 NEW YORK NY 10199 NEW YORK NY 10199 Date &Time
November 18, 2013 11 :27 am November2, 2013 11 :50 am November2, 201-3 November2, 2013 3:15am November 1, 2013 November 1, 2013 2:34pm October 30, 201

### '3 October 30, 2013 11:28 pm
USPS has not verified the validity ofany email addresses submitted via its online Track & Confirm tool. For more information, or.ifyou have additional questions on Track & Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track & Confirm tool at htt:J://\vw\N.usps.com/shiooinqitrackanc:corrfirmfe.C!s.htn.

file://C:\Users\Judith Vaughan\AooData\Local\Temo\1\notesFFF692\-web0912.htm 117/'!()l.ct

## EXHIBIT

U.S. Department 

### ofTranspor'<ation FederalAviation Administration Eastern Region Regional Counsel Telephone: 718 553-3255 Facsimile: 718 995-5699


## CERTIFIED MAlL- RETURN RECEIPT REQUESTED Ms. MaryE. Bochiardy 1450 Sunset PointBlvd. Clearwater, Florida33755

· DocketNo. 2011EA170066 1 Aviation Plaza Jamaica, 

### NY 11434



## ORDERASSESSING CIVIL PENALTY 

# G.

On October29, 2013, you were advisedbymailthrough a Final Notice ofProposed Civil Penalty ofthe reasons why we proposed to assess a civil penaltyin the amount
·of$7,700.00. · Aftera consideration ofallthe available informationithas been determined that: l. 

## On or about June 22, 201 l, you were a passenger aboard U.S. Airways Flight No. 73 8 (hereinafter "the aircraft") from Tampa, Florida to Philadelphia, Pennsylvania (hereinafter "the flight"). 2. In preparation for flight, all passengers onboard the aircraft were advised byflight crewmembers to tu.1n offall electrical devices. 3. Notwithstanding the above, during the flight, you operated aportable electronic device. 4. Specifically, you operated a cellphone while a flight crewmember was providingpassengers with a mandatory safetybriefing. 5. Further, during the above-described flight, you interfered with a crewmemberin the perfonuance ofthe crewmember's duties aboard 

## t.he aircraftbeing operated.

## 6. Specifically, the flight crewmember that was providing the mandatory safety briefmg, was required to stop her briefing to instruct you to turn offthe cellphone. 7. In addition, the flight crewmember was required to stop her briefing andprovide notification ofyour conductto another crewmember. 8. When the flight crewmember returned to complete the mandatory safetybriefing, you were once again operating a cellphone. 9. The flight crewmemberrepeatedher instructionto you to tum offthe cellphone. 10. You responded that you "wrote the rules, and I 

## know what interferes andwhat does notinterfere" orwords to that effect. 11. After the mandatory safety briefmg was completed, you were instructed by a flight crewmember to refrain from operating the cellphone during the flight. 12. Despite this instruction you operated the cellphone during the flight on approximatelyfour (4) additional occasions. 13. Specifically, you sent approximately four (4) text messages during the flight. By reason of the foregoing, you violated the following section(s) of the Federal AviationRegulations: a. Section 121.580, which states that no person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crewmember's duties aboardanaircraftbeing operatedunderthis part. b. Section 121.306(a), which states that except as provided 

## inparagraph (b) ofthis section, no person may operate, nor may any operator or pilot 

## in command of an aircraft allow the operation of, any portable electronic device on anyU.S.-registered civil aircraft operatingunderthis part. NOW THEREFORE, IT IS ORDERED, pursuant to 49 U.S.C. §46301(a)(5), that yoube andhereby are assessed a civil penaltyinthe amount of$7,700.00. You are hereby ordered to pay, immediately, the assessed amount by mailing or delivering a certified check or money order 

