U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Mary E. Bochiardy 

2011EA170066 

Judge Not Assigned 

AGENCY'S MOTION TO DISMISS LATE-FILED APPEAL 

COMES NOW the Agency, the Federal Aviation Administration, by and through its designated and 

authorized representative, the Regional Counsel for the Eastern Region, and his designated and 

authorized representatives, to move to dismiss the Respondent's late-filed appeal. In the alternative, 

should the late-filed appeal be accepted, the Agency moves that its complaint be accepted as herein 

filed. The basis 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 Exhibit B. 

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 or before November 5, 2013, Attorney Reigel received the Final Notice of Proposed 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 of November 

14,2013. See Exhibit E, page 6. 

1 
6. On November 18, 2013, the Respondent received the Final Notice of Proposed Civil Penalty 

through delivery by mail. Respondent acknowledged receipt of the Notice by signing and 

returning the U.S. Post Office certified mail receipt. 1 See Exhibit F. 

7. The Final Notice of Proposed 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 hearing no later 

than fifteen (15) days after receipt of the Final Notice of Proposed 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 by certified mail, return receipt requested and upon Attorney Reigel by first class 

mail. See Exhibit G. 

1 L On or before December 17, 2013, Attorney Reigel received the Order Assessing Civil 

Penalty. See Exhibit D. See also 14 C.F.R. 13.211(e). 

12. On December 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 on her behalf. See Exhibit E, page 5. 

14. On December 30, 2013, Attorney Reigel filed his withdrawal of representation of 

Respondent. See Exhibit H. 

15. On January 8, 2014, the Respondent filed her request for a hearing with the Department of 

Transportation (DOT). The hearing request was forwarded to the Agency on January 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 a hearing was filed by Respondent 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 Respondent received the Order Assessing Civil Penalty. 

18. By reason of all of the above, Respondent's request for a hearing was not timely filed. 

19. Respondent has not offered any good cause or sufficient explanation for the delay in filing 

her hearing request. 

20. Allowing the Respondent to proceed with her late-filed appeal contravenes principles of 

administrative and judicial economy and efficiency as a final Order Assessing Civil Penalty 

has already issued. 

21. If the Administrative Law Judge accepts the Respondent's late-filed appeal, the complaint 

enclosed herein should be accepted for filing. 

I. Respondent's Appeal is Not Timely Filed and She Has Not Provided Good Cause For 

the Delay in Filing. 

At all times throughout the proceeding Respondent was represented by an attorney, 

experienced in aviation legal proceedings. See Exhibit J. "Where a respondent is represented by 

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 on or 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, 20 l3 - 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 of November 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 of tl1e 

fact that she was represented by counsel, 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 

Lightning Aircraft 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 of Aviation Resources Inc., 

.CP02EA0006 (2002). Both she and her attorney received the Order Assessing Civil Penalty by 

December 17, 2013. See Exhibit G. The Order clearly sought the immediate payment of the full 

amount of the civil penalty ($7,700.00) and informed them that Respondent had "exhausted [her] 

right to seek review of the validity or amount of this 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 upon her 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 at best, without merit. 

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 of the 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 

Department has long held that "[p ]rocedural rules must be enforced in a non-arbitrary manner to 

ensure the integrity of the 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 on this /11f day of January, 2014, copies of the 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. Mary E. Bochiardy 

1450 Sunset Point Blvd. 

Clearwater, Florida 33755 

~JI~ 1aJ.Hooks . 

Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

6 
{In Archive} Mary E. Bochiardy, Docket No. 2011 EA 170066 

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 

Greg Reigel, Esquire 

Reigel Law Firm Ltd. 

Aero Legal Services 

921 Mainstreet 

Hopkins, MN 55343 

Eastern Region 

Regional Counsel 

Re: No. 2011EA170066- Mary Bochiardy 

Dear Attorney Reigel, 

1 Aviation Plaza 

Room 561 

EXHIBIT 

Jamaica, NY 11434 

Telephone: (718) 553-3255 

Facsimile: (718) 995-5699 

On July 2, 2013, an informal conference to discuss the above-captioned matter was held and 

settlement terms were explored. Today, you indicated that your client may be financially unable 

to pay the civil penalty as previously discussed. 

I am enclosing a standard financial statement of debtor form. To demonstrate your client's 

inability to pay, please have her complete the entire form, sign it andreturn it to me. Please 

return the form by All.gll.st i6; ioii ····-·- . 

Sincerely, 

ALFRED R. JOHNSON, JR. 

