05/03/2010 15:52 FAX 2024935142 FAA * DMS 0001/00 7 

O cr 

U.S. Deportment 

of Transportcrtlon 

Federal Aviatfon 

AdmlnlshoKon 

Souttiwest Region 

Arkansas, Louisiana. 

New l\^exicio. Olclahoma 

Texas 

Office of Regional Counsel 

2601 M'^cham Blvd., Rm. 663 

Fort Worth. TX 76137-0007 

(817)222-5099 

(817) 222-5945/5092 FAX 

. ji--,.-:-'w i ii^lif*"i^* - u 

April 14, 2010 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administration '* • 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Doclcet Clerk, AGC-430 

Wilbur Wrigiit Building, Room 2W2014 "• ^-'' 

In thie Matter of_RoslvnQ Marie Elder 

Docket No.: CP - To Be Assigned 

FAA Case No. 2009SW290135 / 

Dear Sir or Madam: tP\ D S \/jdt>f M D - 65^5^ 

Enclosed are tlie original and one copy of tlie complaint in the above-referenced proceeding. 

The Complainant requests that the hearing in this matter be held in the Arlington, Texas area, 

and expects that the hearing will last two day. 

Please serve me with all documents in this matter. 

Federal Aviation Administration 

Southwest Region, ASW-7E3. YAB 

Office of the Regional Counsel 

2601 Meacham Blvd., Room 663 

Fort Worth, TX 76137-0007 

Sincerely, 

LYNETTE WORD 

Regional Counsel 

Southwest Region 

/ 0' 

By: / ^ 

Yolanda Ayala Bemal 

Agency Attorney 

Safety Enforcement Branch 

{817)222-5070 

FAX (817) 222-5945/5092 

Email: yDlanda.a.bernai@faa.gov 

Enclosures 
05/03/2010 15;53 FAX 2024935142 FAA + DMS 0 002/007 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

Roslyne Marie Elder 

FAA Case No. 2009SW290135 

FAA Docket CP No.: To Be ASsSigned 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its 

Complaint, pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and 

states as follows: 

I. 

On March 3, 2010, Ms. Roslyne Marie Elder was advised through a Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount 

of $11,000.00. Respondents request for hearing is dated April 6, 2010, sent by 

Ms. Elder's attorney, Eddie Lopez, 

1. On July 9, 2008, Ms. Elder was a passenger on board Southwest Airline, 

flight 1934. an air carrier from Jacksonville, Florida (JAX), to Fort 

Lauderdale, Florida (FLL). 

2. On the flight described in paragraph 1, Ms. Elder was asked multiple times 

to put her seatbelt on for landing. 

3. As the flight was preparing for landing, Ms. Elder was asked by flight 

attendant Maxwell to put her seatbelt on and to shut off her cell phone. 

4. Ms. Elder disregarded the flight attendants instmctions. 

5. The flight attendant removed Ms. Elder's cell phone from her possession. 

6. When the aircraft was minutes from the ground Ms. Elder pulled flight 

attendant Roark's hair, and repeatedly hit Ms. Roark. 

7. Flight attendant Maxwell came to assist the flight attendant Roark because 

Ms. Elder had pinned Maxwell to the seat. Flight attendant Maxwell 

notified the cockpit of the situation. 

8. The Captain requested Security meet the flight. 
05/03/2010 15:53 FAX 2024935142 FAA •> DMS 1003/007 

9. Ms. Elder got out of her seat and started yelling she wanted her cell phone 

back because she paid $800 for her ticket and she had obeyed every rule. 

10. Ms. Elder also threatened to punch the flight attendant Roark in the face. 

11. The Flight attendants told Ms. Elder to sit down and put her seatbelt on as 

the aircraft was about to land. 

12. Ms. Elder finally sat down prior to landing. 

By reason of the foregoing facts and circumstances, Respondent violated the 

following Federal Aviation Regulations (FAR): 

a. Section 121.306(a), was violated when she operated a portable electronic 

device on the aircraft and; 

b. Section 121.580, was violated when she interfered with crewmembers in 

the performance of their duties aboard an aircraft being operated under 

this part. 

Additionally, by reason of the foregoing. Respondent also violated §46318 of Title 49 

of the United States Code which states that an individual who physically assaults or 

threatens to physically assault a member of the flight crew or cabin crew of a civil 

aircraft or any other individual on the aircraft, or takes any action that poses an 

immediate threat to the safety of the aircraft or other individuals on the aircraft is 

liable to the United States Government for a civil penalty of not more than 

$25,000.00-

IV. 

1. Under 49 U.S.C. §46301, Respondent Roslyne Marie Elder is subject 

to a civil penalty for each of the violations alleged. The maximum penalty per 

violation is $11,000.00. 

2. Under 49 U.S.C. §46318, Respondent Roslyne Marie Elder is subject 

to a civil penalty. The maximum penalty in violation of 46318 is $25,000.00. 

3. By reason of the foregoing facts and circumstances, we propose to 

assess a civil penalty for the violation noted above In the amount of $11,000.00. 

Complainant respectfully requests that the administrative law judge enter an 

order that Respondent Roslyne Marie Elder be assessed a civil penalty in the 

amount of $11,000.00. 
05/03/2010 15:53 FAX 2024935142 FAA DMS i004/00 7 

i l h Submitted this 14'" day of April 2010. 

LYNETTE WORD 

Regional Counsel 

Southwest Region 

By: 

Yolanda Ayala Bemal, Attorney 

Safety Enforcement Branch 

(817)222-5070 

FAX (817) 222-5092 

e-mail: Yolanda.A. Bernal<S>.faa.gov 
05/03/201 0 15:5 3 FAX 202493514 2 FAA * DMS 0005/007 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been mailed this date by 

Regular Mail & Certified Mail, Return Receipt Requested, to: Respondent Roslyne 

Marie Elder in-care-of her attomey, Eddie Lopez, and Certified Mail, Return Receipt 

Requested, to: the Hearing Docket Clerk. 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room 2W2014 

Ms. Roslyne Marie Elder 

c/o Eddie Lopez, Esq. 

Venture Corporate Center 

3440 Hollywood Blvd., Suite 415 

Hollywood, FL 33021 

G.Gay Whittington-Hopkirls 

Management & Program Analyst 

Federal Aviation Administration 

Southwest Region 

Date : Apri l 14, 2010 
05/03/201 0 15:5 3 FAX 2024935142 FAA + DMS 0006/007 

Law Office of Edward A. Lopez 

Attorney At Law 

April 6'\ 2010 

Hcarinfi Docket 

Attn: Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

800 Independence Avenue S.W. 

Wilbur Wrighi Building, Suite 2W1000 

Washington. DC 20591 

Re: The Matter uf Roslyne Marie Elder 

Case# 2009SW290135 

Dear Hearing Docket Clerk: 

1 represent Ms. Elder in the above-referenced case. Please take this letter as her 

official request tor a hearing in the above matter. Thank you for your time and attention 

to this matter. 

CC: Roslyne Elder 

Lynette Word, Esq., U.S. Dept. of Transportation, Regional Counsel 

i) ".iiiiCX-:' . •':'"•; ; 

Venture Corporate Center 

3440 Hollywood Blvd. Suite 415 

Hollywood, FL 33021 

Tel 954»241«4205 

Fa3<954«241«4206 
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