Sep.21.2015 08:17 AM Ayers 

Walter L. Ayers 

Co-Coun..1·til jbr Re.,pondenl 

Ayers Law Firm, P,L.L.C. 

I J 12 N. Monroe St., Suite 133 

Spokane, WA 99201 

15094741998 

COPY 

U.S. DI:!PARTMUNT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASIUNGTON, DC 

In 'l'he Matter Or: 

PAGE. 1/ 8 

) 

) 

) 

) 

) 

) 

Docket No. FAA-2014-01 16 

JOSEPH MARIDON, Sit 

Case No. 2012WPI90142 

Respondent 

.Judge .1. E Sullivan 

RESPONDENT'S SHOW CAUSlt STATEM!!:NT l'lJRSUANT TO ORDF.R OF 

AlJ<aJST :Z9, 2016 AND RI•;SERVATION <WRIGHTS 

Pursuant to the ALJ's Order of August 29, 2016 Respondent hereby states: 

l. Counsel f(Jr each party C<lnfcrt•cd at length r~gurding the AL.J's order of .June 29, 2016, 

which included inter alia the rcguircmcnt ofiiling a Joint Case Status Report by August 12, 

2016. 

2. The undersigned, Walter Ayers, Co-Counsel for Respondent, offered to draft the Report 

and on or ab(JUt July 13, 2016, sent u draft to Counsel tbr the Complainant tbr review, 

3. At\er some editing and further discussio11s the parties agreed that the Ofll.cc of the FAA's 

Regional Counsel in Runton, W A. would tile tl1e final version of the report. 

4. The report was due August 12.2016. 

5. The staff of that oJllcc placed the Joint Case StatliS Report in the regular mail on August 

10, 2016, us noted on the curtilktlle ol'scrvicu und 1m cnvdope in Respondent's p\)Sscssion 

postmarked the same date. 

6. The undcr8igncd, and Respondent received thuir eopics it1 the United Stut~:s Mail on A>~gust 

11,2016. 

7. The entry on rcgulations.gov indicates that it was Hie stamped on August 25, 2016. The 

Respondent is unable to usccrtuin why this document was tile stamped on that date and not 

on an carl icr dale. 

8. Nonetheless, the above rcicrencl.ld filing was filed in compliance with 14 CFR l3.2!0(a)(2) 

and (b), whivh states; § 13.21 0 Filing of documents. 

(a) Addrcs~ and method of filing. A person tendering a document fm l:lling shull 

personally dclivur or mail the ~;igncd (lriginal and on~ copy of each document to th<> 

Hearing Docket using the appropriate address: 
Sep.21.2015 08:18AM Ayers 15094741998 PAGE. 2/ 8 

(2) lf delivery is via U.S. Mail: Federal Aviation Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430, 

Wilbur Wright Building- Suite 2WI 000. 

(h) Date of filing. A document ~hall he con~idered to be flied on the date of personal 

delivery; or if mailed, the mailing date shown on the certificate of service, the date shown 

on the postmark if there is no certificate of service, or orher mailing date shown hy other 

evidence if there is no ct\rtificate of service or postmark 

9. The Court has direct"d that the deadlines set forth in the order of August 25,2016 arc 

the date that the documents,., . ._, date stamped received by the Oft1ce of' Hl:larings 

I 0. It should be noted that Respondent subsequently sent documents to the (!caring Docket 

Clerk On Allgust 16, 2016 Those documents w<;re sent by United States M<til at additional 

cost to Respondent for "Signature Confirmation" Those documents were signed for two 

days lat'-lr by "A Carver" (m August 18, 2018 at 12:22 p.m. The tracking sheets from the U. 

S. Postal Service indicate they were delivered to the other addressees including the Court 

on August 18, 2016. Exhibit I conf'irms that the II curing Docket staff in fact rL-ccivcd them 

on August I 8, 2016. 

