### In The Matter Of: 

### SERVED: August 25, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2014-0116 JOSEPH MARIDON, SR. ) ) ) ) ) 

### Respondent Case No. 2012WP190142



### ORDERCANCELLING THE PRE-HEARING STATUS CONFERENCEAND DIRECTING THE PARTIES 

### TOFILE SHOW CAUSE STATEMENTS On June 29, 2016, an Order Setting a Pre-Hearing Status Conference and a Deadline for the Parties to File a Case Status Report was filed. Among otherthings, this June 29, 2016 Order directed the parties to engage in a Status Conference on or before July 29, 2016 to discuss the multiple issues in this pending case, and file ajoint Status Report about those issues on or before August 12, 2016. (June 29, 2016 Order, 1-2 §§ 

### A-C, 3111-2.) In the alternative, the parties could each file a unilateral Status Report. 

### (Id. , 2.) After filing the Status Report, the parties were to convene for a Pre-Hearing Status Conference with the Court on Wednesday, August 31, 2016, at 1:30 p.m. Easterntime, to discuss the content ofthe Status Report and what further adjudication needed to be scheduled. (Id. 

### at 4,5.) On August 12, 2016, the FAA and the Respondent, Joseph Maridon, Sr., failed to file a joint Status Report. In addition, neith~rllhe

### 1 F

NA··nb}-'the Respondent's co-counsel filed a unilateral Status Report. Neither party moved for an extension ofthe court-ordered deadlines. On August 18, 

### 2016, the Respondent filed with the undersigned copies ofthe following Respondent documents: 1) May 28, 2014 Motionto Dismiss; 2) June 28, 2014 Respondent Reply to FAA's Opposition to Motionto Dismiss and Request to Find Opposition Timely Filed; 3) 

### October 30, 2014 Respondent's Opposition to Complainants Motion for Partial Decision (Summary Judgment); and, 4) January 7, 2015 Respondent's Second Motion to Dismiss 

### for Violation ofRespondents Rights Under the United States Constitution (Erratta)

- With Exhibits).In the Respondent's attached Certificate ofService, the Respondent certified thatthese documents had also been filed with the FAA Hearing Docket. As oftoday's date, neither the FAA nor the Respondent has filed a Case Status Report or offered any explanation for why they h~yetyf?4i~dfi ~pmply withthe Court's June 29, 2016 Order. 

### A. BriefDiscussion The Court "speaks through the language ofits orders." 56 Am. Jur. 2d

### Motions, Rules, and Orders§ 42 (2013). In its orders, the Court may "grantor deny specifiedrelief' regarding a disputed matter, and/or "direct a party to take or to refrain from taking action."

### Id A Court's order is a "mandatory directive for parties to comply with its dictates." 

### Id. Thus, ifthe Court directs a party to take action, the party must do so, in the manner specified by the Court. 

### Id. The Court's order mustbe obeyed "until it is reversed, modified, or set aside." 

### Id. § 55. As noted inthe.June 29, 2016 Order, this case was reassigned to the undersigned on March 21, 2016. 1 Shortly thereafter, this Court notified the parties that multiple motions they had served each other, priorto the case being.reassigned, were missing from the official hearing · ri}, ··;!.J.f:l.tf~l·,;,;:}. ('.i record. (June 29, 2016 Order, 1-2.) l{ursuant 

### fo lifC'.F.R. §§ 13.205, 13.217, and 13.221, this Court directed the parties to perfectthe official record, meet informally to discuss the status of the case, andthen prepare and file a Case Status Report based onthat meeting. The content of this Case Status Report, due on orbefore August 12, 2016, was to include (but was not limited to) a report onthe status ofthe parties' pending motions and discovery, the parties' preferred calendar availability for hearing, and any other matters the parties wished to address with the Courtregarding the status ofthe case litigation. (Id. at 1-4.) However, as noted above, neitherthe FAA nor the Respondent filed a Case Status Report, nor did eitherparty contactthe Court to request an extension ofthe court's deadline. It is deeply troubling to this Court thatthe three attorney representatives inthis case have failed to comply with the directives contained in the Court'sJune 29, 2016 Order. This noni 

### ,!·· '.

..

