· ... ·. . . . . [] 0RIC!NAL 

/TRANSCRIPT OF PROCEEDINGS 

I~ THE MATTER OF: 

RIAN C. SEEMAN 1 FDMS No. FAA-2012-0198 

Respondent. 

Pages: 

Place: 

1 through 16 

RECEIVED 

AUG- 6 2012 . 

Washington HEARING DOCf(E'f 1 D.C. 

Date: July 10 1 2012 

· HERITAGE REPORTING CORPORATION 

Official Reporters 

1220 L Street, N.W., Suite 600 

Washington, D.C. 20005-4018 

(202) 628-4888 

contracts@hrccourtreporters. com 
1 

IN THE U.S. DEPARTMENT OF TRANSPORTATION 

IN THE MATTER OF: 

RIAN C. SEEMAN, FDMS No. FAA-2012-0198 

9:36 a.m. 

Respondent. 

Suite 600, Conference Room 

Heritage Reporting Corporation 

1220 L Street, N.W. 

Washington, D.C. 

Tuesday, 

July 10, 2012 

The parties met, pursuant to the notice, at 

BEFORE: HONORABLE J.E. SULLIVAN 

Administrative Law Judge 

APPEARANCES: (Via Telephone) 

For the Respondent: 

(No Appearance.) 

For the Complainant: 

RASHAWN RICH GEORGE, Esquire 

Federal Aviation Administration 

Office of Regional Counsel, Southern Region P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

RECEIVED 

AUG- 6 2012 

HEARING DOCKET 

Heritage Reporting Corporation 

(202) 628-4888 
1 

2 (9:36a.m.) 

3 JUDGE SULLIVAN: We're on the record in the 

4 matter of Rian C. Seeman. This is Docket No. FAA5 2012-0198. Today is Tuesday, July 10, 2012, and the 

6 parties have convened for a second litigation 

7 scheduling conference. 

8 The FAA attorney, Rashawn Rich George, is 

9 present by telephone. The Respondent, Rian C. Seeman, 

10 is not present and there is no explanation for his 

11 absence. I will be discussing that at greater length 

12 in just a moment. 

13 Also present with the Court at the Office of 

14 Hearings are two law student interns who are sitting 

15 as observers only. Prior to going on the record, I 

16 spelled their last names. The first observer is 

17 Melissa Ngo. The second observer is Mark Soto. 

18 Good morning, Ms. George. 

19 MS. GEORGE: Good morning. 

20 JUDGE SULLIVAN: Prior to going on the 

21 record, my legal secretary came on the line and 

22 advised us that she had tried to call Mr. Seeman at 

23 two different telephone numbers, and I'm just going to 

24 summarize what Ms. Mays told us all and then I'll ask 

25 Ms. George if she has anything to add to the summary. 

Heritage Reporting Corporation 

(202) 628-4888 

2 
1 In essence, Ms. Mays, my legal secretary, 

2 called Mr. Seeman at the only phone number of record 

3 that we have for him, that is, (317) 657-8965. The 

4 first time she called this number, she reported that 

5 someone answered and then immediately hung up the 

6 phone. She called the number back right away and was 

7 routed to a voicemail message box. She left a 

8 detailed message about who she was and why she was 

9 calling. She then called an alternate number that Ms. 

10 George gave her for Mr. Seeman, that number being 

11 (317) 855-3101. She received a voicemail message. 

12 She left a detailed message at that number as well. 

13 I'll note that after the last litigation 

14 scheduling conference that occurred on June 18, 2012, 

15 I issued an order on June 18, 2012 entitled Order 

16 Granting Continuance Setting Second CR-16 Litigation 

17 Scheduling Conference and Granting/Denying Other 

18 Relief. In that Order, I directed the parties to 

19 jointly file a Rule 26(f) proposed scheduling/ 

20 discovery plan on or before July 6, 2012. I also 

21 ordered Mr. Seeman to immediately contact the Office 

22 of Hearings and provide a working telephone number of 

23 record so that we had a number at which we could call 

24 him for this particular conference. 