## in the amount of$7,700.00, payable to the "Federal Aviation Administration", to the Office ofAccounting, FANMMAC
-

2

## Attention AMZ-310-EA, Post Office Box 25770, Oklahoma City, OK 73125. Please reference Account No. 2011EA170066 

## on your certified check or money order. Inthe alternative, you maypayyour civil penaltywith a credit card overthe Internet. To pay electronically, visit the web site at http://www.pay.gov and enter the term "FAA" inthe searchbarlabeled "SearchPublic Forms" located onthe left hand side ofthe screen. After following the link, click on "FAA Civil PenaltiesFAA Eastern Region." You must then enter the above-listed "Docket Number" under the "Civil Penalties Case Number" and you must then complete the remainder of the requested information. Once you have submitted the requested information you will be taken to a page which allows you to either pay by electronic transfer, or by credit card. Fill in the requested information in one of these two sections, and submit to complete your payment. The amount of civil penalty assessed inthis Order constitutes a debt owedto the United States. Youhave now exhausted your right to seek review ofthe validity or amount ofthis debt. If thi.s debt is not paid in 

## full within thirty (30) days ofyour receipt ofthis letter, the debt is considered delinquent. For delinquent debts, federal regulation (49 C.F.R. Section 89.23) requires us to charge interest, from the date ofthis Order, at a fixed annual rate of 5% along with an administrative charge of $12.00 per month, representing our costs ofadministrative collection. Furthermore, ifthe full amount assessed is not paid infull within one hundred andtwenty (120) days ofyour receipt ofthis letter, we arerequiredto assess an additional penalty·at an annual rate of6% accruing from the date of delinquency. Delinquent debts may be reported to consumer reporting agencies or commercial credit bureaus, which could adversely affect your credit rating. Nonpayment ofthis debt mayultimatelyresult inreferral to a collection agency, the Department ofthe Treasury, the Internal Revenue Service, the United States 

## Departn1ent ofJustice or, 

## if applicable, to a Federal Agency for 

## offsetofdebt against federal pay. Alfred R. 

## Johnson, Jr. Regional Counsel By: Judith L. 

## Vaughan Attorney

cc: AMZ-310-EA GregReigel, Esquire Reigel Law Firm, Ltd. Aero Legal Services 921 Mainstreet Hopkins, MN 55343

3

### 7013 1090 0002 3027 4496 13:::;:; gJ 8-ii Q S::n g2**~~** => (<!**~3** (fa. 

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...AJ.so complete 'item 4 if Restricted

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sothatwe can return..the· card to 111 Attach this card totheback ofthe

or on the front ifspace permits. i. Article Addressed to: D. Is delivery address differentfrom ftem i? IfYES, enter delivery address below: D No 

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### 7013 1090 0002 3027 4496 PS Form 3811, February 2004 Domestic Return Receipt- 102595-02-M-1540:UNITED STATES POSTAL SERVICE 

# Ill First.Ciass Mail Postage & Fees Paid USPS Permit No. G-10 

# I• Sen-der:

# Pl~ase print

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### i 

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## Paza Jam<uca. NY 11434

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Tn.cki'll'g N1J.'1lbBr: 70131090000230274496



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December 17, 2013, 4:26pm

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D0cember 13, 2013

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What's your**tmc~ing** (or**rec~ipt)** nuonber?

lEGAL c'ci•.•,lCVI"o!IC,','**r~-,** ,,,,r,' Features: CerfrfJed**M~il~**

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Prucesse<l througil USPS Soli**Facili~J 0~~** **USP3,CO~I** CLEARWATER, FL 33755

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httpK:i/tools.usps.com/go/TrackConfirmA_ction?qtc tLabels1 =701_1 1 090000/l0!7.:1J.a,:;RE: Phone Call Greg Reigel to: JudithVaughan 12/30/2013 09:37AM Cc: '"Mary Bochiardy' 11 Hide Details From: 11Greg Reigeln <greigel@aerolegalservices.com> To: Judith Vaughan/AEA/FAA@FAA, Cc: "'Mary Bochiardy"' <MaryBochiardy@comcast.net> I Attachment
ATT00138.gif -Judith: I am no longer representing Ms. Bochiardy. You may respond to her directly. Thank you. Greg Reigel Reigel Law Firm, Ltd./ ·Aero Legal Services· 921 Mainstreet Hopkins, MN 55343 · Phone: (952) 238-1060 Fax: (952) 238-1099 wwvv.aero!eaalservices.com Twitter: @ReigeiLaw ·

From: Judith.Vaughan@faa.gov [mailto:Judith.Vaughant6lfaa.cov] 