II, It appearH that the .Joint Case Status Report should also have been received within 2 days 

(on August 12, 2016) and i1le stamped the same day. Exhibit I does not reflect any reason 

for <I delay between the date the Joint Status Report should have heen rec~ivcd (August 12, 

20 16) and August 25, 20 16 the date that it was stamped received, 13 days later. In u 

telephone conversation on September I 9, 2016 at approximately 9:32 a.m. the author of 

Exhibit I was unable to account for the delay. 

12. Tbe Respondent is unable to ascertain why the Hearing Docket Clerk should have received 

the Joint Case Status RcpMt on August 12, 2016 and date stamped it us received on the 

same day. That should be the responsibility of the Hearing Docket Clerk, and the 

FAA/DOT FDMS. 

13. This is the second lime that Respondent has lwd probkms with the FAA regarding 

timeliness issues in this case. Please KCc, Respondents Reply to FAA's Opposition to 

Motion to Dismiss and Request to find Opposition Timely Filed, filed June 7, 2014. 

In that instance the FAA also did not fully account lor its fuilure to timely til~ u respon~e. 

14, Additionally, th~ Change of Address for Co-Counsel is not r"'Oectcd in the FDMS. On 

August 2, 2016, (\}-Counsel for Respondent Joseph R. Maridon, Jr., sent, via U. S. Mail, a 

change of address form to the Hearing Docket Clerk. Exhibit 2. He thereafter, did not 

rece.ive a copy of the Order of August 29, 2016 and did not receive a copy of the same (it 

should be noted that Co-(\>unsol Waller Ayers sent a change of address five days prior on 

July 28, 2016 and confirmed that it was received by the Court on August 3, 2016, it is not 

reflected on regulations.gov) 

15. It should be further noted that On September I, 2016 The Office of the FAA's R"gional 

Counsd in Renton, W A. sent COMPLAINANT'S SllOW CAUSE STATEMENT 

PURSUANT TO ORDER OF AUGUST 29,2016 via FED EX to the undersigned and the 

Hearing" Docket. It was also fuxcd to the Hearing Docket. Counsel for Rr;;spondent 

received it on September 2, I 016. The lux vorsion is J><>stcd on r<lgulations.gov and file 

stamped on Septembe~ 2, 2016. 
Sep.21.2015 08:18AM Ayers 15094741998 

16. The undersigned has. to dnte, never had any issues receiving correspondence from the 

Office of the [lAA's Regional Counsel in Renton, Washington in a timely fashion whether 

by U.S. Mail, telephonically or electronically. 

PAGE. 3/ 8 

17. Respondent is informed and believes that it is the normal procedure for Office of the FAA's 

Regional Counsel to fax copies of' all documents Hied with the I !caring Docket Clerk, but 

that was not done in this instance due to administrative oversighl. (It should be noted that 

while this was a recommended procedure in the Order of' .June 29,2016 it was not required; 

service by U.S. Mail was required) 

18. The Respondent's Counsel and the Ollicc of' the FAA's Regional Counsel in Renton, WA, 

in good faith and fact complied with the Order of June 29, 2016. 

19. Respondent is unable to ascertain whether any other DOT![lAA component has complied 

with that order. 

20. The l~cspondent wi~hcs to proceed with this Ill litter. 

RESEIWATION OF HWHTS 

On September 29,2016 this case will be 4 year~ old. The Court has noted that the file in this case 

is incomplete. Respondent is unable lo ascertain why this is. Rc,;pondent has attempted to insure 

the record is complete by duplicate tiling. Respondent therefore reserves the rlght to Move to 

Dismiss this action due to failure to prosecute and laches based on the malfeasance, nonfeasance 

or mislcasancc of the 11AA/J)()'I l1DMS/ Docket Management Staff, which hllS apparently caus~d 

the undue delay and confusion lor the Respondent and the Court in this case. Respondent is 

prejudiced thereby, Rcspond<.:nl docs not have the resources to independently investigate and 

verily specifically the failurc(s) within that ~ystcm that arc rusponsiblc for the dcl<ty and Htilurc to 

Hie the documents submitted or upload them into regulations.gov. 

