In The Matter Of:
AERO TECH, LLC
Respondent 

### SERVED: August 17, 2016
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC
) ) ) ) ) ) Docket No. FAA-2016-4270

Case No. 2015WA910115

ORDER TO SHOW CAUSE
OnMay 11, 2016, the undersignedjudge issued an Initial Procedural Order inthe above captioned case. The order required, inter alia, the parties to appear by telephone for a prehearing conference with the undersignedjudge on August 16, 2016 at 1 pm Eastern time. 1 

### An attorney ·fromthe office ofthe Respondent's counsel appeared. The Complainant did not appear. In accordance with 14 C.F.R. § 13.205(a)(1), an administrative lawjudge is empowered to holdprehearing conferences. The FAA Administrator previously noted: [t]he Administrator expects that the parties will comply with orders issued by an ALJ during the hearing stage ofa proceeding. Ignoring an ALJ's orders cannot be countenanced in an orderly system ofadjudication.2 The Complainant is therefore reminded that failure to follow the undersigned administrative law judge's orders without good cause may result in sanctions.3 Moreover, continued failure to participate in the 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 in participating in these proceedings.4

1This same order required the parties to file ajointreport by July 25, 2016. The parties complied with this portion ofthe order and indicated their receipt ofthe Initial Procedural Order in their Joint Report. 2AmericanAirlines, Inc., FAA Order No. 2002-15, at 9 (May 20, 2002). 3 See id ("Parties who disregard the ALJ's orders do so at their 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."). 4 See, e.g., IAL Power Supply, Docket No. CP01S00015 (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); Blankson, Docket No. CP97EA0024 (FAA Sep. 11, 1997) (ALJ found failure to respond to previous orders as grounds for constructive withdrawal), aff'd, FAA OrderNo. 98-21 (Oct. 9, 1998). See also InsteadBalloonPursuant to 14 C.F.R. 

### § 13.205(a)(1), (6), and (7), 

### IT IS HEREBY ORDERED: 1. No later 

### than September 6, 2016, the Complainant shall file a statement explaining the
cause oftheir failure to appear atthe preheating conference as directedbythe Initial Procedural Order. 2. Ifthe Complainant fails to file this statementby the above deadline, the**unders~gned** judgemay issue a subsequent order finding the Complainant has constructively withdrawn from these proceedings and, pursuant to 14 C.F.R. 

### § 13.215, dismiss the case withprejudice.

Attachment: Service List DOUGLAS M. RAW ALD Administrative Law Judge

Services, FAA OrderNo. 1998-23, at 3 (Nov. 24, 1998) (affirming ALJ's decision to find constructive withdrawal for a party's failure to appear at a hearing);ApolloA & HS Company, FAA OrderNo. 2011-4, at4 (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
- BYU.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 2W10005



### Aero Tech, LLC, Respondent 

### 5333 E. 

### 21 51 

### Street Clovis, NM 88101 Stephen Doerr, Respondent's Counsel 

### DOERR & 

### KNUDSON, PA 212 West First Street Portales, NM 88130 TEL: 575-359-1289 FAJ(: 575-359-1898 Kyle Lomazow, Complainant's Counsel 

### Office ofthe Regional Counsel FAANorthwest Mountain Region 1601 Lind Ave. SW, ANM-7 Renton, WA 98057 TEL: 425-227-1847 FAJ(: 425-227-1007 ONE COPY



### 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 FAJ(: 202-366-7536 DocketNo. FAA-2016-4270 (Civil Penalty Action)

5 Service was by U.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 2W.IOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.