Walter L. Ayers 

Co-Counsel for Respondent 

Ayers Law finn, P.L.L.C. 

1312 N. Monroe St., Suite 133 

Spokane, W A 99201 

ORIGINAL 

U.S. DEPARTMENT Of TRANSPORTATION 

OffiCE Of HEARINGS 

WASIIINGTON, DC 

In The Matter Of: 

SEP 21 2015 

ARlNG DOCKET 

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Docket No. fAA-2014-0116 

JOSEPH MARIDON, SR. 

Case No. 2012WP190142 

Respondent 

Judge J. E Sullivan 

RESPONDENT'S SHOW CAUSE STATEMENT PURSUANT TO ORDER OF 

AUGUST 29, 2016 AND RESERVATION OF RIGHTS 

Pursuant to the ALJ's Order of August 29, 2016 Respondent hereby states: 

1. Counsel for each party conferred at length regarding the ALJ's order of June 29,2016, 

which included inter alia the requirement of filing a Joint Case Status Report by August 12, 

2016. 

2. The undersigned, Walter Ayers, Co-Counsel for Respondent, offered to draft the Report 

and on or about July 13, 2016, sent a draft to Counsel for the Complainant for review. 

3. After some editing and further discussions the parties agreed that the Office of the FAA's 

Regional Counsel in Renton, W A. would file the final version of the report. 

4. The report was due August 12,2016. 

5. The staff of that office placed the Joint Case Status Report in the regular mail on August 

10,2016, as noted on the certificate of service and an envelope in Respondent's possession 

postmarked the same date. 

6. The undersigned, and Respondent received their copies in the United States Mail on August 

11,2016. 

7. The entry on regulations.gov indicates that it was file stamped on August 25, 2016. The 

Respondent is unable to ascertain why this document was file stamped on that date and not 

on an earlier date. 

8. Nonetheless, the above referenced filing was filed in compliance with 14 CPR 13.2!0(a)(2) 

and (b). which states; § 13.210 Filing of documents. 

(a) Address and method of filing. A person tendering a document for filing shall 

personally deliver or mail the signed original and one copy of each document to the 

Hearing Docket using the appropriate address: 
(2) If delivery is via U.S. Mail: Federal Aviation Administration, 800 Independence 

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

Wilbur Wright Building- Suite 2Wl 000. 

(b) Date of filing. A document shall he considered to he filed on the date of personal 

delivery; or if mailed, the mailing date shown on the certificate of service, the date shown 

on the postmark if there is no certificate of service, or other mailing date shown by other 

evidence if there is no certificate of service or postmark 

9. The Court has directed that the deadlines set forth in the order of August 25, 2016 are 

the date that the documents are date stamped received by the Office of Hearings 

I 0. It should be noted that Respondent subsequently sent documents to the Hearing Docket 

Clerk On August 16, 2016 Those documents were sent by United States Mail at additional 

cost to Respondent for "Signature Confirmation" Those documents were signed for two 

days later by "A Carver" on August 18, 2018 at 12:22 p.m. The tracking sheets from the U. 

S. Postal Service indicate they were delivered to the other addressees including the Court 

on August 18, 2016. Exhibit 1 confirms that the Hearing Docket staff in fact received them 

on August 18,2016. 

11. It appears that the Joint Case Status Report should also have been received within 2 days 

(on August 12, 2016) and file stamped the same day. Exhibit I does not reflect any reason 

for a delay between the date the Joint Status Report should have been received (August 12, 

2016) and August 25, 2016 the date that it was stamped received, 13 days later. In a 

telephone conversation on September 19,2016 at approximately 9:32a.m. the author of 

Exhibit I was unable to account for the delay. 

12. The Respondent is unable to ascertain why the Hearing Docket Clerk should have received 

the Joint Case Status Report on August 12, 2016 and date stamped it as received on the 

same day. That should be the responsibility of the Hearing Docket Clerk, and the 

FAA/DOT FDMS. 

