In The Matter Of: 

CLELIA AYALA 

Respondent 

SERVED: July 30, 2013 

U.S. DEPARTMENT OF TRANSPORTATIONOFFICE OF HEARINGS 

WASHINGTON, DC 

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DocketNo. FAA-2012-0910 

Case No. 2010S0290061 

ORDER DENYING 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 Relief was filed. Among other things, 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 ofthe record; and also set a June 21, 2013 deadline 

for the pro se Respondent, Ms. Clelia Ayala, to file a written reply (if any). 

On June 13, 2013, the FAA filed the Complainant's (Administrator's) Response to 

Respondent's Oral Motion for Non-Disclosure of the Entire Record. 

On Friday, June 21, 2013, the prose Respondent failed to file a reply. 

On Sunday, June 23, 2013, prose Respondent emailed a staff attorney at the Office of 

Hearings (OH), asking when her reply was due. 

On Monday, June 24,2013, the OH staff attorney emailed both the FAA and the 

Respondent, advising both parties that the Respondent's June 23, 2013 email inquiry had been 

received. The OH staff attorney also advised the parties that the Respondent's June 21,2013 

deadline had passed, but that the 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. 

Later that same day, on Monday, June 24, 2013, the prose Respondent emailed both the 

OH staff attorney and the FAA. The Respondent acknowledged that her deadline was passed, 

and asked what she should do. The OH staff attorney immediately replied to both the FAA and 

the Respondent, and referred the Respondent back to the email providing her instructions on how 

to file a late reply. · 

On Friday, June 28, 2013, the Respondent emailed the OH staff attorney, and asked how 

to find the two regulations that had been discussed during the June 11, 2013 Telephone Motion 

Conference. 
That same day, on June 28, 2013, the Respondent filed by email her Response to 

Opposition of Complainant ("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 staff attorney responded to the Respondent's June 28, 

20 13 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, on July 1, 2013, the FAA filed the Complainant's (Administrator's) 

Motion to Strike to Respondent's 'Response to Opposition of Complainant' as Untimely 

("Motion to Strike"). 

BRIEF DISCUSSION 

The FAA is correct that the Respondent's Reply was not timely filed. (Mot. to Strike, 2.) 

However, the prose Respondent asserted in her June 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 with how to write 

responses. (Reply, 1). 

It should be noted that the Respondent's seven (7) days delay after the deadline did not 

cause any alleged or discernible harm to the FAA, and the Respondent did provide minimal good 

cause grounds to support her delay in filing a Reply. 

Pursuant to 14 C.P.R. §13.205 and §13.218, and after reviewing all pleadings and 

documents, as well as all relevant caselaw, decisions, regulation, statutory authority, and being 

fully advised; 

IT IS HEREBY ORDERED: 

1. The FAA's July 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 of2 
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 2W10001 

Mr. William P. Vines, Esq. 

Complainant's Counsel 

ONE COPY 

Federal Aviation Administration, Southern Region 

Office of the Regional Counsel, ASO-7 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

Ms. Clelia Ayala 

Respondent 

11175 Georgia Avenue, Apt. 603 

Wheaton, MD 20902 

TEL: 305-588-9397 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey 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 or by 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.