REGIONAL COUNSEL 

Enclosure 
Re: Bochiardy No. 2011 EA 170066 

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 lower than previously discussed. If Ms. Bochiardy is interested in settling the matter at this time for 

$5,000 (payable over time- 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 of the Federal 

Aviation Administration. If you are not the intended recipient of this information, any disclosure, copying, 

distribution, or the taking of any action in 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. If this 

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 if you 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 Judith Vaughan/ AEA/F AA] [attachment 

"Bank Register. pdf' deleted by Judith Vaughan/AEA/FAA] 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3255 

Facsimile: 718 995-5699 

CERTIFIED MAIL -RETURN RECEIPT REQUESTED 

Ms. Mary E. Bochiardy 

1450 Sunset Point Blvd. 

·Clearwater, Florida 33755 

Docket No. 2011EA170066 

1 Aviation 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 Federal Aviation Regulation(s) by reason of the 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 off all electrical devices. 

3. Notwithstanding the above, during the flight, you operated a portable 

electronic device. 

4. Specifically, you operated a cellphone while a flight crewmember 

was providing passengers with a mandatory safety briefing. 

5. Further, during the above-described flight, you interfered with a 

crevvmember in the performance of the 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 

instruct you to turn off the cellphone. 

7. In addition, the flight crewmember was required to stop her briefing 

and provide notification of your conduct to another crewmember. 

8. When the flight crewmember returned to complete the mandatory 

safety briefing, you were once again operating a cellphone. 

9. The flight crewmember repeated her instruction to you to turn off the 

cellphone. 

10. You responded that you "wrote the rules, and I know what interferes 

and what does not interfere" or words 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) 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 

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 an aircraft being operated under this part. 

b. Section 121.306(a), which states that except as provided in paragraph (b) 

of this 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 operating under this 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 must be sent to the undersigned 

FAA attorney. Your request must be dated and signed, in accordance with Section 

13.16 of the Federal Aviation Regulations, sent to you with theNotice of Proposed 

Civil Penalty (14 C.F.R. 13.16). 

You may pay the proposed penalty by submitting a certified check or money order 

payable to the "Federal Aviation Administration," to the undersigned. 

In the alternative, you may pay your civil penalty with 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 of the 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 uy i..:t. Ull t..:aJu. _._, U Ill Lll~ 

-- 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 Selection Form 

3 
cc: Greg Reigel, Esquire 

Reigel Law Firm, Ltd. 

Aero Legal Services 

921 Mainstreet 

Hopkins, MN 55343 

4 
Regional Counsel for the Eastern Region Date 

Federal Aviation Administration 

l Aviation Plaza 

Jamaica, NY 11434 

Ms. Mary E. Bochiardy M 2011EA170066 

Subject: Final Notice of Proposed Civil Penalty 

Response Attachment 

In reply to your Final Notice of Proposed Civil Penalty, I elect to proceed as indicated by my check mark beside the numbered 

paragraph below: 

LU 

2.U 

I hereby submit the amount of the proposed civil penalty with the understanding that an Order Assessing Civil Penalty will 

be issued in that amount. 

I hereby request a formal hearing in accordance with Section 13.16 of the Federal Aviation Regulations. 

By sending this form to the Federal Aviation Administration, Eastern Region, I also hereby 

certify tbat a copy of this form has been filed with tlie Hearing Docl<et Cieri< (Jlearing Docket, 

Federal Aviation Administration, 800 Independence Avenue, S.W., Room 924A, Washington, 

DC 20591, Attention: Hearing Docket Clerk). 

**Please note that you will not be entitled to a hearing ifvou file this form with the Federal Aviation Administration Eastern Region 

WITHOUT having filed this fOrm or a written request for a hearing with the HEARING DOCKET CLERK. 

MY ATTORNEY/REPRESENTATIVE 

Signature 

Name: 

Address: Firm: 

Address: ________ _ 

Phone No. _______ _ Home Phone No.~----

Business Phone No. ___ _ 

PRIVACY ACT NOTICE 

This notice is provided in accordance with Section (e)(3) of the Privacy Act, 5 U.S.C. §552a(e)(3), and concerns the information 

requested in the letter or form 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 of lhe Code of Fcderai Reguiaiions. Submission of the 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 of records may be disclosed in accordance with the routine uses as 

they appear in System of Records No. DOT/FAA 847 as published from time to time in the Federal Register. 

D. Effect of Failure to Respond. If you do not provide the requested information, there may be delay in contacting 

you regarding this enfOrcement case. 
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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Mary E. Bochiardy 

20 11EA170066 

Judge Not Assigned 

DECLARATION OF JUDITH L. VAUGHAN, ATTORNEY, 

FEDERAL AVIATION ADMINISTRATION 

To the best of my information and belief, 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, New York. 