Respondent further affirmatively socks aid of the Court to ascertain the actual cause of the delay 

in this case due to the additional costs that have been and will be will be incurred by Respondent. 

The civil penalty sought in this case is $5.000.00. The costs to the Respondent and the time spent 

by the FAA aln.:ady far exceed that amount. Not to mention the emotional toll on Respondent due 

to the delay. 

Respondent respectfully suggests that Show Cause statements be r<.:quircd of those responsible 

pcrsonnd in the FAA/DOT rDMR/ Docket Manag~m<.>nt Staff directing them to <Jxplain to the 

court's satisfaction why they <trc unable to determine why there was a 13 delay in tiling lhc Joint 

Case Status report. Respondent further r<:qucsts that the Com1 consider dismissing this case if the 

reasons given arc inade<.Juat~. 

Resp~y submitte . / . 

~-t)~-J:::a.~.--------'9o?.&I/Q 6 

Walter L Ayers Date 

Attorney at Law 

Co-Cvun.~·(J/ j<.)r R'wpondent 

Ayers Law Firm, P.L.L.C, 

1312 N. Monroe St., Suite 133 

Spokane, WA 9920) 

81 .Josarh R. Maridon, Jr. 

Mr. Joseph R. Maridon, Jr. 

Respondw'"ll 's Co- Cvun,\'1// 

Attorney at Law 

Muriclon l.aw Firm 

50S . .Iones Blvd., Suit~ I 02 

Las Vega~. NV 89107 

Sept. 20,2016 

Dale 
Sep.21.2015 08:18 AM Ayers 

u.s. Oopartmanl 

or Lran~toporta~on 

Federal Aviation Adminiutratlon 

Oflloe of Adjudlooflon 

September 16,2016 

J£ Sulliv~n. Adrninistrutivo Law Judg0 

Office of llearing,, M-20 

Dcp~rtment ofTransportatio11 

12()0 New Jersey Avenue, Sf; (E11"310) 

Washington, DC 20590 

15094741998 PAGE. 

600 lndependenco Avo., S,W,, suite 2W1000 

Wt~shlrJgton, D.C. 20~91 

R•: )Jl tho M~!ter o.f)\!~-~p_b.Jvfarido11..$r.,.EPMSN!! .• J!AA-2011:.0J ~ 

Dear Judge Sullivan: 

l spoke \o Walter Ayers, the attorney representing Josoph Maridon, Sr,, in the above-rctcrencod matter, 

about four document• that he had liled with the FAA Bearing Dockot, but which do not appear on 

regulati<;>M.&V.l'· The l'•'AA Hoaring L)(lckct rect•ivod each of those documents and forwarded thom to the 

DOT Docket Management Sta~f for uploading to r.~gyJ~tiQ!t'U~Q..'C as follows: 

1. Molton to Dismiss. Rcspomlcn\ ~en\ tho Murion to the FAA He"ring Docket on May 28, 2014. 

The FAA Hearing Docket received i\ on June 3, 2014, and Sell! a scanned copy of it by email to 

the DOT Docket Mar,agcmcnt Stall' on June 3, 2014, •nd again on J1tne 11, 2014. 

2. Respomlerll 's Reply to FAA '• Oppo.<ltion to Motion to Dismiss and Request to .1'/nd Opposilio11 

Timely Filed. Respondent sent rhe Reply to the PAl\ Hearing Povl<cl on June 30, 2014, The 

FAA Hearing Docket received it on July 7, ZO \4, and sent " scnnne<l copy of it vin email to the 

POT Docket Management Stalf ou July 8, 2014. 

3. Respondmt 's Opposition lu Compiaincml '·'' Motion for Partial Doci.vion (Summary Judgment), 

Respondent sent the document to tho fAA Hearing Dockt>t on Octobor 30, 2014, Tho FAA 

Huaring Oockct rccoiwd it on Uctob~r 30, 2014, and sent a scanned copy of it m the DOT Docket 

Management Staff on October 3 I, 20 14. 

