In The Matter Of: CLELIA AYALA Respondent 

## SERVED: July 30, 2013 U.S. DEPARTMENT OF TRANSPORTATIONOFFICE OF HEARINGS WASHINGTON, DC ) ) ) ) ) DocketNo. FAA-2012-0910 Case No. 2010S0290061



### ORDERDENYING THE FAA'S MOTION TO STRIKE AND ACCEPTING THE RESPONDENT'S LATE-FILED REPLY On June 12, 2013, an Order Setting Motion Deadlines Regarding Respondent's Motion for Non-Disclosure and Granting/Denying Other Reliefwas filed. Among otherthings, this Order set a June 14, 2013 deadline for the FAA to file a response to the

### prose Respondent's June 11, 2013 oral motion for non-disclosure oftherecord; and also set a June 21, 2013 deadline for the

### pro se Respondent, Ms. CleliaAyala, to file a written reply (ifany). OnJune 13, 2013, the FAA filed the Complainant's (Administrator's) Response to Respondent's Oral Motion for Non-Disclosure ofthe Entire Record. OnFriday, June 21, 2013, the

### prose Respondent failed to file a reply. On Sunday, June 23, 2013,

### prose Respondent emailed a staffattorney at the Office of Hearings (OH), asking when her reply was due. On Monday, June 24,2013,the OH staffattorney emailedboththe FAA andthe Respondent, advising bothparties that the Respondent's June 23, 2013 email inquiryhadbeen received. The OH staffattorney also advised the parties that the Respondent's June 21,2013 deadline had passed, butthatthe Respondent could still file a late reply with an explanation as to why the deadline had been missed. The FAA could also choose to object to any late-filed response. Laterthat same day, on Monday, June 24, 2013, the

### prose Respondent emailed boththe OH staffattorney and the FAA. The Respondent acknowledged thather deadline was passed, and asked what she should do. The OH staffattorney immediately replied to boththe FAA and the Respondent, and referred the Respondent back to the email providing herinstructions onhow to file a late reply. · On Friday, June 28, 2013, the Respondent emailed the OH staffattorney, and asked how to find the two regulations that hadbeendiscussed during the June 11, 2013 Telephone Motion Conference.That same day, onJune 28, 2013, the Respondent filed by email her Response to Opposition ofComplainant ("Reply"). The Respondent included in this June 28, 2013 Reply an explanation for why her Reply had been filed seven (7) days late. On Monday, July 1, 2013, the OH staffattorney responded to the Respondent's June 28, 2013 email, and advised both the Respondent and the FAA by email what the regulations were, and provided a website link for the parties' easy access. That same day, onJuly 1, 2013, the FAA filed the Complainant's (Administrator's) Motionto Strike to Respondent's 'Response to Opposition ofComplainant' as Untimely ("Motionto Strike").

BRIEF DISCUSSION The FAA is correct that the Respondent's Reply was nottimely filed. (Mot. to Strike, 2.) However, the

### prose Respondent asserted in herJune 28, 2013 Reply that English is her second language. As a result, she needed to take more time to read, research, and write a reply. She also asked for leniency for her late filing, on the grounds that she was unfamiliar withhowto write responses. (Reply, 1). It should be noted that the Respondent's seven (7) days delay afterthe deadline did not cause any alleged ordiscernible harm to the FAA, and the Respondent did provide minimal good cause grounds to support her delay infiling a Reply. Pursuantto 14 C.P.R. §13.205 and §13.218, and afterreviewing all pleadings and documents, as well as all relevant caselaw, decisions, regulation, statutory authority, and being fully advised;

ITIS HEREBY ORDERED: 1. The FAA'sJuly 1, 2013 Motion to Strike is denied. 2. The Respondent's June 28, 2013 Reply is accepted and will be considered.

Attachment: Service List

Page 2 of2SERVICE 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-Suite2W10001

Mr. William P. Vines, Esq. 

### Complainant's Counsel ONE COPY

Federal Aviation Administration, Southern Region Office ofthe Regional Counsel, ASO-7 P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 Ms. CleliaAyala 

### Respondent 11175 GeorgiaAvenue, Apt. 603 Wheaton, MD 20902 TEL: 305-588-9397 Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2142 FAX: 202-366-7536 FDMS NO. FAA-2012-0910 (Civil Penalty Action)

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