2. On October 29, 2013, aFinal Notice of Proposed. 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 received by Respondent on November 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, New York. 

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 

Greg Reigel. 

6. The certified mailing was received by Respondent 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, New York. 

I declare under the penalty of perjury that the foregoing is true and correct. 

Executedthis/~ dayofJanuary,2014 ~~K}4:~ UdithitfVlll;gh~ 

Attorney 

Federal Aviation Administration 
RE: Mary Bochiardy case 

Mary Bochiardy 

to: 

Judith Vaughan 

01/08/2014 07:05PM 

Hide Details 

From: "Mary Bochiardy" <MaryBochiardy@comcast.net> 

To: Judith Vaughan/AEA/FAA@FAA, 

1 Attachment 

imageOOI.gif 

Hello Ms. Vaughan, 

l just wanted 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 of our 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 your time, patience and consideration on this matter I 

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 New Year Ms. Bochiardy, 

I have been authoiized to extend the settlement offer to you until January 13. 2014. 

Please note that this extension is for settlement only and 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 I will draft the 

necessary documents. 

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. If you are 

not the intended recipient of this information, any disclosure, copying, distribution, or the taking of any action in 

:tlle://C:\U sers\J udith V au:zhan \AooData\Local\T emo \1 \notesFFf 692\~web91 07 .htm 11911014 
Page 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. If this message contains SENSITIVE information, it should be 

properly delivered, labeled, stored and disposed of according 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 A tty Vaughan, 

! wil! continue to try to get acknowledgment from the other entlties you suggest below by 1/6 but due to the holiday 

would you be wiHing to extend. the date to the following 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 or the Department of 

Transportation for further assistance. 

Any offer of settlement 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. If you are 

not the intended recipient of this information, any disclosure, copying, distribution, or the taking of any action in 

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. If this message contains SENSITIVE information, it should be 

properly delivered, labeled, stored and disposed of according to policy. 

lile://C:\U sers\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 quick reply Atty Vaughan, 

I appreciate the flexibility you have offered but 1 would ask for more time since I had assumed 

inconectly that Mr Reigel had submitted the appeal as I had requested back in November. 

Also, 

Page 3 of6 

Who would have the authority to toll the appeal rights? This may be where l should start since that was 

my direction when asked back then. 

Best Regmds, 

Mary Bochiardy 

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 offer was 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 Order Assessing 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 of Transportation (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 accept the administrative findings of violation 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, I will 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: I U sers'oJudith V aughan\AppData\Local\T emp\ 1\notesFFF 692\-web91 07 .htm 1/9/2014 
One 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. If you are 

not the intended recipient of this information, any disclosure, copying, distribution, or the taking of any action in 

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 

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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 my work 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,,;, 12/27/201310,30 AM 

s~bi'C'ct FW: Phone Call 

file://C:\Users\Judith Vauu]um\Ap Data\Locai\T ern \I \notesFFF692\-web91 07 .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 :\U sers\J uditl1 Vaughan \AppData \Local\ T emp\1 lnotesFFF 6921~web91 07 .htm 

Page 5 of 6 

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\Judith Vaughan lA Data\LocaliTem 11 lnotesFFF692\~web9107.htm 

Page 6 of6 

1/9/2014 
EXHIBIT 

F 

II Complete items 1, 2-, and 3. AlsO complete 

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so that we can return the card to you. 

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- -1.- Article Addressed to: 

7009 0820 0002. 1758 

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If YES, enter delivery address 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 for Track & Confirm as listed below. 

Current Track & Confirm e-mail information provided by the U.S. Postal Service. 

Label Number: 70090820000217584719 

Service Type: Certified Mail'" 

Shipment Activity 

Delivered 

Notice Left 

Depart USPS Sort Facility 

Processed through USPS Sort Facility 

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Processed through USPS Sort Facility 

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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 

November 2, 2013 11 :50 am 

November 2, 201-3 

November 2, 2013 3:15am 

November 1, 2013 

November 1, 2013 2:34pm 

October 30, 201 '3 

October 30, 2013 11:28 pm 

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

U.S. Department 

of Transpor'<ation 

Federal Aviation 

Administration 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3255 

Facsimile: 718 995-5699 

CERTIFIED MAlL- RETURN RECEIPT REQUESTED 

Ms. Mary E. Bochiardy 

1450 Sunset Point Blvd. 

Clearwater, Florida 33755 

· Docket No. 20 11EA170066 

1 Aviation Plaza 

Jamaica, NY 11434 

ORDER ASSESSING CIVIL PENALTY 

G. 

