Walter L. Ayers Co-Counsel for Respondent Ayers Lawfinn, P.L.L.C. 1312N. Monroe St., Suite 133 Spokane, WA 99201 

# ORIGINAL

U.S. DEPARTMENT Of TRANSPORTATION OffiCE Of HEARINGS

WASIIINGTON, DC

InThe Matter Of: 

## SEP 21 2015 

## ARlNG DOCKET

) ) ) ) ) ) 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 Pursuantto the ALJ's OrderofAugust 29, 2016 Respondenthereby states: 1. Counsel for each party conferred at lengthregarding the ALJ's order ofJune 29,2016, which included interalia the requirement offiling a Joint Case Status Reportby August 12, 2016. 2. The undersigned, Walter Ayers, Co-Counsel for Respondent, offered to draftthe 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 ofthe FAA's Regional Counsel in Renton, W A. would file the final version ofthe report. 4. The report was due August 12,2016. 5. The staffofthat office placed the Joint Case Status Report inthe regular mail on August 10,2016, as noted on the certificate ofservice and an envelope in Respondent's possession postmarkedthe same date. 6. The undersigned, and Respondent received their copies in the United States Mail on August 11,2016. 7. The entry onregulations.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 earlierdate. 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 ofdocuments.

(a) Address and method offiling. A person tendering a document for filing shall personally deliver ormail the signed original and one copy ofeachdocumentto the Hearing Docket using the appropriate address:(2) Ifdelivery is viaU.S. Mail: Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430, Wilbur Wright Building- Suite 2Wl000. (b) Date offiling. A document shall he considered to he filed on the date ofpersonal delivery; orifmailed, the mailing date shown on the certificate ofservice, the date shown on the postmark ifthere is no certificate ofservice, orother mailing date shown byother evidence ifthere is no certificate ofservice orpostmark

9. The Court has directed that the deadlines set forth in the order ofAugust 25, 2016 are the date that the documents are date stamped received by the Office ofHearings I0. 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 costto Respondent for "Signature Confirmation" Those documents were signed for two days laterby "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 1confirms that the Hearing Docket staffin fact received them on August 18,2016. 11. Itappears that the Joint Case StatusReport should also have beenreceived 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 stampedreceived, 13 days later. In a telephone conversation on September 19,2016 at approximately 9:32a.m. the author of Exhibit I was unable to accountfor the delay. 12. The Respondentis 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 ofthe Hearing Docket Clerk, and the FAA/DOT FDMS.
13. This is the second time that Respondent has had problems withthe 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 ofAddress for Co-Counsel is notreflected in the FDMS. On August 2, 2016, Co-Counsel for Respondent JosephR. Maridon, Jr., sent, viaU.S. Mail, a change ofaddress form to the Hearing DocketClerk. Exhibit 2. He thereafter, did not receive a copy ofthe Order ofAugust 29, 2016 and did not receive a copy ofthe same (it should be noted that Co-Counsel Walter Ayers senta change ofaddress five days prior on July 28,2016 and confirmed that it was received by the Court on August 3, 2016, it is not reflected onregulations.gov) 15. Itshould be further noted that On September I, 2016 The Office ofthe FAA's Regional Counsel in Renton, WA. sent COMPLAINANT'S SHOW CAUSE STATEMENT PURSUANT TO ORDER OF AUGUST 29,2016 via FEDEXto the undersigned and the Hearings Docket. Itwas also faxed to the Hearing Docket. Counsel for Respondent received it on September 2, 1016. The fax version is posted onregulations.gov and file stamped on September 2, 2016.16. The undersigned has, to date, never had any issues receiving correspondence from the Office ofthe FAA's Regional Counsel in Renton, Washington in a timely fashion whether by U.S. Mail, telephonically or electronically. l7. Respondent is informed and believesthat it isthe normal procedure for Office ofthe FAA's Regional Counsel to fax copies ofall documents filed withthe Hearing Docket Clerk, but that was not done in this instance due to administrative oversight. (It should be noted that whilethis was a recommended procedure in the Order ofJune 29, 2016 itwas notrequired; service by

### U.S. Mail was required) 18. The Respondent's Counsel and the Office ofthe FAA's RegionaJ Counsel in Renton, WA, in good faith and fact complied withthe Order ofJune 29, 2016.
19. Respondent is unable to ascertain whether any otherDOT/FAA component hascomplied with that order.