25 I'll note that as of today we have not heard 

Heritage Reporting Corporation 

(202) 628-4888 

3 
1 from Mr. Seeman, so the only telephone number of 

2 record we have is the same number that we utilized at 

3 the last conference, which is (317) 657-8965. At that 

4 time, Ms. Mays called that number and the number had 

5 been disconnected. Obviously the number is now back 

6 in use with someone answering the phone but not 

7 staying on the phone long enough to identify him or 

8 herself. 

9 And it appears that, Ms. George, you had 

10 some success using an alternate number, which we also 

11 tried last time on June.18, 2012, but at that time, 

12 that number was also disconnected. 

13 MS. GEORGE: Yes, Your Honor. 

14 JUDGE SULLIVAN: Ms. George, do you have any 

15 correction or addition you'd like to make to the 

16 summary I gave of Ms. Mays' report to all of us before 

17 we went on the record? 

18 MS. GEORGE: I just have an addition. On 

19 June 18, after the conclusion of our 

20 JUDGE SULLIVAN: Okay, I'm going to stop 

21 you, Ms. George, before you go on; It sounds like you 

22 have no addition or correction to the summary I just 

23 gave? 

24 

25 

MS. GEORGE: No. No. 

JUDGE SULLIVAN: Okay. Thank you. Do you 

Heritage Reporting Corporation 

(202) 628-4888 

4 
1 have other information you'd like to provide? 

2 MS. GEORGE: Yes, Your Honor. 

3 JUDGE SULLIVAN: Okay. Please continue. 

4 MS. GEORGE: On June 18, after the 

5 conclusion of the prehearing conference scheduled for 

6 that morning, Mr. Seeman did give me a call on the 

7 afternoon. He indicated that his telephone had been 

8 disconnected that morning. I advised him to give your 

9 office a call, and he also acknowledged receipt of the 

10 settlement promissory note that I had provided to him 

11 on June 15, 2012. 

12 As you recall, at the last prehearing 

13 conference, Mr. Seeman was to, as I indicated, provide 

14 a signed copy of that document by June 25, 2012, and 

15 after receipt the agency would notify your office. 

16 However, as of this date, Mr. Seeman has not returned 

17 a signed promissory note to the office. 

18 JUDGE SULLIVAN: Okay. So essentially the 

19 settlement didn't work? 

20 MS . GEORGE: No. 

21 JUDGE SULLIVAN: All right. So you're the 

22 prosecuting agent. What would you like to do at this 

23 time? 

24 MS. GEORGE: At this time, we would like to 

25 proceed. However, I have not had any further 

Heritage Reporting Corporation 

(202) 628-4888 

5 
1 communication with Mr. Seeman to be able to provide 

2 the litigation report. And I apologize for not 

3 notifying the office prior to the conference of that. 

4 So we have not submitted a joint Rule 16 litigation 

5 report to your office. 

6 JUDGE SULLIVAN: In the future, what I would 

7 recommend that you do is that you submit a Rule 26(f) 

8 report --

9 MS. GEORGE: Yes. 

10 JUDGE SULLIVAN: on or before the 

11 deadline noting that you haven't been able to contact 

12 the other party and simply stating that this is your 

13 proposal since the other party is not responding. 

14 MS. GEORGE: Yes, Your Honor. 

15 JUDGE SULLIVAN: And that way I at least 

16 have your suggestions before me as opposed to no 

17 suggestions. 

18 MS. GEORGE: Yes, Your Honor, and I do 

19 apologize for that. 

20 JUDGE SULLIVAN: Okay. Let me ask you this. 

21 Given the fact that Mr. Seeman has failed to appear 

22 now for two different telephone conferences, is there 

23 any particular reason why we should be setting 

24 litigation at this point if in fact he's in default 

25 status? 

Heritage Reporting Corporation 

(202) 628-4888 

6 
1 MS. GEORGE: Your Honor, I was going to 

2 actually suggest that the agency would file a motion 

3 for summary judgment or judgment on the pleadings. We 

4 have noted as well that Mr. Seeman has failed to 

5 respond to the complaint in this matter and has not 

6 filed an answer as well. 

7 JUDGE SULLIVAN: Okay. There are different 

8 ways that the Court has to look at motions that are 

9 dispositive prior to holding a hearing, so the way the 

10 Court looks at a summary judgment motion is very 

11 different from the way the Court is required to look 

12 at a motion for default. 

