SERVED: July 10, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

JOSEPH D. BARBERA 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA 2013- 1083 

ORDER ON COMPLAINANT'S MOTIONS 

By prior Orders we denied the Federal Aviation Administration (hereinafter 

"Complainant") Motion for Decision and Motion to Reconsider our Order Denying 

Motion to Deem Allegations Admitted and Dismiss Appeal. 

Complainant has filed a Motion to Strike Response to Motion for Summary 

Judgment and Response to Respondent's Motion to Compel Discovery. Neither of 

Respondent's pleadings referred to in Complainant's Motion have been presented to the 

court. 

This is a formal Administrative Hearing. We expect Respondent to comply with 

all the applicable rules. If Respondent fails to comply with applicable rules, Respondent 

may be sanctioned including, but not limited to, allegations in the Complaint may be 

deemed admitted; and/or Respondent may be precluded from introducing any evidence at 

the hearing other than his own testimony; and/or Respondent's Request for Hearing may 

be dismissed; and/or a Default Judgment may be entered against Respondent in the full 

amount of the fine requested by the Agency in its Complaint. 

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Paragraphs #2 and #3 of the Procedural Order are amended as follows: 

WHEREFORE, the parties be and are hereby ORDERED to adhere to the following 

procedural schedule: 

1. On or before October 1, 2014, the parties shall conclude all discovery 

including, but not limited to, depositions, document production, responses 

to production requests and/or'interrogatories. Ifthe parties cannot resolve 

a discovery dispute they shall submit the dispute to the undersigned for 

resolution in a timely manner; 

2. The parties shall be prepared to present this case at a hearing on or after 

October 1, 2014, subject to the availability of courtroom facilities. The 

specific date arid time for the hearing will be forthcoming in a separate 

Order. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 

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SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington; DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0001 

Joseph D. Barbera, Respondent 

14706 N.E. Erickson Dr. 

La Center, W A 98629-4405 

TEL: NOT PROVIDED 

FAX: NOT PROVIDED 

David F. Shayne, Complainant's Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601- Lind Ave., S.W. 

Renton, WA 98057 

TEL: 425-227-1847 

FAX: 425-227-1007 

ONE COPY 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office ofHearings, M-20 · 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E 11-31 0) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

FDMS No. FAA-2013-1083 

(Civil Penalty Action) 

1 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 2Wl000, Washington, 

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

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