13. This is the second time that Respondent has had problems with the FAA regarding 

timeliness issues in this case. Please see, Respondents Reply to FAA's Opposition to 

Motion to Dismiss and Request to Find Opposition Timely Filed, filed June 7, 2014. 

In that instance the FAA also did not fully account for its failure to timely file a response. 

14. Additionally, the Change of Address for Co-Counsel is not reflected in the FDMS. On 

August 2, 2016, Co-Counsel for Respondent Joseph R. Maridon, Jr., sent, via U.S. Mail, a 

change of address form to the Hearing Docket Clerk. Exhibit 2. He thereafter, did not 

receive a copy of the Order of August 29, 2016 and did not receive a copy of the same (it 

should be noted that Co-Counsel Walter Ayers sent a change of address five days prior on 

July 28,2016 and confirmed that it was received by the Court on August 3, 2016, it is not 

reflected on regulations.gov) 

15. It should be further noted that On September I, 2016 The Office of the FAA's Regional 

Counsel in Renton, WA. sent COMPLAINANT'S SHOW CAUSE STATEMENT 

PURSUANT TO ORDER OF AUGUST 29,2016 via FEDEX to the undersigned and the 

Hearings Docket. It was also faxed to the Hearing Docket. Counsel for Respondent 

received it on September 2, 1016. The fax version is posted on regulations.gov and file 

stamped on September 2, 2016. 
16. The undersigned has, to date, never had any issues receiving correspondence from the 

Office of the FAA's Regional Counsel in Renton, Washington in a timely fashion whether 

by U.S. Mail, telephonically or electronically. 

l 7. Respondent is informed and believes that it is the normal procedure for Office of the FAA's 

Regional Counsel to fax copies of all documents filed with the Hearing Docket Clerk, but 

that was not done in this instance due to administrative oversight. (It should be noted that 

while this was a recommended procedure in the Order of June 29, 2016 it was not required; 

service by U.S. Mail was required) 

18. The Respondent's Counsel and the Office of the FAA's RegionaJ Counsel in Renton, WA, 

in good faith and fact complied with the Order of June 29, 2016. 

19. Respondent is unable to ascertain whether any other DOT/FAA component has complied 

with that order. 

20. The Respondent wishes to proceed with ihis matter. 

RESERVATION OF RIGHTS 

On September 29, 2016 this case will be 4 years old. The Court has noted that the file in this case 

is incomplete. Respondent is unable to ascertain why this is. Respondent has attempted to insure 

the record is complete by duplicate filing. Respondent therefore reserves the right to Move to 

Dismiss this action due to failure to prosecute and laches based on the malfeasance, nonfeasance 

or misfeasance of the I' AA/DOT FDMS/ Docket Management Staff, which has apparently caused 

the undue delay and confusion for the Respondent and the Court in this case. Respondent is 

prejudiced thereby. Respondent does not have the resources to independently investigate and 

verify specifically the failure(s) within that system that are responsible for the delay and failure to 

file the documents submitted or upload them into regulations.gov. 

Respondent further affirmatively seeks aid of the Court to ascertain the actual cause of the delay 

in this case due to the additional costs that have been and will be will be incurred by Respondent. 

The civil penalty sought in this case is $5,000.00. The costs to the Respondent and the time spent 

by the FAA already far exceed that amount. Not to mention the emotional toll on Respondent due 

to the delay. 

Respondent respectfully suggests that Show Cause statements be required ofthose responsible 

personnel in the F AAIDOT FDMS/ Docket Management Staff directing them to explain to the 

court's satisfaction why they are unable to determine why there was a 13 delay in filing the Joint 

Case Status report. Respondent further requests that the Court consider dismissing this case if the 

reasons given are inadeq nate. 

Walter L. Ayers 

Attorney at Law 

Co-Counsel for Respondent 

Ayers Law Firm, P.L.L.C. 