### Sent: Monday, December 30, 2013 8:27AM To: Greg Reigel 

### Subject: Fw: Phone Call Good morning Attorney Reigel, Page 1of4


## EXHIBIT



# II

Attached please find some communications from Ms. Bochiardy thatwere sent to me unsolicited. Atthis point, I am not sure whether or notyou still represent her. Will you kindly inform me ofthe status ofyour representation of her and provide any relevant input regarding the circumstances she references below? Thank you,
Judith L. Vaughan Attorney Federal Aviation Administration One Aviation Plaza Jamaica, NewYork 11434 (718) 553-3255 telephone SENSITIVE/PRIVILEGED COMMUNICATION: The information contained in this electronic message and any and all accompanying documents constitute sensitive information, attorney work product and/or information protected by the attorneyclient privilege. This information is the property ofthe Federal Aviation Administration. Ifyou are not the intended recipient of this information, any disclosure, copying, distribution, orthe taking of any action in reliance on this information is strictly prohibited. Ifyou received this message in error, please notify us immediately at the above number to make arrangements for its return to us. This message is intended for official use and may contain SENSITIVE information. Ifthis message contains SENSITIVE information, it should be properly delivered, labeled, stored and disposed of according to policy.

file://C:\Users\Judith Vaughan\AppData\Local\Ternp\I'JwtesFFF692\-web0749.htm 12/30/2013

### 10/2014 18:08 FAX 2024835142 F.\A

TO: 

### Judith Vaughan COMPANY: 

## FAAAEA
FAX NUMilER:

PHONENIIMHER:**718~553-3255** 

## ' RE: 

## OFFICI<: OF THE CHIEF COUNSEL FEDERALAVIATION ADMINISTRA 800 INDEPENDENCEAVENUE, S.W. WASHINGTON, D.C. 20591 202-267-3222 (VOICE)

202-267-3227 (FAX)
FACSIMILE TRANSMmAL SHEET

FROM: 

### Sharice Jefferson 

### nAn·:: 

## 01/10/2014 06:52:29 PM TOTALNO. or PA<;Es INCLUO!NO COVI·:R: 

## 8 S!'NDER'S PliONE NUMBER:



## . 202-385-8230 YO\IR IUoFfcRENCE NIJMlJER:

DURCENT 

# EJ FOR REVIEW 

# 0**~LEASE** COMMF:NT 

# DPT,I·:Mil·:**IU:~'L'i** 

# DPLEASE RECYCJ,P,

NOTES/COMMENTS: lg] 

### 001/00801/10/2014 18:08 FAX 2024835142



### Date: 

### January 8. 2014 From: 

### Mary Hochiardy 1450 Sunset Point 

### Road Clearwater, FL 33755 (386) 214-0414 

### To: Hearing Docket Fcdcml Aviation Administration 

### 600 Independence Avenue, SW FAA



### Wilbur Wright Building- 

### Suite2Wl000 

### Washington, 

### DC 20591 AttentiQ\1: Hearing**R.!l.~~.et** 

### Clerk, AG{;:Ij30 To All. • I.EA 141002/008



### Please forgive me as Iam now representing myselfandfloundering to

### get someoneto help me appeaL Iwish to appeal and Ihave attached proofthatIhad requested my original counsel to submitback on November 22, 2013 via email. In summary, Ihad repliedto my (then) attorneyto go ahead and submitto appeal afterAtty. Vaughan settlememofferwas notacceptable to me. This is highlighted in the printout dated 11/22/13to Greg Reigel from me. When 1 asked for the status ofthe case, Atty. Reigel stated he did not file in my

### behalf and when Iengaged A ttyVaughn, she indicated the timeto appeal hadexpired. Iam happytodeal with Atty. Judith Vaughan as she has beenvery flexible with regard to this claim, however, Iam notguilty and wish to proceed to appeal as my original attorneydid notpresent (orrepresent) me accurately. Best Regards, Mary Bochiardy**m;Jrybo.~jliardy@comfi;J.;;Lnet** (386) 

### 214-0414 Attachments: Email string with Greg Reigel, Judith Vaughan and myself.

### 01/10/2014 18:07 FAX 2024835142 FAA


### Mary Bochiardy From: Sent: To; 

### Subject:
Happy NewYear Ms. Bochiardy, JudithVaughan@faa.gov Thursday, January 02, 2014 12:39 PM Mary Bochiardy RE: Mary Bochiardy case

I have been authorized to extend the settlementofferto you until January 13,2014. 

