In The Matter Of: 

RIAN C. SEEMAN 

Respondent 

SERVED AUGUST 31, 2012 

U.S. DEPARTMENT OF TRANSPORTATION ·. 

OFFICE OF HEARINGS 

WASHINGTON, DC ?'JI? 

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Docket.No. FAA-2012-0198 

Case No. 2010-S0-37103 

ORDER GRANTING MOTION TO DEEM ALLEGATIONS ADMITTED, 

GRANTING DEFAULT JUDGMENT, AND ASSESSING CIVIL PENALTY 

On July 10, 2012 an Order Setting Default Motion Deadlines and Granting/Denying 

Other Relief was filed. Among other things, this Order set a deadline of July 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 of the FAA's Motion. 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 Motion to Deem Allegations Admitted and for 

Default Judgment. As a result, the Respondent's Answer 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 of today' 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 to file 

an Answer or objection to the FAA's July 27,2012 Motion to Deem Allegations Admitted and 

for Default Judgment. In addition, the Respondent has failed to provide any goo.\~. cause for his 

failure to participate in the 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 er Setting 

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) Pursua11t to.14 C::.P.R. .§ 13.~95,)4 (;,F.R. §.~9·~Q9(a-f}, 14 C.F7K- §\3.218, and 14 .. C.F.R. §13.220;the FAA's Motion to Deeni'A1legations Admitted is gnmted. · · 

Page :rot 3 

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2) Pursuant to 14 C.F.R. §13.209(t), 14 C.F.R. §13.220(1)(3), and Civ. R~ 36, each factual 

allegation contained in the FAA's February 17,2012 Complaint is hereby deemed to be 

true and admitted as undisputed. 

3) Pursuant to 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 in the 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) Pursuant to 14 C.F.R. §l3.218(e), 14 C.F.R. §13.218 (f)(5), and Civ. R. 55, the written 

excerpts from the FAA's October 1, 2007 Compliance and Enforcement Program Policy, 

Order 2150.3B, identified as A~achments 2 and 3 in the FAA's July 27, 2012 Motion for 

Default, are hereby admitted as documentary evidence in support of the FAA's proposed 

civil penalty of$4,200 (four thousand and two hundred dollars) for the three (3) safety 

violations alleged in the FAA's February 17, 2Q12 Complaint. 

6) Pursuant to 14 C.F.R. § 13.223, 14 C.F.R. § 13.224, Civ. R. 54( c), and Civ. R. 55, 

notwithstanding the erroneous statement regarding the maximum penalties contained in 

the FAA's February 17, 2012 Complaint (paragraph 8), the FAA has clearly plead and 

proved its demand for a $4,200 total civil penalty for the three violations. See, Silge v. 

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

demand for judgment ... a defendant who is considering default can look at the damages 

clause, satisfy himself that he is willing to suffer judgment· in that amount, and then 

default .. . ");See also, Steven Baicker-McKee, et al., Federal Civil Rule~· Handbook, 

· West Publishing (2012)(Rules 54 and 55). 

7) Pursuant to Civ. R. 55, the Respondent, Rian C. Seeman,. is liable to the United States of 

America, as represented by the FAA ofthe U.S. Department ofTransportation, for a 

maximum civil penalty''in the total amount of $4,200 for the multiple safety violations 

·identified in both the FAA's February 17,2012 Complaint and in the FAA's July 27, 

2012 Motion to Deem Allegations 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 any smoke detector installed in any airplane)avatory), with a civil 

·· periilit)/of$2,206: .······· · .· · 

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8) 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 in this 

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 of this order. 

Attachment: Service List 

.. 
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 

Rian C. Seeman, Respondent 

· 12433 Pineneedle Drive 

Indianapolis, IN 46236-3160 . 

TEL: 317-657-8965 

ONE COPY 

Rashawn Rich George, Complainant's Counsel 

Office of the 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 Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation _ 

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) 

.. 

r" Service was by U;S:l\1ail. For ser;vice in persotuir by expedited COUrier, use· the folloWing adcfress: '"Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.