## SERVED: JANUARY 29, 2013**~------c** c-- -**~c_c_ .r.-.~-~--~**  I I ! '

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF 

### VINCENT R. BROWN FAA DOCKET No. [TO BE ASSIGNED] (Civil Penalty Case) FDMS FAA-20 12-0906
ORDER TO RESPONDENT TO SHOW CAUSE The Federal AviationAdministration ("Complainant") filed a Motion to Deem Allegations Admitted ("Motion"Y dated January 15, 2013. Itasks that the undersigned enter a judgmentonthe pleadings; or, in the alternative, limit the proceeding to the issue ofsanction. Thebasis for the Motion is Complainant's assertion that Vincent R. Brown ("Respondent") has failed to file an Answerto the Complaint. Under the Rules ofPractice in FAA Civil Penalty Actions, the failure to file an answer in a timely fashion and without good cause will be deemed an admission ofthe truth ofeach allegation contained inthe Complaint. §14C.F.R. 13.209(f). Respondent has not answered the Motion. WHEREFORE, it is ORDERED as follows:

1 The fu11 title ofthe Motion is "Motion to Deem A1legations Admitted and for Judgment on the Pleadings or for Hearing on Sanction Only."

### 2
1. On or before February 5, 2013 (receipt date), Respondent shall file a response to this Order stating why the reliefrequested in Complainant's Motion shouldnot be granted; and 2. On or before February 5, 2013 (receipt date), Respondent shall file an Answerto the Complainf; 3. Absent full and complete responses to Ordering paragraphs 1 and 2, Respondent may be sanctioned, including, but not limited to, allegations in the Complaint may be deemed admitted; Respondent may be precluded from introducing any evidence at the hearing otherthan personal testimony; Respondent's Request for Hearing may be dismissed; and/or a Default Judgment may be entered against Respondent in the full amount ofthe civil penalty requested by the Complainantinits Complaint.

# {l~C,~ Richard C. Goodwin U.S. Administrative Law Judge Attachment

- Service List

2 The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations. Those rules provide that the Respondent must file a written Answer ormotion within thirty (30) days
. after service ofthe Complaint. 14 C.F.R. § 13.209(a). More specifically, 14 C.F.R. § 13.209 (e) states:
. A person filing an answer shall admit, deny, or state thatthe person is without sufficientknowledge or . information to admit ordeny, each numberedparagraph. ofthe complaint. Any statement or allegation contained in the complaintthat is not specifically denied in the answer may be deemed an admission ofthe truth ofthat allegation. A general denial ofthe complaintis deemed a failure to file an answer.. As stated in the text, failure to file an Answer without good cause is deemed an admission ofeach allegation in the Complaint. §13.209(t).' ' 3

SERVICE LIST ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W1000 1

Vincent R. Brown 5637 Glen Oaks Drive Rocklin, CA95765 KateBarber, 

### Complainant's Counsel Attorney, Office ofRegional Counsel GreatLakes Region, AGL-7 Federal Aviation Administration 2300 East Devon Avenue Des Plaines, IL 60018 TEL: 847-294-8275 FAJ(: 847-294-7498 ONE COPY

The Honorable Richard C. Goodwin,

### Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202:..366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAJ(: 202-366-7536 FDMSNo. FAA-2012-0906 (Civil Penalty Action)

1 Service wasby U.S. Mail. For service inperson orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.