## t.1rt,.+c''.~r:;;
I Reassignment occurred afterthe previouslyas.signed

# j~\i~dp~~anently left the Office ofHearings. Page 2 of6responsiveness, on its face, is contraryto the express expectations ofthe FAAAdministrator, the the aviation community, and the public that these cases be adjudicated "expeditiously."2 Such non-responsiveness also appears to violate the fundamental responsibilities ofa lawyer, who must not only serve his client as a representative, but also act as "an officer ofthe legal system and a public citizen having special responsibility for the quality of justice."Model Rules of Prof1Conduct, Preamble

## ,r 1 (Am. Bar Ass'n 1983). As explained in detail in the Model Rules' Preamble, and in the Model Rules themselves, a lawyer'sresponsibility is not limited to tb.~ role ofan advocate. A lawyer also serves as an i. {{\. • : .,~t i~i./ ·: -~;~"i· \ ; "officer ofthe court" and as "apublic citizen·

### with:special responsibility for the quality of justice."

### Id. Among other things, this means that a lawyer has an obligation to respond promptly and competently to court orders, as part ofthe lawyer's responsibility to uphold the rule oflaw and the legal system. This helps preserve not only our system of justice, but also the public's confidence in the court's authority and decision-making process. Every lawyer is responsible for observance ofthe Rules ofProfessional Conduct. A lawyer should also aid in securingtheir observance by other lawyers. Neglect ofthese responsibilities compromise the independence ofthe profession and the public interest which it serves. Id. 

## ,r 12. Thus, not only should a lawyerbe "competent, prompt, and diligent" in all "professional functions" 

### Id. 

## ,r 4, but a lawyer should also demonstrate "respectfor the legal system and for those who serve it, includingjudges."/~.

## ,r_;:s.- t 1 -~·

.. ·i( i;\1~ ':P It should further be noted that as part ofour unique legal system, the courthas inherent authority to enforce its own orders and compel compliance with them. 56 AmJur 2dMotions, Rules, and Orders§ 57 (2013).

2 When the FAA's Rules ofPractice, 14 C.F.R. Part 13, Subpart G ("FAA Rules"), for civil penalty adjudication were adopted, the FAA Administrator recognized the public's need for "swift" FAA prosecution ofcases. 55 Fed. Reg. 27549 (July 3, 1990) (Discussion ofFinal Rule). The FAA Administrator also assured the aviation community and the public that it was the FAA's goal to ensure "a fair adjudication" that would be conducted "expeditiously." Id

.. Page 3 of6

..·(Courts of justice are universally acknowledged to be vested, bytheir very creation, with power to impose silence, respe~t, and decorum, in theirpresence, and submissionto their lawful mandates. · ·. , · 

### Chambers v. NASCO, Inc., 501 U.S. 32, 43 (1991). This universal power allows the court to "manage its own affairs" in orderto achieve the "orderly and expeditious disposition ofcases." Federal Procedure L. Ed.,§ 62.796-798 (2014); 

### Linkv. Wabash R. Co., 370 U.S. 626, 630-631 (1962)(the courthas powerto control proceedings.) 

### It is generally recognized that a trial court has inherent power or authority to control or manage its trial calendar, or its docket, orthe disposition ofcases on its docket. A trial court has inherent power to take whatever reasonable actions are necessary to maintain control ofits docketand may exercise its inherent powerto ensure that it functions efficiently and effectively to provide the fair administration of justice andto control its docket with economy oftime and effort. A trial courthas a duty to maintain control of the docket and to ensure the efficient disposal ofthe court's business, including the duty to require the parties to ·prosecute their suits with diligence. Thetrial coutthas the inherent powerto manage thejudidial

### ·aff airk1that arise during the proceedings in its courts and the inherentpowei:to: controli~ne proceedings in its court. Itis vested withthe authority to manage its affairs in order to achieve the orderly and expeditious disposition ofthe cases. The management ofa trial calendar is among the most difficult ofalljudicial assignments, and, consequently, the widest discretion must be given to...[ the court]
... in carrying out this enormously difficult function. 75 Am. Jur. 2dTrial§ 21 (2016)(citations omitted) This power ofthe trial courtto control its docket is also codified in the FAA's Rules of Practice, which specifically provides discretionary authority for the court to "regulatethe course ofthe hearing." 14 C.F.R. 