1312 N. Monroe St., Suite 133 

Spokane, W A 9920 I 

s/ Joseph R. Maridon. Jr. Sept. 20,2016 

Mr. Joseph R. Maridon, Jr. Date 

Respondent 's Co- Counsel 

Attorney at Law 

Maridon Law I'irm 

50 S. Jones Blvd., Suite l 02 

Las Vegas. NV 89107 
U.S. Department 

of TranJSportatlon 

Federal Aviation Administration 

Office of Adjudication 

U.S. Mail and FAX 

September 16,2016 

J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

Department of Transportation 

1200 New Jersey Avenue, SE (Eil-31 0) 

Washington, DC 20590 

800 Independence Ave., S.W., Suite 2W1000 

Washington, D.C. 20591 

Re: In the Matter ofJoseph Maridon, Sr., FDM5 . .No. FAA-2014-0116 

Dear Judge Sullivan: 

I spoke to Walter Ayers, the attorney representing Joseph Maridon, Sr., in the above-referenced matter, 

about four documents that he bad filed with the FAA Hearing Docket, but which do not appear on 

regulations.gov. The FAA Hearing Docket received each of these documents and forwarded them to the 

DOT Docket Management Staff for uploading to regulations.gov as follows: 

1. Motirm to Dismiss. Respondent sent the Motion to the FAA Hearing Docket on May 28,2014. 

The FAA Hearing Docket received it on June 3, 2014, and sent a scanned copy of it by email to 

the DOT Docket Management Staff on June 3, 2014, and again on June 11, 2014. 

2. Respondent's Reply to FAA's Opposition to Motion to Di<miss and Request to Find Opposition 

Timely Filed. Respondent sent the Repjy to the FAA Hearing Docket on June 30, 2014. The 

FAA Hearing Docket received it on July 7, 2014, and sent a scanned copy of it via email to the 

DOT Docket Management Staff on July 8, 2014. 

3. Respondmt 's Opposition to Complainant's Motion for Partial Decision (Summary .Judgment). 

Respondent sent the document to the FAA Hearing Docket on October 30, 2014. The FAA 

Hearing Docket received it on October 30, 2014, and sent a scanned copy of it to the DOT Docket 

Management Staff on October 31, 2014. 

4. Respondent's Second Motion to Dismiss for Violation of Respondent's Rights under the United 

States Constitution (Errata .. With Exhibits). Respondent sent this document to the FAA Hearing 

Docket on January 7, 2015. The FAA Hearing Docket received the document on January 7, 

2015, and sent a scanned copy ofitto the DOT Docket Management Staff on January 9, 2015. 

The FAA Hearing Docket re-sent each of these four documents to the DOT Docket Management Staff 

today. Each document bears either the Hearing Docket's "received by" date stamp or the received date 

from the FAA Hearing Docket's FAX machine. 

EXHIBIT 1 
In addition, the FAA Hearing Docket received a package containing additional copies of these four 

documents on August 18, 2016. The FAA Hearing Docket sent a scanned copy of this group of 

documents to the DOT Docket Management Staff today. 

If you have any questions about these documents or need information about other documents that were 

filed in the FAA Hearing Docket in this case, you may contact me at 202-267-0415. 

Sincerely, 

Vicki s·. Leemon 

Senior Attorney, AGC-70 

Cc: David F. Shayne, Esq., FAA (by U.S. Mail and email) 

Walter Ayers, Esq. (by U.S. Mail and email) 

EXHIBIT 1 
U.S DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In th~ Matter of: DOCKET NO. FAA-2014-0116 

Joseph R. 1\'l!lridon, Sr. Case No. 20llWPJ90l42 

Respondent 

Judge .1. E. Sullivan 

NOTICE OF CJifiNGE OF ADDRESS OF Rl~SPONOENT'S CO·CO!.JNSEL MARIDON 

Please take notice that the address and coniact infmn1ation lt)r Respondent's Co-Counsel, 

Joseph R. Mali don, Jr. has changed. 

Old Address: 

Joseph R. Maridon, Jr. 