### • AEA 141003/008

::,**~ ~**  ; '··'.7

.. c .•.

Please note thatthis extension is for settlement onlyand should in no way be interpreted as an extension ofappeal rights, which I previously mentioned, cannot betolled by me. According to my records, your appeal rights expire<! 15 days after you received the Final Notice of Proposed Civil Penalty. You received that document on November 18, 2013. Should you wish to acceptthe settlement, please notify me by January 13, 2014 via email and I will draftthe necessary documents_ Regards, Judith 

### L Vaughan Attorney Federal Aviation Administratiol) One Aviation Plaza Jamaica, NewYork 11434 (718) 553-3255 telephone SENSITIVE/PRIVILEGED COMMUNICATION: The information contained in this electronic message and any and all accompanying documents constitute sensitive information, attorney work product and/or information protected by the attorney-client privilege_ This information is the property ofthe Federal Aviation Administration_ Ifyou are notthe intended recipient of this information·, any disclosure, copying, distribution, or the taking of any action in reliance on this information is strictly prohibited, Ifyou received this message in error, please notify us immediately at the above number to make aiiangernents for lts return to us. 

### This message 

### is intended for 

### official use and may 

### contain SENSITIVE information_ Ifthis message contains SENSITIVE information, it should be properly delivered, labeled, stored and disposed ofaccording to policy_

1-rom:**~Mary** Bocl'liardy" <MaryBochi,.n:Jy@comcast.net> AEA-007, Office of Regional Counsel To· JUd1tn**V~ughan/AENFAA@FAA,** Dale. 1m112:013 04:02PM S't1bj.:ct: RE: Miuy Sochiardy case

Hi Atty V;:Jughan, ! will continue to try 10 get**acknowl~dgment** f'rom the othN**entitie~** you**sugg~sr** below by 1/6 bur due lu Lhe holid<Jy would you be willinsto extend the date to**r.h~** following week p!ca-s€7 

### Cheers! To a**~afe ~nd**  hsppy new yc;1rl

- Mary Bochiardy


### From: Judith.Vaughan@faa.gov (mailtq;l!Jdith.Vaughan@faa,go_','] Sent: Tuesday, December 31, 2013 1:04PM01/10/2014 18:07 FAX 2024835142 FAI, • AEI. 

### liiJ 004/008

To: Mary Bochiardy 

### Subject: Re: 

### Mary Bochiardy case Good afternoon Ms. Bochiardy, I cannot provide you with any legal advice. You may want to consult an attorney orthe DepartmentofTransportation for further assistance. Any offer ofsettlement outlined below will be rescinded upon the filing 

### ofany litigation connected with this matter. Should you not be able to resolve your concerns 

### by January 

### 6, 2014, please let me know. Regards,
Judith 

### L. Vaughan Attorney FederalAviation Administration One Aviation Plaza Jamaica, New York 

### 11434 (716) 

### 553-3255 telephone SENSITIVE/PRIVILEGED COMMUNICATION: The information contained in this electronic message and any and all accompanying documents constitute sensitive information. attorney work product and/or information protected by the attorney-client privilege. This information is the property ofthe Federal Aviation Administration. IFyou are not the intended recipient ofthis information, any disclosure. copying, distribUtion, orthe taking ofany action in reliance on this information is strictly prohibited_ Ifyou received this message in error, please notify us immediately atthe above number 

### to rnake arrangements for its return 

### to us. This message is intended for official use and may contain SENSITIVE inforrnation. Ifthis message contains SENSITIVE information, it should be properly delivered, labeled, stored and disposed ofaccording to policy_

I:torn:**~Mary** Boctllardy" <Ms.['LRQchi<Jrdy@cdmca.st.n'?J:;. AEA-007, Office of Regional Counsel To. D;;Je· Subject:Judith**Vaughan/A~FAA@FAA,** 12131/2013 12:50 PM

