In The Matter Of: Seahawk Air, Inc. Respondent 

### SERVED: May 17, 2016 U.S. DEPARTMENT OF TRANSPORTATION
. OFFICE OF HEARINGS WASHINGTON, DC ) ) ) ) ) DocketNo. FAA-2014-0865 Case No. 2011NM730060 .. r

ORDERTO SHOW CAUSE AND PROVIDE REQUESTED INFORMATION OnApril 4, 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. OnMay 3, 2016, the Complainant filed a unilateral report, stating that his attempts to meet and confer with Respondent had failed. The Respondent failed to submit a report or request for additional time before the deadline. In accordance with 14 C.P.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 wHI 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. 1 The parties are therefore reminded that failure to follow the undersigned administrative law judge's orders without good cause may result in sanctions? Moreover, continued failure to participate inthe proceedings as directed by the undersignedjudgemaybe deemed a constructive withdrawal ofthe request for. hearing or complaintby the party demonstrating such
a lack ofinterestinparticipating in these proceedings.3

1AmericanAirlines, Inc., FAA Order No. 2002-15, at 9 (May 20, 2002). 2 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 permittedby the Rules ofPractice that the ALJ imposes against a party for that behavior."). 3 See, e.g., IAL PowerSupply, DocketNo. CP01S00015 (FAA Aug. 7, 2001) (ALJ construed Respondent's silence as a constructive withdrawal ofrequest for a hearing), appeal dismissed, FAA Order No. 2002-10 (Apr. 17, 2002);Pursuant to 14 C.P.R. 

### § 13.205(a)(1), (6), and (7), 

### itis 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 in their statement the informationrequested inthe Order Directing the Parties to 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, pursuantto 14 C.P.R. § 13.215, dismiss the case withprejudice.



# ~----- DOUGLAS M. RAW ALD 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, 1998) (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,** at4 (Jan. 14, 2011) ("Apollo's failure to appear at the hearing andto 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

John L. Wright,Respondent's Counsel The Law Office ofJohn L. Wright, P.C. 11705 Airport Way, Suite 307 Broomfield, CO 80021 TEL: 303-747-4000 FAX: 303-747-4001 ONE COPY

Kyle M. Lomazow, Complainant's Counsel Federal Aviation Administration Office ofthe ChiefCounsel Enforcement Division- Western Team 222 West 7th Avenue, Box 14 Anchorage, AL 99513-7587 TEL: 907-271-5264 TEL: 425-227-2914 FAX: 425-227-1007 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-2014-0865 (Civil Penalty Action)

4 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

**Buildin~Suite** 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.