In The Matter Of: RIAN C. SEEMAN Respondent 

## SERVED AUGUST 31, 2012 U.S. DEPARTMENT OF TRANSPORTATION ·. OFFICE OF HEARINGS WASHINGTON, DC ?'JI?

) ) ) ) ) Docket.No. FAA-2012-0198 Case No. 2010-S0-37103

ORDER GRANTING MOTION TO DEEMALLEGATIONS ADMITTED, GRANTING DEFAULT JUDGMENT, AND ASSESSING CIVIL PENALTY On July 10, 2012 an Order Setting Default Motion Deadlines and Granting/Denying Other Reliefwas filed. Among other things, this Order set a deadline ofJuly 31, 2012 for the

.FAA to file a Motion to Deem Allegations Admitted and for DefaultJudgment. This July 10, 2012 Order also directed the

### prose Respondent, Rian C. Seeman, to file a written Answer (if any), within twenty (20) days after service ofthe FAA'sMotion. The Respondent's Answer was · to include any good cause explanation for his non-compliance with deadlines and Orders. On July 27,2012 the FAA served its Motionto Deem Allegations Admitted and for Default Judgment. As a result, the Respondent'sAnswer was due on or before August 21, 2012 (after adding five (5) days to the deadline, pursuant to 14 C.F.R. § 13.211(e)). • As oftoday's date, August 31, 2012, the

### pro se Respondent, Rian C.'Seeman, has failed to file a timely written Answer to the FAA's February 17, 2012 Complaint, and has failed tofile an Answer or objection to the FAA's July 27,2012 Motion to Deem Allegations Admitted and for DefaultJudgment. In addition, the Respondent has failed to provide any**goo.\~.** cause for his failure to participate inthe court-directed Civ. R. 26(f) discovery planning, in

### the~.· ··. -directed Civ. R. 16 Litigation Scheduling Conferences, or in this action. The Respondent a o has not provided any good cause statement for his**fai~ure** to respond to the July 10, 2012 erSetting Default Motion Deadlines and Granting/Denying Other Relief. Having reviewed the case file, all pleadings and motions, all relevant qaselaw, statutes, regulations,**rules~** and authority, and being fully, ad:v:ised;

IT IS HEREBY ORDERE'D: 1) Pursua11tto.14 C::.P.R. .§**13.~95,)4** (;,F.R.**§.~9·~Q9(a-f},** 

### 14 C.F7 

## K- §\3.218, and 

## 14

.. C.F.R. §13.220;theFAA's Motion to Deeni'A1legations Admitted is gnmted. · · 

### Page 

### :rot3 '', i,,2) Pursuantto 14 C.F.R. §13.209(t), 14 C.F.R. §13.220(1)(3), and Civ.**R~** 36, each factual allegation contained inthe FAA's February 17,2012 Complaint is hereby deemed to be true and admitted as undisputed. 3) Pursuantto 14 C.F.R. §13.218(e), 14 C.F.R. §13.218(t)(5), 14 C.F.R. §13.222, and Civ, R. 55, the July 27,2012 Affidavit ofRashawnRich George (FAA Attachment!), which was included inthe FAA'sJuly27, 2012 Motionfor Default, is admitted 

### as undisputed testimonial evidence regarding the Respondent's failure to defend this action. 4) Pursuant to 

### 14 C.F.R. §l3.209, 14 C.F.R. §13.218(t)(ii), 14 C.F.R. §13.222, and Civ. R. 55, the Respondent, Rian C. Seeman, has abandoned any defense ofthis case, and is in default. 5) Pursuantto 14 C.F.R. §l3.218(e), 14 C.F.R. §13.218 (f)(5), and Civ. R. 55, thewritten excerpts from the FAA's October 1, 2007 Compliance and Enforcement Program Policy, Order2150.3B, identified as**A~achments** 2 and 3 inthe FAA's July 27, 2012 Motion for Default, are hereby admitted as documentary evidence in support ofthe FAA's proposed civil penalty of$4,200 (four thousand and two hundred dollars) for the three (3) safety violations allegedinthe FAA's February 17, 2Q12 Complaint. 6) Pursuantto 14 C.F.R. § 13.223, 14 C.F.R. § 13.224, Civ. R. 54( c), and Civ. R. 55, notwithstandingthe erroneous statementregarding the maximumpenalties contained in the FAA's February 17, 2012 Complaint (paragraph 8), the FAAhas clearlyplead and proved its demand for a $4,200 total civil penalty forthe three violations. 

### See, Silge v. Merz, 510 F.3d 157, 160 (2d Cir. 2007) ("By limiting damages to what is specified in the demand forjudgment

... a defendant who is considering default can look at the damages clause, satisfy himselfthat he is willing to sufferjudgment·inthat amount, and then default

.. .

### ");See also, Steven Baicker-McKee, et al., 

### Federal Civil**Rule~·**

### Handbook,

· West Publishing (2012)(Rules 54 and 55). 7) Pursuantto Civ. R. 55, the Respondent, Rian C. Seeman,. is liable to the United States of America, as represented bythe FAA ofthe U.S. Department ofTransportation, for a maximum civil penalty''in the total amount of$4,200 for the multiple 

### safety violations ·identified inboththe FAA'sFebruary 17,2012 Complaint and inthe FAA's July 27,

2012 Motionto DeemAllegations Admitted and for Default Judgment These three violations are:

. (a) one (1) violation of 14 CFR § 121.317(g) (smoking in an airplane while a "No

· Smoking" sign is lighted) with a civil penalty of$1 ,000; ··

(b)on:e 

### (1) violation of 14 CFR § 121.317(11) (smoking in an airplane lavatory), with a civil penalty of$1 ,000; and, (c) one (1) violation ofl4 CFR § 121.317(i) .(tampering with, disabling, or destroying anysmoke detector installed in any airplane)avatory), with a civil
·· periilit)/of$2,206: .······· ·.· ·
Page 2 of38) The Respondent, Rian C. Seeman, shall forthwith pay to the FAA the total amount of $4,200 (four thousand and two hundred dollars) for which he has been found liable inthis matter. 9) Pursuant to 14 C.P.R. §13.233, this Order Granting Default Judgment and Assessing Civil Penalty becomes a Final Order unless a party.files a Petition for Reconsideration with the FAA Assistant Administrator within ten (10) days after service ofthis order.

Attachment: Service List



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### SERVICE LIST- BY U.S. MAIL ORIGINAL & 

### ONE**CO~Y** 

### Federal Aviation Administration 800

### lndependen~enue, S.W. ·**Washington,~**

### 205b1 Attention: Heating:J)ocket Clerk, AGC-430, Wilbur Wright Building-Suite 2W1000.1

RianC. Seeman, Respondent


### · 12433 Pineneedle Drive Indianapolis, IN 46236-3160

. TEL: 317-657-8965 

### ONE COPY

Rashawn Rich George, Complainant's Counsel 

### Office ofthe Regional Counsel, ASO-7 Southern Region Federal Aviation Administration P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 The Honorable J.E. Sullivan,Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation

_ 1200 New Jersey Avenue, S.E. (E11-310)' Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMS NO. FAA-2012-0198 (Civil Penalty Action)



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r"Service

## was by U;S:l\1ail. For ser;vice in persotuirby expedited COUrier, use·thefolloWing adcfress: '"Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.