Mary Bochiardy case



### "!hanks for the 

### quick reply Ally 

### Vaughan_ l 

### appreciate the flexibility you have 

### oftcrcd hut 

### I would ask

## tormore time 

### since 

### I had assumed inconectly that Mr Rdgcl 

### had 

### submitted the**appe~l** 

### ns 

### Ihad**ret(U~sted** 

### back in 

### Novcmkr. 

### Also. Who would have thc authorityto 

### toll the 

### appeal right;? This may 

### be where I 

### should start 

### sinc·e that was my 

### direction when 

### asked hack !hen. 13cst**Reg~rds,** 

### Mary Boehiardy 

### marybochi\lr_c_l**v(iiimmca~t ·.!.~**  

### Mobile:n (}X6)24·0414

From· IO D.=;re· SUbJCd: Judith.**Vaughr:~n@f~.<~** gov Mary E 8ochlardyn-ampa!IBM@IBMUS.

12/31/2013 07:56AM

Re: Fw; Phone Call

2

### 01/10/2014 19:07 FAX 2024835142 FAA • AEA 

### lill 005(008

Good morning Ms. Bochiardy, I reviewed the communications 

### you provided below_ Priorto issuing the Final Notice, I reached outto Mr. Reigel to determine your interest in settling the matterfor $5,000 (payable over 3 years). That offerwas notaccepted and no further communications from you orMr. Reigel was received. As a result, the Final Notice was issued (for $7,700.00) with full appeal rights. Those appeal rights have now elCpired. The Order Assessing Civil Penalty issued on 12/12/13 and was received by you on 12/17113. I do not have the authority to toll the appeal rights to the Department ofTransportation (DOT). However, with that said, I would agree to renew my previous offer to you - $5,000 payable over 3 years to close out this matter. By doing so, you agree to acceptthe administrative findings ofviolation included in the Orderand notfila litigation connected wtth this matter atthe DOT. Ifthe $5,000 is not paid as a lump sum, you would be**~eQuired** to sign a promissory note. Once it issigned, I will issuean Amended OrderAssessing Civil Penalty. This offer is elCtended to you until January6, 2014. Thank you and happy newyear,

- Judith L. Vaughan

Attorney Federal Aviation Administration One Aviation Plaza Jamaica, New York 11434 (718) 553-3255 telephone SENSITIVE/PRIVILEGED COMMUNICATION: The information contained in this electronic message and any and all accompanying documents constitute sensitive information, attorney work product andior information protected by the attorney-client privilege. This information is the property ofthe Federal Aviation Administration. Ifyou are notthe intended recipient ofthis information, any disclosure, copying, distribution, or the taking ofany action in reliance on this information is strictly prohibited. Ifyou received this message in error, please notify us immediately at the above number to make arrangements for its return to us. This message is intended for official use and may contain SENSITIVE information_ Ifthis message contains SENSITIVE information, it should be proparly delivered, labeled, stored and disposed ofacconding to policy.

F1om: Mary E Sochiardy <moboctliCJ@us.ibfl!.r:nrl}::- AEA-007,**Offi~** of**Region~l** Counsel To. JUC1ith Vaughan/AE.AIFAA@FAA, Cc: marvboc!llarrly@r;.Qmcnst.nc-l llalo.**1~/2712013** 02:31 PM Subject: Fw: Phone Call

Hello Judith Vaughan, I received and error sending from 

### mycomcast mail account and trying you nowfrom my work address_ Please see below and advise at your convenience. Thanks and Happy New Year!
Best Regards.

