In The Matter Of: 

### SERVED: May 17,2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

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DocketNo. FAA-2015-0634 IXL Premium Lubricants, Inc. ) ) ) ) ) Case No. 2014NM720059 Respondent


### ORDERTO SHOW CAUSE AND PROVIDE REQUESTED INFORMATION On April 6, 2016, the undersignedjudge issued an Order Directing the Parties to Meet and Confer Regarding Litigation and Scheduling Issues in the above captioned case. The order required, 

### inter alia, the parties to submit ajointreport to the undersignedjudge within 30 days of that order. On May 6, 2016, the Complainant filed a unilateral report, stating that his attempts to meet and confer withRespondent had failed. The Respondent failed to submit a report orrequest for additional time before the deadline. Inaccordance with 14 C.F.R. § 13.205(a)(6), an administrative lawjudge is empoweredto regulate the course ofa hearing. As previously noted by the FAA Administrator: [t]he Administrator expects that the parties will comply with orders issued by an ALJ duringthe hearing stage ofa proceeding. Ignoring an ALJ's orders cannot be countenanced in an orderly system ofadjudication. 1 The parties are therefore reminded that failure to follow the undersigned administrative law judge's orders without good cause may result in sanctions. 2 Moreover, continued failure to participate inthe proceedings as directed by the undersignedjudge may be deemed a constructive withdrawal ofthe request for hearing or complaint by the party demonstrating such
a lack ofinterest inparticipating in these proceedings.3

1AmericanAirlines, Inc., FAA OrderNo. 2002-15, at 9 (May 20, 2002). 2 See id. ("Parties who disregardthe ALJ's orders do so attheir own peril because the Administrator on appeal will uphold any reasonable sanctions permittedbythe Rules ofPractice that the ALJ imposes against a party for that behavior."). 3 See, e.g., IAL PowerSupply, DocketNo. CPOIS00015 (FAA Aug. 7, 2001) (ALJ construed Respondent's silence as a constructive withdrawal ofrequest for a hearing), appeal dismissed; FAA OrderNo. 2002-10 (Apr. 17, 2002);Pursuant to 14 C.P.R.§ 13.205(a)(1), (6), and (7), it is hereby ORDERED: 1. No later than

### June 1, 2016, the Respondent shall file a statement explaining the cause of their failure to comply with the Order Directing the Parties to Meet and Confer Regarding Litigation and Scheduling Issues. 2. The Respondent shall include intheir statement the informationrequested inthe Order Directing the Partiesto Meet and Confer Regarding Litigation and Scheduling Issues. 3. Ifthe Respondent fails to file this statement by the above deadline, the undersignedjudge may issue a subsequent order finding the Respondent has constructively withdrawn from these proceedings and, pursuant to 14 C.P.R. § 13.215, dismiss the case withprejudice.



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**c..,..D~Ot:_U_G~L~A~S:::M~. RA~W~A:::L:::D::::::==::::-----....._**  Administrative LawJudge
Attachment: Service List

Blankson, DocketNo. CP97EA0024 (FAA Sep. 11, 1997) (ALJ found failure to respond to previous orders constituted constructive withdrawal), aff' d, FAA OrderNo. 98-21 (Oct. 9, 1998). See also InsteadBalloon Services, FAA Order No. 1998-23, at 3 (Nov. 24, i998) (affirming ALJ's decision to find constructive withdrawal when a party failed to appear atthe hearing without good cause); ApolloA & HS Company, FAA OrderNo. 2011-4, at 4 (Jan. 14, 2011) ("Apollo's failure to appear atthe hearing and to pursue its request for hearing without good cause constituted a constructive withdrawal ofits request for hearing.").SERVICE LIST - BY U.S. MAIL ORIGINAL & ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W10004
ONE COPY 

### Jordan Olsen, Head ofOperations IXL Premium Lubricants, Inc., Respondent 

### 2719 North 1600 West Pleasant View, UT 84404 TEL: 801-732-8885 Glenn H. Brown, Complainant's Counsel 

### Federal Aviation Administration Office ofthe ChiefCounsel Enforcement Division- Western Team 222 W. 

## ih Avenue, Box 14 Anchorage,AJC 99513-7587 TEL: 907-271-5271 FAX: 907-271-2800 The Honorable Douglas M. Rawald,Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2015-0634 (Civil Penalty Action)

4 Service was byU.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.