SERVED: November 25, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC IN THE MATTER OF JOSEPH D. BARBERA FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2013- 1083**~--** f

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ORDER OF REFERRAL TO FAA ADMINISTRATOR FOR CONSIDERATION AS 'NOTICE OF APPEAL' We issued an Order Entering Default Judgment (hereinafter "Default") against Joseph D. Barbera (hereinafter "Barbera")**R~spondent** on October 15, 2014. In our Default we stated: · The DocketManagement System (hereinafter "DMS")reflects the following pleadings in this case 1: Joseph D. Barbera (hereinafter "Barbera") filed a Request for Hearing dated 24 February 2014. The Federal AviationAdministration (hereinafter "FAA") filed a Complaint dated 6 March 2014. Barberafiled a Letter dated 1 0 March 2014 outlining dates of availability. We served our Procedural Order on March 25, 2014. FAA filed a Motionto Deem Allegations Admitted and to Dismiss Appeal on 18 April2014. We served an Order Denying Agency Motion for Decision onMay 5, 2014.

1As ofthe date ofthe Default. 1FAA filed a Motion for Reconsideration ofDenial ofMotionto Deem Allegations Admitted andto Dismiss Appeal dated 6 May 2014. Withinthat motion is a Motion for Decision (Summary Judgment) and Motionto ExtendDiscovery Deadline. We served anAmended Procedural Order on May 7, 2014. FAA filed Complainant's Motion to Strike Response to Motion for Summary Judgment and Response to Respondent's Motion to Compel Discovery dated 12 June 2014. Neither ofBarbera's pleadings referred to in FAA's 12 June 2014 motion is in DMS nor were they served on .the court. We served our Order on Complainant's Motions on July 10, 2014 extending discovery until October 1, 2014. FAA filed Complainant's Motion for Clarification to the ALJ's 'Order on Complainant's Motions' dated 15 July 2014. According to pleadings filed in DMS, Barberahas failed to Answer the Complaint; failed to respond to our Procedural Order served March 25, 2014; failed to Answer FAA'sMotionto Deem Allegations Admitted and to Dismiss Appeal dated 18 Apri12014; failed to Answer FAA'sMotion for Reconsideration ofDenial.ofMotionto Deem Allegations Admitted andto Dismiss Appeal, Motionfor Decision (Summary Judgment) and Motionto ExtendDiscovery Deadline dated 6 May 2014; failed to respond to our Amended Procedural Order served May 7, 2014; failed to Answer FAA'sMotion to Strike Response to Motion for Summary Judgment and Response to Respondent's Motion to Compel Discover and Motion to Extend Discovery Deadline dated 12 June 2014; nor Answer FAA'sMotion for Clarificationto the ALJ's Order on Complainant's Motions dated 15 July 2014. We issued a Show Cause Order on September 9, 2014, instructing Barbera respond to pleadings on orbefore October 1, 2014. Barberahas failed to do so. Joseph Barbera (hereinafter "Barbera") filed a Response to OrderEntering DefaultJudgment dated September 25, 2014 (sic), a copy ofwhich is attached hereto. Upon issuance ofour Default, we lostjurisdiction overthe within matter and do nothave authorityto reconsiderthe Default or to vacate the Defaule.

2 In the Matter ofGerald W. Keller, FAA OrderNo. 201178, DocketNo. CP06GL0007, FDMS No. FAA 2006-25869, June 13, 2011; see also FAA OrderNo. 2011-2, DocketNo. CP06GL0007, FDMS No. FAA 2006-25869, January 11, 2011. 2WHEREFORE, the Barbera's Response to Order Entering DefaultJudgment is hereby referred and forwarded to the FAA Administrator for consideration.

Richard C. Goodwin U.S. Administrative Law Judge Attachment

- Service List

3SERVICE LIST ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W1000 1

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 AviationAdministration 1601 Lind Ave., S.W. Renton, W A 98057 TEL: 425;.227-1847 FAX: 425-227-1007 ONE COPY

The Honorable Richard C. Goodwin,Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 FDMS No. FAA-2013-1083 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 4