3

### 01/10/2014 18:07 FAX 2024835142

., 

### .-

## ....
Mob!!e: 1-386-214·0414**C-m~oi!:** mebochia@us Jbm.c;,Q.r:n 

# ---- 

# ----- - 

# ---- 

# ---- -----**---~~-** 

## ------ ---·- 3031 N**Rot~ky** Poin1 DrWest Tompa. FL J3tiU7·5Ll7fl lJnired St8te.s 

### FAA

-Forwarded by Mary f:: 8ochii:lrdyffampa/IBM on 12/2712013 02.:26 PM-;--- Frnrn; To. Oote:**l;;;ubJ~:~:** "Mary Boehiardy"**<Marvfi'lq_IJt~rdY.@CP.DJ..caSt** 11el::o Mary E**Bochiardyff~mpafJBM@IBMUS.**

12127/2013**10~30** AM

FW: Phone Call

-Origin8l**M~ssoge--~--** From: M.:try BuGhlo.L·dy· l'fld :1t: \.l**:_!:1_,:~'C.YJ:.~0.:::.~·,_;** _··:l r**r_lyl~_(.:orT"_:,:l** ,:.t. t1c·t J Sent: 'T'Il8$dS.y, December 24,**201~** 5:21 PM To: 'JudiLt1.Vauqhan@taa.gov Subject: FW: Phone C,;.ll Importilnce: High Hl Judith, Merry**Chri.sLruci~l** + 

### AEA

lam -just c:lo...::;ing out my loose**cnd~:l** bcfOr'8 l gel away tor t:hc holidAyS and got the c:::moi 1 beck [.r·om Greg .saying he di.rl not submit the appo,1.l!! 1 {he d.id not take any aetion after I requl1St.e(j t.o pr·oceed to appeal

- You can**~ee** from the SLr'lnq below - I 01sked Cor lhis back in**NovG:!mbe'l':'~** __ I d,id receive a certifiAd letl.eJ.· from you last Fl'id.:l.y d'bout the fine butT am confused il!> to wbe.r·e Lhe lower ±inn**pr~wi** OlJS.l.y presented went? Since Greg is sww not reprcsP..nt1ng me, please advi.:::;c: o.t nE:xc**sL~IJ~** d.i.r·ectly. Thanks a Reg<J.rci::;**Cheer.~!** 

### M.JJ.'y Boc::hiardy ilki!**ybc•c.~:.+J.l n:!v(~:':ol'll** **:~,** ..; .1.

_ ·1f:': I. (386) 214-0414 

### -----Original Mcssaye----- l:'rorn: Greg R.P.igel r:•I:J.\.**to:~~::-C'i9l':~[~·~.::-~_:n~:r.l.i.';.b1.'"~-~~eo::;.c::or\\j** Sent: Tuc:Gdil.y, December 24, 201:1**3::~1\** PJI.'l 

### 'l'o: M8ry 

### Rochiardy Swbjecl: He: PhonP. C.=!.ll Mary: 1;1] 008/008

### 01/10/2014 18:07 FAX 2024835142 FAA

r· did nol file an**a.ppt~~11** _ Your last in.::.t.ruct:**i.on~** to me were t.har: you were going l'o pursue tht": <Jppedl un your own or 

### llsino a local attorney \NlW may be**HH.JL"E:~** cost**P.ffAc~r** i ve and I confirmed Lhetl l would not. hA doLnq anything 

### further on Li1e 

### matter. C:;re9 Reigel Reigel I,lJw Firm, Ltd. 921Mainstreet Hopkins, MN. 55315 PhonP.: 19.521 238-lOoll fox: (952) 

### 2:lH-1ogg 'l'w-itter:**@RcigolL~w** On Dct:: ?.'1, 2013, at 111=11, ''Mary Bochiardy''**<K.·li"Y!~o.crda::-::i:nt~:**..**.=_:!~·::J_;::,•** .rl•:•L> wrote:


### > Hi Greq, Any re.13!)C..H1Se on th.c i!.ppecll"(
> 

### -----Oriqinal Message-----**-~** fn>m: Mary no(:h i**~rdy ln;_,:._~-~-1**  JJ:**M~~ _r___y_~,~Ji..:!~_.l.o.~.5~Yl~:··orr~·~~** **~:;** l. • r1o;-l: 

### 1 >Sent: Fri.duy, November 7./., /.()1) 2:39PM 

### >To:**'G~ea** 

### Reigel' 

### > 

### SubjecL: RE: Phone Call > > IIi Greg, > Let.s just go with the Appeal..- 

### at least l can**prcs~nt** whal actually 

### > hClf)pened on thrlt fl i 'Jht in court.
__ 

### > >-----Original Message----- > From; Mcu:. y 1:l odli.'3 rdy I :_ri.-l j_**~-** :: o :**~~u2· yi_l_c_~::J:r**  1,,., r (:h**(~I '--~~-~!1\(;.:1**  :-;