4, Respond(m/ ~~~· Second lrfotiorr to Dismis~f j(rf Violation of He,~·twndent 's R.ighls under the UnUed 

States Cvmtilulion (Errata With li.<hlbit,l}. Rospond<ltlt sent this d<>cumont to the FilA Heating 

Docket on January 7, 2015. The FAA Hearing Docket received the document on January 7, 

2015, and sent u scanned coJ'.J' of it to the DUT Docket M~nagomeLlt Staff on January 9, 2015. 

The I' AA Hearing Docket re-sent each of these four documents h\ the DOT Docket Management Stall' 

today, llach document boars either tho Heating Docket's "received by" date stamp ot the received dnte 

from the PAA Hearing Docket's FAX machine. 

EXHIBIT 1 

4/ 8 
Sep.21.2015 08:19 AM Ayers 15094741998 

ln addition, tho 11AA Hct•dng Docket rccciv~d • pMkngc O<ltltllirilng additional c<>pies of tho'"' four 

documents on August 18, 2.016. The FAA Hearing Docket sent a scannt:d copy <>f this group of 

document~ to the DOT Docket Management Staff today. 

If you have any questions about th~s~ docurno111.s or need information about other documents that were 

!il<.>!l in the FAA Hearing Pocket in this case, you may cor!lact me ui202·267-04J5, 

Sincerely, 

.1}/a;\'/~U-<'e·<•:;h::J Vicki. S'~n \C:. 

Senior Atton1cy. AGC-70 

Cc: David F. Sh•ync, Hs~., l'AA (by U.S. M"il and email) 

Walter Ayers, Esq. (by lJ .S. Mail and umu.il) 

PAGE. 

EXHIBIT 1 

5/ 8 
Sep.21.2015 08:19 AM Ayers 15094741998 

LJ.S DEPi\RTMKNT OF TltANSPORTA'flON 

OFFICE OF HEARINGS 

,J(ISeph R. Marltlon, Sr. 

Rc9pondcnt 

W i\SlllNGTON, DC 

l)()CKET NO, FAA·l0l4-1Jll6 

Cus.- No. 20UWPl9014l 

Judge .1. };, Sullivan 

PAGE. 6/ 8 

NQTI($ OF CHANGE: m· ADRBESS Of' Rl~~!'ONUt:N'['S CO-C()liNSEL MARU)()N 

P'lt:liSC take rwtice tbm the address and contact information 1~11' Respondent's Co-Counsel, 

Jo'!<lph R, Mtll'idon, Jr. hu~ d1nngcd. 

Old Address: 

J<>seph R. Maridon, Jr. 

The Marldcm Law Firm 

6130 Elton Av~, 

Las Vegas, Nevadu 89107 

Telephone: 702-514-010:! 

Facsimile: 702-4\Q .. (\396 

Ern11il: jmarid(lll@nutddllnhnv.~om 

Respectfully ~ubmitted. 

-~··"'''_,.. __ , .. , .. ~ .................. -..7 

~.::·~~: ... : .... ·::~. . ... ~ .... ~-=:,::::::=.~.::.~::~=-:·"-"" 

""''"'''lon~ph R. Marhhm, .lr. 

Attorney 111 Luw 

(\)·Coun~cl 1~1r Respondent 

SO S. Jonea Blvd., Suite I 02 

Las Vegas, NV 891()7 

DATED: August 2. 2.016 

Ntw Adc.lress: 

.Joseph R. Maridon, Jr. 

