In The Matter Of: 

Seahawk Air, Inc. 

Respondent 

SERVED: May 17, 2016 

U.S. DEPARTMENT OF TRANSPORTATION . 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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Docket No. FAA-2014-0865 

Case No. 2011NM730060 

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ORDER TO SHOW CAUSE AND PROVIDE REQUESTED INFORMATION 

On April 4, 2016, the undersigned judge 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 a joint report to the undersigned judge within 30 days of 

that order. 

On May 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 law judge is empowered to 

regulate the course of a 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 of a proceeding. Ignoring an ALJ's orders cannot be countenanced in an orderly 

system of adjudication. 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 in the proceedings as directed by the undersigned judge may be deemed a 

constructive withdrawal of the request for. hearing or complaint by the party demonstrating such 

a lack of interest in participating in these proceedings. 3 

1 American Airlines, 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 permitted by the Rules of Practice that the ALJ imposes against a party for that 

behavior."). 

3 See, e.g., IAL Power Supply, Docket No. CP01S00015 (FAA Aug. 7, 2001) (ALJ construed Respondent's silence 

as a constructive withdrawal of request 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), it is 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 information requested in the Order 

Directing the Parties to Meet and Confer Regarding Litigation and Scheduling Issues. 

3. If the Respondent fails to file this statement by the above deadline, the undersigned judge 

may issue a subsequent order finding the Respondent has constructively withdrawn from 

these proceedings and, pursuant to 14 C.P.R. § 13.215, dismiss the case with prejudice. 

~----- DOUGLAS M. RAW ALD 

Administrative Law Judge 

Attachment: Service List 

Blanks on, Docket No. CP97EA0024 (FAA Sep. 11, 1997) (ALJ found failure to respond to previous orders 

constituted constructive withdrawal), aff'd, FAA Order No. 98-21 (Oct. 9, 1998). See also Instead Balloon 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 at the hearing without good cause); Apollo A & HS Company, FAA Order No. 2011~4, at 4 

(Jan. 14, 2011) ("Apollo's failure to appear at the hearing and to pursue its request for hearing without good cause 

constituted a constructive withdrawal of its 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 2W1 0004 

John L. Wright, Respondent's Counsel 

The Law Office of John 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 of the Chief Counsel 

Enforcement Division- Western Team 

222 West 7th A venue, Box 14 

Anchorage, AL 99513-7587 

TEL: 907-271-5264 

TEL: 425-227-2914 

FAX: 425-227-1007 

The Honorable Douglas M. Rawald, Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

Docket No. FAA-2014-0865 

(Civil Penalty Action) 

4 Service was by U.S. Mail. For service in person or by 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.