The Maridon Law Firm 

6130 Elton Ave. 

Las Vegas, Nevada 89107 

Telephone: 702-514-0102 

Facsimile: 702410-6396 

Email: jmaridon@maridonlaw.com 

Respectfully submitted. 

s:;:~-=7·~====~-- ·'''''''")oseph R. M~~r!dvn, Jr. 

Attorocy at Law 

C o·C<1unsel for Re~ponden\ 

50 S. Jones Blvd., Suite 102 

Las Vegas. NV 89107 

DATED: August 2, 2016 

New Addr~s: 

.Joseph R. Maridon, Jr. 

The Maridon Law Firm 

50 S. Jones Blvd., Suite 102 

Las Vegas., Nevada 89107 

Telephone: 702-514·0 102 

Facsimile: 702-410-6396 

Email: jmaridon@maridonla;w.com 

EXHIBIT 2 
CE!UJFICATE OF SKRVICE 

I hereby certify that the foregoing NOTICE OF CHANGE OF ADDRESS OF 

RESPONDENT'S C:O"COLiNSEL i\1ARlDON ha> been served via lf.S. Mail postage pre-paid 

on August 2. 2016 io the following: 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avcm1e, S.\V. 

Washin!,>ton, DC 20591 

Attention: Hearing Docket Clerk, -\GC -430 

Wilbur" Wright Buildittg-Suitl:' 2Wl 000 

ONE COPY 

The Honorable J. E. Sullivan. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-3\0) 

Washington, DC 20590 

David Shayne. Complainant's Counsel 

Office of the Regional Counst~! 

Federal Aviation Administration 

Western-Pacific Region 

1601 Lind Ave., SW 

Renton, W A 98057 

CC VIA FAX: 42:5-22.7-1007 

Walter LAyers 

Attorney.at Law 

Ayers Law Firm, P.L.L.C'. 

1312 North Monroe Street #133 

Spokane, W A ll920 l 

CC VIA Email: WALTER@ A YERSLA WF!RM NET ./ 

~.~~-·····~-·~) 

(''<·:~~~:--.::::::.-~:-".;"'~--~~*::.:.:.~-~---·-~--~s~--~-.--"·-·-..-.. 

Joseph R. Maridon, Jr. 

2 

EXHIBIT 2 
Docket No. FAA-2014-0116 (Civil Penalty Action) 

CERTIFICATE OF SERVICE 

I hereby certify that the RESPONDENT'S SIIOW CAUSE STATEMENT PURSUANT 

TO ORDER OF AUGUST 29,2016 AND RESERVATION OF RIGHTS (with Exhibits) 

have been served by placing the same in the U.S. Mail postage pre-paid as well as 

Expedited Courier (FED EX). E-Mail and FAX as noted below to the following: 

ORIGINAL & ONE COPY 

VIA Expedited Courier (FEDEX), E-Mail and FAX 

Federal Aviation Administration 

600 Independence A v en u c, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk. AGC-430 

Wilbur Wright Building--Suite 2Wl000 

(CC via: FAX (202) 267-1293) 

VIA U.S. Mail 

Federal Aviation Administration 

800 Independence A v e n u e , S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building--Suite 2Wl 000 

ONE COPY 

U.S. Mail and FAX as noted 

Mr. David F. Shayne 

Complainant's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel 

1601 Lind Ave. SW 

Renton, W A 98057 

TEL: 425-227-2165 

CC via: FAX: 425-227-1007 

Mr. Joseph R. Maridon, Jr. 

Respondent's Co- Counsel 

Attorney at Law 

Maridon Law Firm 

50 S. Jones Blvd .. Suite 102 

Las Vegas, NV 89107 

Joseph Maridon, Sr 

Respondent 

9212 E. Frederick Ave 

Spokane, W A 99206-4303 

Judge J.E. Sullivan 

U.S .. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-31 0) 

Washington, DC 20590 

TEL: 202-366-6941 

CC via: FAX: 202-366-7536