On October 29, 2013, you were advised by mail through a Final Notice of Proposed 

Civil Penalty of the reasons why we proposed to assess a civil penalty in the amount 

· of$7,700.00. · 

After a consideration of all the available information it has 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 by flight crewmembers to tu.1n off all electrical devices. 

3. Notwithstanding the above, during the flight, you operated a portable 

electronic device. 

4. Specifically, you operated a cellphone while a flight crewmember 

was providing passengers with a mandatory safety briefing. 

5. Further, during the above-described flight, you interfered with a 

crewmember in the perfonuance of the crewmember' s duties aboard 

t.he aircraft being operated. 
6. Specifically, the flight crewmember that was providing the 

mandatory safety briefmg, was required to stop her briefing to 

instruct you to turn off the cellphone. 

7. In addition, the flight crewmember was required to stop her briefing 

and provide notification of your conduct to another crewmember. 

8. When the flight crewmember returned to complete the mandatory 

safety briefing, you were once again operating a cellphone. 

9. The flight crewmemberrepeated her instruction to you to tum off the 

cellphone. 

10. You responded that you "wrote the rules, and I know what interferes 

and what does not interfere" or words to that effect. 

11. After the mandatory safety briefmg 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) 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 

Aviation Regulations: 

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 aboard an aircraft being operated under this part. 

b. Section 121.306(a), which states that except as provided in paragraph (b) 

of this 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 operating under this part. 

NOW THEREFORE, IT IS ORDERED, pursuant to 49 U.S.C. §46301(a)(5), that 

you be and hereby are assessed a civil penalty in the 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 of Accounting, 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. In the alternative, you may pay your civil penalty with a credit card over the 

Internet. To pay electronically, visit the web 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 of the 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 in this Order constitutes a debt owed to the United States. You have 

now exhausted your right to seek review of the validity or amount of this debt. If 

thi.s debt is not paid in full within thirty (30) days of your receipt of this 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 of this Order, at a fixed 

annual rate of 5% along with an administrative charge of $12.00 per month, 

representing our costs of administrative collection. Furthermore, if the full amount 

assessed is not paid in full within one hundred and twenty (120) days of your receipt 

of this letter, we are required to assess an additional penalty·at an annual rate of 6% 

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 of this debt may ultimately result in referral to 

a collection agency, the Department of the Treasury, the Internal Revenue Service, 

the United States Departn1ent of Justice or, if applicable, to a Federal Agency for 

offset of debt against federal pay. 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Judith L. Vaughan 

Attorney 

cc: AMZ-310-EA 

Greg Reigel, Esquire 

Reigel Law Firm, Ltd. 

Aero Legal Services 

921 Mainstreet 

Hopkins, MN 55343 

3 
7013 1090 0002 3027 4496 

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lliil Complete items 1 ~ ,z,, and._ ;t ... AJ.so complete 

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1111 Print your name .·and .address on the 

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111 Attach this card to the back of the 

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i. Article Addressed to: 

D. Is delivery address different from ftem i? 

If YES, enter delivery address below: D No 

/;u. r~M~u f' jtelt/1/)d;, 

JL/JO:tuc.lf2n;_l~,;"{.~,==~= .. =:=_ ====== 

. {4,21Jdftifzc; ,::ft,_cc'ttij 

2. ! 

( 7013 1090 0002 3027 4496 

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;i· ~.::!::~j.:::;. f:~i () ~::;;i{) i 

Federal Av.ation Administration . Lastem Region . Regtonal CnunseliAEA-7 

\ .\,,al\un P aza 

Jam<uca. NY 11434 

I; j 'I' I j ·li· .Ill i .. l,ll h• lilJIJIII• !l jl' ',j ,I"' I I' ll.liJ' iiJI" 
USPS.com®- USPS TrackingTM 

~USPS.CO/V{ 

Enter up to 10 Tracking t;Find F,_-1 UC:P''> :o.ot'cn· 

Gi·tJ·,,-o" 

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Product & Track.ing Information 

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httpK:i/tools.usps.com/go/TrackConfirmA_ction?qtc tLabels 1 =70 1_1 1 090000/l0!7.:1J.a,:; 
RE: Phone Call 

Greg Reigel 

to: 