### 20. The Respondentwishes to proceed with ihis 

### matter. RESERVATION OF RIGHTS On September 29, 2016 this case will be 4 years old. The Courthas noted thatthe file inthis 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 theright to Move to Dismiss this action due to failure to prosecute and laches based on the malfeasance, nonfeasance ormisfeasance ofthe I'AA/DOT FDMS/ Docket Management Staff, which has apparently caused the undue delay and confusion for the Respondent andthe 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 submittedor upload them into regulations.gov. Respondent further affirmatively seeks aid ofthe Court to ascertain the actual cause ofthe delay inthis 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 andthe time spent bythe FAA already far exceed that amount. Notto mentionthe emotional toll on Respondent due to the delay. Respondent respectfully suggests that Show Cause statements be required ofthose responsible personnel inthe FAAIDOTFDMS/ Docket Management Staffdirecting themto 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 ifthe reasons given are inadeqnate.

Walter L. Ayers Attorney at Law Co-Counsel for Respondent Ayers LawFirm, P.L.L.C. 1312 N. Monroe St., Suite 133 Spokane, WA 9920I 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 l02 Las Vegas. NV 89107U.S. Department of TranJSportatlon Federal Aviation Administration Office ofAdjudication
U.S. Mail and FAX September 16,2016 J.E. Sullivan, Administrative Law Judge Office ofHearings, M-20 Department ofTransportation 1200 NewJersey Avenue, SE (Eil-310) Washington, DC 20590 800 Independence Ave., S.W., Suite 2W1000 Washington, D.C. 20591

Re: Inthe Matter ofJosephMaridon, Sr., FDM5
. .No. FAA-2014-0116 DearJudge 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 ofthese documents and forwarded them to the DOT DocketManagement Stafffor 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 ofit by email to the DOT DocketManagement Staffon 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 ofit via email to the DOT Docket Management Staffon July 8, 2014. 3. Respondmt 's Opposition to Complainant's Motionfor 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 ofit to the DOT Docket Management Staffon October 31, 2014. 4. Respondent's SecondMotion to Dismissfor 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 ofittothe DOT Docket Management Staffon January 9, 2015. The FAA Hearing Docket re-sent each ofthese 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 HearingDocket's FAX machine.



### EXHIBIT 1In 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 documentsto the DOT Docket Management Stafftoday. Ifyou 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 1U.S DEPARTMENT OFTRANSPORTATION OFFICE OFHEARINGS WASHINGTON, DC

In

**th~** Matterof: DOCKETNO. FAA-2014-0116 Joseph R. 1\'l!lridon, Sr. Case No. 20llWPJ90l42 Respondent Judge.1. E. Sullivan



### NOTICE OF CJifiNGEOF 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. Malidon, Jr. has changed. 

### Old Address: Joseph R. 

### Maridon, Jr. The Maridon LawFirm 6130EltonAve. 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 

### Co·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: 702-514·0102 Facsimile: 702-410-6396 

### Email:jmaridon@maridonla;w.com



### EXHIBIT 2CE!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:' 2Wl000 ONE COPY 

### The Honorable J. E. Sullivan. Administrative 

### Law Judge Office of

### Hearings, M-20 

### U.S. Department ofTransportation 

### 1200 New Jersey Avenue, S.E. (Ell-3\0) Washington, DC 20590 

### David Shayne. 

### Complainant's Counsel Officeofthe Regional

**Counst~!** 

### Federal Aviation Administration Western-Pacific

### Region 1601 Lind Ave., SW Renton, WA98057 CCVIA 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 All920l CC 

### VIA Email: 

### WALTER@AYERSLA

### WF!RM NET ./

**~.~~-·····~-·~)** 

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

### .. Joseph R. Maridon, Jr.
2 

### EXHIBIT 

## 2Docket 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 (FEDEX). E-Mail and FAX as noted below to the following:
ORIGINAL & ONE COPY


### VIA Expedited Courier (FEDEX), E-Mail and FAX Federal AviationAdministration 600 Independence Av enu

### 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 AviationAdministration 800 Independence Av e n u e, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building--Suite 2Wl000
ONE COPY 

### U.S. Mail and FAX as 

### noted 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 

### CCvia: 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 JosephMaridon, Sr 

### Respondent 9212 E. Frederick Ave Spokane, WA 99206-4303 Judge J.E. Sullivan 

### U.S
.. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 CC via: 

### FAX: 202-366-7536