### r__**~~~~r** 

### J > S<ent: Monday, NoV8wLeL 18, 2013 lO::n 1\M 

### > 'l'o: 'Grag Reigel' >Subject:**~~;** Phone**C~Ll** 

### > 

### > GM Greg, > l 

### lust tod.g,y 

### got a**notic~** 

### or certified delivery 

### that will be >**rcd~liverd** tomorrow hopafully. 

### > Once qct the leLLer ln my hanrl , opened and 

### rcv.lewed, l will raspond 

### > wlth my nA>.:t .step. > The 15-dciy clock sh011ld not start until 1 din ln reccipt of Lhe 

### > letter
... not when t.he FAA office mailed it. > > -Mo.ry
> 

### -----Original Messaqe----- 

### > .1:-'.r:um: Grog**R~** i ge1 fm-:1**~-** L**~g**_=_9
.**.:C.::~J-** \il.:>**~-; L'(J.~-~~-!,'1**  l :>n J
_ _::. i**~=f-'-·~;.** cr:.rn l >Sent: ThuL'.s-day, NovcmhE=!.r lt1, 2013 2:37PM 

### > 'T'o: 1 Mary Bochiurdy' >**Subj~ct:** PhonA Call 

### >

> So..t'..ty I missC'ld yotJ.(' call. I Wi=lS t ..i.ed up 

### in a**mP.8t~ng** lhat went long. 

### > T Qm in**th~.:~** olfice the rest of the afternoon. f-'lf;;!a:,;e give me ?.1 C":.=!l! > when you gE:>t a chiJ.ncc

_ 

### > Th;mk..s. 

### > > Greg Roigel > Rei.gel Law Firm, Ltd./ 

### > Aero Legal .Services 

### > 921**MainsT.rf?.~.l.** 5 

### 141007/008

### 01/10/2014 18:07 FAX 2024835142

>. Hopkin,;, 1'1N 55343 > Phono: (9o2) 238-1060 

### > F'axo 1952) 2]8-1099 

### > W'N'N.**d~r:ol-':-qaJ ;:-;.:=;~·:v1**  r.:t···:-1,**,~om** >Twitter·:·**-·e·Rcig-elLa~----** 

### > > FAA • AEA 141008/008

6Reigel LawFinn, Ltd., an Aviation LawFirm

Reigel Law Firm, Ltd. 921 Mainstreet, Hopkins, MN, 55343 Tel (952) 238-1060 Fax (952) 238-1099 Email: info@aerolegalservices.com



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# ·--I search Greg Reigel Greg is an aviation attorney, author and pilot. He holds a commercial pilot certificate with an instrument rating and can fly single-engine land and sea, as well as multi-engine land aircraft. His practice concentrates on aviation litigation, including insurance matters and creditor's rights, FAA certificate actions and transactional matters. He is admitted to practice 'law in Minnesota and Wisconsin and advises clients nationally and internationally on aviation law matters. Greg gives his clients information and alternatives so they can choose options that best meet their needs and objectives. The aviation industry is highly regulated and can be very technical, but Greg's experience allows him to "speak the language" and save his clients time and money. A cum laude graduate of William Mitchell College of Law, Greg is the founder and president of the Reigel Law Firm, Ltd./Aero Legal Services based in Hopkins, Minnesota. He is an Adjunct Professor at William Mitchell College of Law and has taught the Business Law Clinic and Advocacy courses. Greg's articles have appeared in Private Pilot, The Midwest Flyer, the Lawyer-Pilot Bar Association Journal and the American BarAssociation's Air and Space lawyer. He frequently speaks to groups on aviation and business law issues. Greg is a member of the AOPA Legal Services Panel, secretary of the Minnesota Aviation Trade Association and a member of the NTSB Bar Association, National Business Aviation Association, Minnesota Business Aviation Association, ABA-Forum on Air & Space Law, Lawyer-Pilot Bar Association and Experimental Aircraft Association. ©Reigel Law Firm, Ltd.-Aero Legal Services 2002-Present. All rights reserved.

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