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D-FV\RTMENTOr 

SCOTT R. MORRIS .., TPAySFORTATiON ^ 

FAA OFFICE OF REGIONAL COUNSEL ' '-'OKL-.T OFFRAI IOK'5 

1601 LINDAVE,,SW 

RENTON,WASHINGTON98057 lull jL'L IB A iC- I I 

TELEPHONE: 425.227.1417 

FACSIMILE: 425.227.1007 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

''FARING DOCKET 

In the Matter of: 

USA GAMACHE-WORTMAN 

FAA DOCKET CP10AL0005 

FAA Case No. 2009AL700103. 

DMSNo. FAA-2010-1081 

Judge: Richard C. Good\\in 

To: Honorable Richard C. Goodwin 

2d Renewed Motion for Decision 

Motion for Decision. OR in the alternative. Motion for Summary Judgment 

Pursuant to Section 13.218(f)(5) of the Federal Aviation Administration's (FAA's) Rules 

of Practice in Civil Penalty Proceeding, 14 C.F.R. § 13.218(0(5), the Administrator of the FAA 

again renews his Motion for Decision. 

Introduction 

This case involves the Respondent offering for transportation in air commerce undeclared 

flares and shotgun shells as part of a shipment identified as "Household goods" and this shipment 

was to be transported from Alaska to Washington. These flares are subject to the regulatory 

requirements of the Hazardous Material Regulations in .49 C.F.R. Parts 171 through 178. 

Complainant's 2d Renewed Motion for Decision 

In the Matter of Lisa Gamache-Wortman -

CP10AL00005 / 2009 AL700103 • 

Page 1 of 5 

. SCOTT R. MORRJS. FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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If you fail to respond to these requests for admissions in writing, the facts 

contained therein are deemed admitted, absent a judge's ruling that your 

failure to answer was due to circumstances beyond your control. See 14 C.F.R. 

§ 13.220(0(1). . 

Respondent failed to comply with her discovery obligation. On May 5, 2011, 

Complainant's counsel wrote to Respondent extending the due date to May 12, 2011, admonishing 

Respondent that he "is not required to continually pursue you for information and compliance." 

Respondent agaifi failed to comply with her discovery obligations. On May 13, 2011, Complainant 

filed a Motion to Deem Admitted Complainant's Requests for Admissions and Motion to Compel 

Discovery for Respondent's continued failure to correspond with Complainant or the Court. On 

June 8, 2011, the ALJ issued an Order Requiring Respondent to Answer Discovery or Risk 

Sanctions, hi this Order the ALJ cautioned Respondent that she had until Jime 20, 2011 to comply 

with her discovery obligations and that she faced sanctions, including Default Judgment in the 

amount of the fine requested, should she fail to comply. 

As of this date. Respondent has failed to comply with the Judge's Orders and repeated 

attempts by Complainant to get her in to compliance. Her recalcitrant actions warrant issuance of a 

Default Judge. Per Rule 13.220(m), the ALJ is empowered to sanction a party for failure to comply 

with discovery. His authority extends to stri3dng a portion of the party's pleadings; precluding 

discovery motions by the offending party; precluding evidence by the offending party; and 

precluding witnesses. Here, Respondent time and again has failed to comply with the Judge's 

Orders and Complainant's correspondence. At this point, Respondent should be precluded from 

presenting evidence, her pleadings should be stricken, and Complainant's Motion for Decision 

Complainant's 2d Renewed Motion for Decision 

In the Mailer ofLisa Gamache-Worlman -

CP10 AL00005 / 2009.AL 700 J 03 

Page 3 of 5 

SCOTT R. MORRIS, FAA ATTORKEY 

TEL; 425.227.1417; F.AX: 425.227.1007 
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complainant's 2d Renewed Motion for Decision has been 

served via facsimile and certified mail - Return Receipt Requested this date, to the following: 

The Honorable Richard C. Goodwin 

Office of hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Rm E12-320 

Washington, D.C. 20590 

TEL: 202.366.2139 

FAX: 202.366.7536 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk. AGC-430 

Wilbur Wright Building - Suite 2W1000 

FAX: 202.493.5020 

I hereby certify that the foregoing Complainant's 2d Renewed Motion for Decision has been 

served via Regular and Certified Mail - Return Receipt Requested this date, to the following: 

Lisa Gamache-Wortman 

P.O.Box 12793 

Olympia, WA 98508-2793 

TEL: 360.866.0892 

Dated this 24th day of June, 2010. 

/ /7LVV^'\ 

Moifair Chin '" 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

425.227.2160 

Complainant's 2d Renewed Motion for Decision 

In the Matter of Lisa Gamache-Wortman -

C? 10AL00005 / 2009AL700103 

Pa£e 5 of 5 

SCOTT R. MORRIS. FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007