### § 13.205(a)(6); 

### See e.g., 14 C.F.R. §§ 13.218(f)(l) ("Motionto dismiss for insufficiency"), and 75 A Am. Jur. 2d Trial§ 782 (2016)(the very essence ofa court's inherent powertojustly administerthe proceedings is demonstrated whenthe court dismisses an action for lack oflegal sufficiency). In the instant case, all three attomeyrneprclseiJttatives failed to comply withthe June 29, 2016 Order. The parties have failed to confirm that the official hearing record has been perfected with theirpre-hearing motions. The parties have failed to provide informationregarding the status their pending motions and their discovery process. The parties have failed to indicate Page 4 of6whetherthey are ready for hearing, and ifso, how long such a hearing is anticipated. Theparties have also failed to indicate any preferred calendar availability for hearing, orwhetherthere are any other litigation matters that needed to be addressed (e.g., request for oral argument on motions, a proffer ofstipulations to narrow hearing issues, etc.). As the record currently stands, the parties have also not explained why they..have failed to comply with the Court's June 29, 

### 2016 Order. Thus, the record ofsilence in this action strongly indicates thatthe case may have been settled, or alternatively, one ofthe parties mayhave abandoned this case in its entirety. As a result, it is both a premature act, and a misuse oflimitedjudicialresources, for this Courtto hold a Conference withthe parties. Based onthe case record, and to preserve limitedjudicialresources, the parties should be offered an opportunity to file a written Show Cause Statement, not only to explain whythey failed to comply withthe Court's June 29, 2016 Order, but also to affirm an interest and willingness to participate in prosecuting or defending the action. Thus, as part ofthis written ShowCause Statement, a party interested inproceeding further shall file both a timely Case Status Report as well as a confirmationthat it wishes to proceed and participate in the action as directed by this Court. , , . .1.,, iJic In the alternative, ifeitherthe FAA or the Respondent fails to file a written ShowCause Statement as directed herein, and continues in its silence and non-responsiveness in the action, such silence and non-responsiveness may be deemed-without further notice to either party-to be an abandonment orwithdrawal ofthe prosecution or defense ofthe case, and may result in an order ofdismissal. 14 C.F.R. § 13.215; 

### See also, 2 Lane GoldsteinTrial Technique,§§ 8:9-8:10 (3d ed. 

### 2016). K 

### B. Conclusion Pursuant to 

### 14 C.F.R. §§ 

### 13.205 and 

### 14 C.F.R. § 

### 13.221, and after havingreviewed all relevant caselaw, regulation, statutory authority and other guidance, and being fully advised;

\':,:1 Page 5 of6

### IT IS HEREBY ORDERED: 

### 1. The Pre-Hearing Status Conference currently set for Wednesday, August 31, 2016, at 1:30 p.m. Eastern time, is cancelled. 2. 

### September30, 2016: Show Cause StatementDeadline: On orbefore September 30, 2016, the FAA and the Respondent shall each file a written Show Cause Statement. This Show Cause Statement should provide an explanation as to why the party failed to comply with the Court's June 29, 2016 Order. 

### It shall also include the following:

a. a Case Status Reportthat fully addresses the matters and concerns identified in both the June 29, 2016 Ord~! aJ?d this1 .

### Order; b. a confirmation that the party wishes to proceed with litigation and will participate as directed by this Court. 3. Failure ofeither the FAA orthe Respondent to file a timely written ShowCause Statement on or before September 30, 2016, as directed herein, may be deemed-without further notice to eitherparty-tobe an abandonment orwithdrawal ofthe prosecution or defense ofthe case, and may result in an order ofdismissal without further notice to the parties. 4. The deadlines provided in this order, as well as any other deadline date this Court may set in the future, is the date that the documents are date-stamped received at the Office of Hearings. Parties are encouraged to fax or express deliver a Judge's working copy of their materials to the Office ofHearings to ensure compliance with court-ordered deadlines. 5. For clarifications ofthis order or ques_tionswith regard to the procedures to be followed in this case, please contactMr. Cody 

### L. Smith, Attorney-Advisor, at the Office of Hearings (202-366-6941).

Attachments: Service List

Page 6 of6

### DocketNo. FAA-2014-0116 (Civil Penalty Action) 

### 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-.,Su~te 2WJi0,00 1



### Mr. David F. Shayne Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel 1601 Lind Ave. SW Renton, WA 98057 TEL: 425-227-2165 FAX: 425-227-1007 Mr. Joseph R. Maridon, Jr. Respondent's Co-Counsel Attorney at Law 6130 Elton Ave Las Vegas, NV 89107 I ONE COPY 

### Joseph Maridon, Sr Respondent 9212 E. Frederick Ave Spokane, WA 99206-4303

Mr. Walter L. 

### Ayers Respondent's Co-Counsel Attorney at Law 1312 N. Monroe St., Suite 133 Spokane, WA 99201 TEL: 509-252-6005/509-863-l432

, 1 ,',,Il,.t,.. / !\: 

### Judge J.E. Sullivan US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (El 1-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536

1 Service was by U.S. Mail. For service in person or byexpedited courier, use the fol1owing address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.