The M11rldon Law Firm 

50 S •. Jones Blvd., Suit.- 102 

Las Veg11~, Nevada 89107 

'Tulcphone: 702·514·01()2 

Fu.c~lmilc: 702-410-6396 

l':m~il: jrnuridon(a)maridonlaw,corn 

EXHIBIT 2 
Sep.21.2015 08:19 AM Ayers 15094741998 PAGE. 7/ 8 

f'F.Rl'!t'!CATE Of S!i'!WICE: 

I hel'ehy c.:nify tl1ut th~ t<m:going NOTICF OF CHANGE OF ADDRESS OF 

RESPONDENT'S CO-COI.INSEL MARIDON bas been ,;erv.:d viti U.S. Mall po5tuge pre·paid 

on August:.>. 2f'116 l<l the follllWing: 

ORIGINAL & ONE COPY 

Fed~ral Aviation Administration 

800 Independence A venue, 8. W. 

Wa~hington. DC 2059 I 

Attention: .Heuring ()ocket Clerk. MK'···l30 

Wilbur·· Wright Huilding·Sllite 2W 1000 

ONE COPY 

Tht: Hooorublc J. E. Sullivan. Administrnlivc L<IW Judg" 

Office of Hearings, M-20 

U .8. Dcpartmcm of Transportation 

1200 New Jersey 1\venu~. S,E. (1!.11-J 10) 

Washington, DC 20590 

David Shaytle. Complairuun's Couns~l 

Oflice of the Regional Coun~cl 

Federal Aviation Administl'alion 

Western·Pacific R~gion 

1601 Lind Ave., SW 

Renton, W A 9H057 

CC VlA I' AX: 4~5-227 -I 007 

Walter L. Aycr:; 

Attorney at Law 

Ayet·~ l,llW Firm. l',[,.L.C'. 

1312 Nnrtb Monroe Street 11133 

SpokMe, WA Q920 I 

CC VIA Email; WALTER@A YP,RSLAWFIRM.NET 

2 

EXHIBIT 2 
Sep.21.2015 08:19 AM Ayers 15094741998 

[)ockct No. l'AA·2014-0I 16 (Civil t>cnnlt.y Action) 

CERTIFICAH~ OF SERVICE 

I hereby certity thnt the RESI'ONDI\NT'S SIIOW CAUSE STATl.::MFNT PURSUANT 

TO ORDl,:I\ OF AlJGlJS'T 29,2016 AND RI.•:SFRVATION OF IUCIIITS (with ExhibitH) 

have been served by placing the s<~me in the U.S. Mail postage pre-paid as well as 

r.·:xpeditcd Courier (Fl.-:DEX), !.•:-Mail and FAX as noted h<.:low to the l~Jilowing: 

OIHGINAL & ONE COPY 

VIA Expedited Courier (FEIH;X), 1~-Mnil and J•'AX 

Federal Avitttion Administration 

600 lndeptmdcncc A v c n u c , S. W, 

Washington, DC 20591 

Allcnlion: llcaring Docket Clct·k. i\OC-430 

Wilbur Wright Buitding--SLdtc 2W1 000 

(CC via: FAX (202) 267-1293) 

VIA U.S. M11il 

Federal Aviation Admin i strution 

800 Independence A v c n u c, S. W, 

Washington, DC 20591 

Attention: llenring Docket Clerk, i\GC-430 

Wilbur Wright Building--Suite 2W1000 

ONE C01'V 

U. S. MHil11nd J? AX as noted 

Mr. David F. Shayne 

Complainant's Couns<'i 

Fcdo1·al Aviation /\drninistration 

Offkc of the Regkmal Coun~el 

1601 Lind !\ vc. SW 

Judge .I.E. Sullivan 

liS .. Administrative Law Jud)';e 

Office of Hearings, M-20 

lJ .S. Department uf Transportation 

PAGE. 8/ 8 

Renton, W A 98057 

TEL: 425-227-2165 

1200 New Jersey Avenue, S .. E. (E 11-31 0) 

Washington, DC 20590 

CC via: ~'AX: 425-22 7 ·I 007 

Mr. Jo~cph R. Maridon. Jr. 

Re.1·pmui<ml ·.,. Co- Counsel 

Attorney at Law 

Mat·idon I.Atw Firtn 

50S. Jones BlvJ., Suite 102 

Las Vegas. NV 89 I 07 

Joseph Maridon. S r 

R~spondent 

9212 H. Frederick Ave 

Spokane, W A 99206-4303 

TEl.: 202-3M-6941 

CC via: FAX: 202-366-7536