Judith Vaughan 

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 1 of 4 

EXHIBIT 

II 

Attached please find some communications from Ms. Bochiardy that were sent to me unsolicited. At this point, I am not sure 

whether or not you still represent her. Will you kindly inform me of the status of your 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, 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 attorneyclient privilege. This information is the property of the Federal Aviation Administration. If you are not the intended recipient of 

this information, any disclosure, copying, distribution, or the taking of any action in 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. If this message contains 

SENSITIVE information, it should be properly delivered, labeled, stored and disposed of according to policy. 

file://C:\Users\Judith V aughan\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: 

PHONE NIIMHER: 

718~553-3255 ' 

RE: 

OFFICI<: OF THE CHIEF COUNSEL 

FEDERAL AVIATION ADMINISTRA 

800 INDEPENDENCE AVENUE, 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 

TOTAL NO. 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 D PT,I·:Mil·: IU:~'L'i D PLEASE RECYCJ,P, 

NOTES/COMMENTS: 

lg] 001/008 
01/10/2014 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- Suite 2Wl000 

Washington, DC 20591 

AttentiQ\1: Hearing R.!l.~~.et Clerk, AG{;:Ij30 

To All. 

• I.EA 141002/008 

Please forgive me as I am now representing myself and floundering to get someone to help me appeaL 

I wish to appeal and I have attached proof that I had requested my original counsel to submit back on 

November 22, 2013 via email. 

In summary, I had replied to my (then) attorney to go ahead and submit to appeal after Atty. Vaughan 

settlemem offer was not acceptable to me. This is highlighted in the printout dated 11/22/13 to Greg 

Reigel from me. When 1 asked for the status of the case, Atty. Reigel stated he did not file in my behalf 

and when I engaged A tty Vaughn, she indicated the time to appeal had expired. 

I am happy to deal with Atty. Judith Vaughan as she has been very flexible with regard to this claim, 

however, I am not guilty and wish to proceed to appeal as my original attorney did not present 

(or represent) 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 New Year 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 settlement offer to you until January 13,2014. 

• AEA 141003/008 

::, ~ ~ ; '· ·'.7 .. c .•. 

Please note that this extension is for settlement only and 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 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 accept the settlement, please notify me by January 13, 2014 via email and I will draft the necessary 

documents_ 

Regards, 

Judith L Vaughan 

Attorney 

Federal Aviation Administratiol) 

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_ If you are not the 

intended recipient of this information·, any disclosure, copying, distribution, or the taking of any action in reliance on this 

information is strictly prohibited, If you 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_ If this message contains SENSITIVE information, it should be properly delivered, labeled, stored and 

disposed of according 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 1:04PM 
01/10/2014 18:07 FAX 2024835142 F AI, • AEI. liiJ 004/008 

To: Mary Bochiardy 

Subject: Re: Mary Bochiardy case 

Good afternoon Ms. Bochiardy, 

I can not provide you with any legal advice. You may want to consult an attorney or the Department ofT ransportation for 

further assistance. 

Any offer of settlement outlined below will be rescinded upon the filing of any 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 

(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 of the Federal Aviation Administration. IF you are not the 

intended recipient of this information, any disclosure. copying, distribUtion, or the taking of any action in reliance on this 

information is strictly prohibited_ If you received this message in error, please notify us immediately at the above number 

to rnake arrangements for its return to us. This message is intended for official use and may contain SENSITIVE 

inforrnation. If this message contains SENSITIVE information, it should be properly delivered, labeled, stored and 

disposed of according 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 tor more time since I had assumed inconectly that 

Mr Rdgcl had submitted the appe~l ns I had ret(U~sted back in Novcmkr. 

Also. 

Who would have thc authority to 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_ 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 offer was 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 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 of Transportation (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 accept the administrative findings of violation included in the Order and not fila litigation connected wtth this 

matter at the DOT. If the $5,000 is not paid as a lump sum, you would be ~eQuired to sign a promissory note. Once it issigned, I will issue an Amended Order Assessing Civil Penalty. 

This offer is elCtended to you until January 6, 2014. 

Thank you and happy new year, 

- 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 of the Federal Aviation Administration. If you are not the 

intended recipient of this information, any disclosure, copying, distribution, or the taking of any action in 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_ If this message contains SENSITIVE information, it should be proparly delivered, labeled, stored and 

disposed of acconding 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 my comcast mail account and trying you now from 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 Dr West 

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.:tr y BuGhlo.L·dy· l'fld :1 t: \.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 odl i.'3 rd y 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 ge 1 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;m k..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 

6 
Reigel Law Finn, Ltd., an Aviation Law Firm 

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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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 Bar Association'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. 

http://ww-w .aerolegalservices. com/Who W eAre!Rcigel.shtml 1!15!2014