In The Matter Of: 

SERVED: November 25, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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Docket No. FAA-2014-0683 

JAMES KEARNS 

Case No. 2012S0275132 

Respondent 

ORDER SETTING DEADLINE FOR RESPONDENT 

TO FILE AN ANSWER TO THE AMENDED COMPLAINT 

On October 24, 2014, an Order Setting Rule 16 Litigation Scheduling Conference and 

Directing Rule 26(f) Planning and Submission was filed. Among other things, this Order set the 

Rule 16 Litigation Scheduling Conference for January 13,2015, at 10:00 a.m. 

On November 19,2014, pursuant to 14 C.F.R. § 13.214(b)(l), the FAA filed an 

Amendment to Complaint. 1 This Amendment referenced the September 15, 2014 Complaint, 

and added a section to it. 

As oftoday's date, November 24, 2014, the prose Respondent, Mr. James Kearns, has 

not yet filed an Answer. 

Brief Discussion: 

14 C.F.R. § 13.214(b)(l) allows a party to file an amendment to a complaint or an 

answer, without seeking leave of the court, if such amendment is filed 15 days or more prior to a 

hearing. There is currently no hearing set in this matter. As a result, the FAA's September 14, 

2014 Complaint has been amended by the FAA's action of filing the Amendment to Complaint. 

1 The Amendment added a subparagraph (b) to paragraph 11 of the September 15,2014 Complaint. The amendment 

reads: "Pursuant to 49 U.S.C. § 46318(a), Respondent is subject to a civil penalty not to exceed $25,000 for each of 

the violations alleged." 
Pursuant to 14 C.F.R. 13.214(c), the Respondent has up to 20 days, after an amendment 

to a complaint is filed, to file an answer. Pursuant to 14 C.F.R. § 13.209(f), a respondent who 

fails to file an answer can be deemed to have agreed and admitted to all the FAA's allegations. 

Pursuant to 14 C.F.R. § 13.209(e), the Respondent's Answer should specifically respond 

to each numbered paragraph in the FAA's Amended Complaint (i.e., the September 15,2014 

Complaint, and the newly added paragraph in the FAA's Amendment to Complaint). The 

Answer should "admit, deny, or state that the person is without sufficient knowledge or 

information" about each allegation. Pursuant to 14 C.F.R. § 13.209(e), the Respondent's Answer 

should also include any affirmative defense(s), as well as identify what relief the Respondent is 

requesting. 

Conclusion: 

Pursuant to 14 C.F.R. §§ 13.209 and 13.214, and after reviewing all relevant records, 

caselaw, regulation, statutory authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. On or before December 9, 2014, the Respondent, Mr. James Kearns, should file an 

Answer to the FAA's Amended Complaint. 

2. Pursuant to 14 C.F.R. § 13.211, the Respondent's Answer must be filed with the 

undersigned. A Certificate of Service should be attached, showing that the Answer was 

also filed with the FAA Hearing Docket, with a copy served upon the FAA attorney. A 

sample Certificate of Service is attached to this Order, with all addressee's names and 

addresses identified. 

3. If the Respondent does not file an Answer on or before December 9, 2014, he may face a 

default finding and judgment. 

4. For-clarifications of this order or questions with regard to the procedures to be followed 

in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of 

Hearings (202-366-6941). 

Attachment: Service List 

Page 2 of4 
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 2Wl0002 

Ms. Rashawn Rich George 

Complainant's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

1701 Columbia A venue 

College Park, GA 30337 

TEL: 404-305-5200 

FAX: 404-305-5223 

Mr. James Kearns 

Respondent 

270 Union Street, Apt. 2 

Brooklyn, NY 11231 

TEL: 917-992-6323 

Judge J.E. Sullivan 

US. Administrative Law Judge 

U.S. Department of Transportation 

Office ofHearings, M-20 

ONE COPY 

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

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Docket No. FAA-2014-0683 

(Civil Penalty Action) 

2 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 Building-Suite 2W1000, Washington, 

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