### In The Matter Of: 

## SERVED: November 25, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC**-~--:** 

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### DocketNo. FAA-2014-0683 JAMES KEARNS Case No. 2012S0275132 Respondent

ORDER SETTING DEADLINE FORRESPONDENT TO FILEAN ANSWER TO THEAMENDED COMPLAINT

On October 24, 2014, an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(f) Planning and Submission was filed. Among otherthings, this Order setthe 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 Amendmentto Complaint. 1 

### This Amendment referenced the September 15, 2014 Complaint, and added a section to it. As oftoday's date, November 24, 2014, the

### proseRespondent, Mr. James Kearns, has not yet filed an Answer. 

### BriefDiscussion: 14 C.F.R. 

### § 13.214(b)(l) allows aparty to file an amendmentto a complaint or an answer, without seeking leave ofthe court, ifsuch amendment is filed 15 days or more priorto 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 offiling the Amendmentto Complaint.

1The Amendment added a subparagraph (b) to paragraph 11 ofthe September 15,2014 Complaint. The amendment reads: "Pursuantto 49 U.S.C. §46318(a), Respondent is subjectto a civil penalty notto 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 canbe deemed to have agreed and admitted to all the FAA's allegations. Pursuantto 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 Amendmentto Complaint). The Answer should "admit, deny, or state that the personis without sufficient knowledge or information" about each allegation. Pursuantto 14 C.F.R. § 13.209(e), the Respondent's Answer should also include any affirmative defense(s), as well as identify what reliefthe Respondent is requesting. Conclusion: Pursuantto 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 Answerto the FAA's Amended Complaint. 2. Pursuant to 14 C.F.R. § 13.211, the Respondent's Answer mustbe filed withthe undersigned. A Certificate ofService should be attached, showingthatthe Answerwas also filed withthe FAA Hearing Docket, with a copy served uponthe FAA attorney. A sample Certificate ofService is attached to this Order, with all addressee's names and addresses identified. 3. Ifthe Respondent does not file an Answer on orbefore December 9, 2014, he mayface a default finding andjudgment. 4. For-clarifications ofthis order or questions withregard to the procedures to be followed in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, atthe Office of Hearings (202-366-6941).

Attachment: Service List

Page 2 of4SERVICE 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-Suite2Wl0002



### Ms. Rashawn Rich George Complainant's Counsel 

### Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue 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 LawJudge 

### U.S. Department ofTransportation Office ofHearings, M-20 ONE COPY



### 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. 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.