SERVED: November 25, 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 

~-- f . 

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 Docket Management 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 Aviation Administration (hereinafter "FAA") filed a 

Complaint dated 6 March 2014. 

Barbera filed a Letter dated 1 0 March 2014 outlining dates of 

availability. 

We served our Procedural Order on March 25, 2014. 

FAA filed a Motion to Deem Allegations Admitted and to Dismiss 

Appeal on 18 April2014. 

We served an Order Denying Agency Motion for Decision on May 

5, 2014. 

1 As ofthe date ofthe Default. 

1 
FAA filed a Motion for Reconsideration of Denial of Motion to 

Deem Allegations Admitted and to Dismiss Appeal dated 6 May 

2014. Within that motion is a Motion for Decision (Summary 

Judgment) and Motion to Extend Discovery Deadline. 

We served an Amended 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 of Barbera'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, Barbera has failed to Answer the 

Complaint; failed to respond to our Procedural Order served March 25, 

2014; failed to Answer FAA's Motion to Deem Allegations Admitted and 

to Dismiss Appeal dated 18 Apri12014; failed to Answer FAA's Motion 

for Reconsideration of Denial.of Motion to Deem Allegations Admitted 

and to Dismiss Appeal, Motion for Decision (Summary Judgment) and 

Motion to Extend Discovery Deadline dated 6 May 2014; failed to 

respond to our Amended Procedural Order served May 7, 2014; failed to 

Answer FAA's Motion 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's Motion for Clarification to 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 or before October 1, 2014. Barbera has failed to 

do so. 

Joseph Barbera (hereinafter "Barbera") filed a Response to Order Entering 

Default Judgment dated September 25, 2014 (sic), a copy of which is attached hereto. 

Upon issuance of our Default, we lost jurisdiction over the within matter and do 

not have authority to reconsider the Default or to vacate the Defaule. 

2 In the Matter of Gerald W. Keller, FAA Order No. 201178, Docket No. CP06GL0007, FDMS No. FAA 

2006-25869, June 13, 2011; see also FAA Order No. 2011-2, Docket No. CP06GL0007, FDMS No. FAA 

2006-25869, January 11, 2011. 

2 
WHEREFORE, the Barbera's Response to Order Entering Default Judgment is 

hereby referred and forwarded to the FAA Administrator for consideration. 

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 Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W10001 

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, W A 98057 

TEL: 425;.227-1847 

FAX: 425-227-1007 

ONE COPY 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department ofTransportation 

1200 New Jersey Avenue, S.E. (E11-310) 

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 2WIOOO, Washington, 

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

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