SERVED APRIL 29,2010 

U.S. DEPARTMENT OF TRANSPORTATION ''^ ' C'fJi^^J^fJ^MON 

OFFICE OF HEARINGS 

WASHINGTON, D.C. : "H ^ h 23 

IN THE MATTER OF 

CITY OF BRIDGEPORT, CONNECTICUT 

Respondent. 

DOCKET NO. CP09NE0001 

(Civil Penalty Proceeding) 

DMS NO. FAA-2009-0977 

ADMINISTRATIVE LAW JUDGE'S ORDER IMPOSING 

SANCTIONS FOR FAILURE TO PROVIDE 

RESPONSES TO DISCOVERY REQUESTS 

In this proceeding, the Respondent, the City of Bridgeport, 

Connecticut (the City), has asked for a trial-type hearing to review the 

validity of Complainant's charges that the City failed to comply with 

provisions of the Federal Aviation Regulations applicable to airport 

operators. The Complainant is the Federal Aviation Administration (FAA). 

It has asked me to assess a civil penalty of $77,000 against the City. 

The regulations that govern procedures in proceedings of this sort are 

found in Subpart G of Part 13 of the FAA's regulations, 14 C.F.R. §§13.201-

13.235. They provide that either party may obtain civil discovery from the 

other party by, inter alia, serving interrogatories and requests for the 

production of documents. 14 C.F.R. §13.220. After issue was joined, 

counsel for the Complainant served a set of interrogatories and requests for 

admission upon the Respondent. The Respondent did not answer these 

discovery requests, and the FAA filed a motion asking me to issue an order 

compelling the City to provide the answers. On April 15, 2010,1 issued an 

order directing the City to provide the information sought by the 

Complainant or explain why it had not done so. The deadline for the 

Respondent's reply to the order was set at April 26, 2010. 
That date has come and gone, without any response from the City. 

The City is now in default of its obligation under the Procedural Rules, and 

the time has come to impose sanctions for its disobedience. Under the 

Rules, 14 C.F.R. § 13.220(n), I am empowered to "Preclude admission" of 

evidence by the Respondent at the hearing or to "Preclude .. .the testimony" 

of [the Respondent's] witnesses at the hearing." I choose to do both. 

In consideration of the foregoing, and pursuant to § 13.220 of the 

Rules of Practice and Procedure, the Respondent will not be permitted to 

introduce any evidence or sponsor any witnesses at the hearing on the 

subject of its liability for a civil penalty by reason of the violations of the 

Federal Aviation Regulations with which it is charged. Its participation in 

the hearing will be limited to cross-examination of the witness or witnesses 

sponsored by the Complainant and the presentation of evidence bearing 

solely upon the issue of the amount of the civil penalty to be assessed 

against it. 

Under my order of April 15, 2010, a pre-hearing conference in this 

proceeding will take place on May 27, 2010. Failure on the part of the 

City's representative to participate in that conference in good faith may 

result in the imposition of additional sanctions against it, including a finding 

that it has, by ignoring its obligations under the Rule and my orders, 

withdrawn its request for a hearing. 

IT IS SO ORDERED. 

Isaac D. Benkin 

Administrative Law Judge 
FAA Docket No. CP09NE0001 

(Civil Penalty Action) 

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—Suite 2W1000' 

ONE COPY 

Honorable Bill Finch, Mayor 

City of Bridgeport, Respondent 

City Hall Armex 

999 Broad Street 

Bridgeport, CT 06604 

Mark T. Anastasi, Respondent's Counsel 

City Attorney, City of Bridgeport 

999 Broad Street 2"'* Floor 

Bridgeport, CT 06604-4328 

TEL: 203-576-8082 

FAX: 203-576-8252 

John R. Donnelly, Complainant's Counsel 

Office of the Regional Counsel, ANE-7 

New England Region 

Federal Aviation Administration 

12 New England Executive Park 

Burlington, MA 01803-5299 

TEL: 781-238-7043 

FAX: 781-238-7055 

The Honorable Isaac D. Benkin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: Attorney 202-366-2139 

Legal Assistant 202-366-2132 

FAX: 202-366-7536 

' 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.