13 MS. GEORGE: Okay. 

14 JUDGE SULLIVAN: Which you may or may not be 

15 aware of. Your burden of proof is very different when 

16 you file a motion for summary judgment versus when you 

17 file a motion for default judgment. Are you aware of 

18 those differences? 

19 MS. GEORGE: No, Your Honor. 

20 JUDGE SULLIVAN: Okay. 

21 MS. GEORGE: In my practice, we have not 

22 made the distinction, and I would appreciate if you 

23 would be able to explain it to me. 

24 JUDGE SULLIVAN: I would be delighted to 

25 explain it to you. 

Heritage Reporting Corporation 

(202) 628-4888 

7 
1 MS. GEORGE: Thank you. 

2 JUDGE SULLIVAN: In a motion for summary 

3 judgment, this is a dispositive motion that usually is 

4 utilized when there are two or more parties who are 

5 actively litigating and there are issues that one or 

6 more parties believes are not in material dispute. So 

7 a motion for summary judgment is raised when one or 

8 more parties thinks that there are matters that can be 

9 taken off the table fairly easily without utilizing 

10 the full expense and costs of trial. 

11 So, when you move for summary judgment, the 

12 movant is required to show on a prima facie case that 

13 he or she has evidence that is admissible or could be 

14 admissible under the evidentiary rule standards and 

15 that goes to show in a light most favorable to the 

16 nonmoving party that there are no material issues of 

17 fact in dispute on the matters that are raised by 

18 summary judgment and that the movant is entitled to 

19 judgment as a matter of law as a result. 

20 So the Court has to look at, number one, the 

21 admissibility of the attached evidence, determine 

22 whether it can be even considered in a motion for 

23 summary judgment, and the Court has to look at that 

24 potentially admissible evidence in a light most 

25 favorable to the nonmoving party, which is an 

Heritage Reporting Corporation 

(202) 628-4888 

8 
1 interesting burden for the movant to show. 

2 If the evidence does not carry the day when 

3 it 1 S looked at in a light most favorable to the 

4 nonmoving party/ summary judgment must fail in all or 

5 in part. So there is a type of burden of proof and 

6 presumption given in motions for summary judgment that 

7 are unique to that particular motion. 

8 In a motion for default 1 however 1 completely 

9 different. A motion for default is usually utilized 

10 when one or more parties basically leaves the 

11. courtroom/ leaves the dispute stage 1 doesn 1 t show up 1 

12 evinces by their very absence a lack of interest in 

13 litigating matters. When you have that kind of 

14 scenario 1 the burden of proof 1 the evidentiary matters 

15 that are attached and the Court 1 S presumption are 

16 completely different. 

17 So 1 for example 1 in a motion for default 1 

18 which is usually under C.R. 55 I believe -- I 1 m going 

19 to just double-check. Yes. Under Civil Rule 55 1 

20 basically you can move on affidavits and pleadings. 

21 You don 1 t need to necessarily show any materi'l 

22 evidence that needs to be admissible on its face by 

23 the evidentiary rule. You need to assert that the 

24 opposing party is in default 1 which means that they 

25 have basically failed to appear 1 to respond 1 to 

Heritage Reporting Corporation 

(202) 628-4888 

9 
10 

1 answer, to show up as in this case Mr. Seeman 

2 apparently has failed to do and that there is no 

3 particular reason to expend the resources of time, 

4 money and personnel in pursuing a trial when the 

5 opposing litigant evinces no interest in the matter at 

6 all. 

7 So, in that particular case, really the only 

8 type of evidence or affidavit you would need to submit 

9 would be in support of a civil penalty. Since there 

10 is a tremendous amount of caselaw that talks about how 

11 if in the notice of complaint, for example, you have 

12 not outlined specifically how you got that amount of 

13 money, you would still need to provide some 

14 information in a motion to default to support on a 

15 reasonable basis where you got that amount. 

16 MS. GEORGE: Okay. 

17 JUDGE SULLIVAN: In addition, when I look at 

18 the material, I basically look at your motion for 

19 default in a light most favorable to you as the moving 

20 party. I don't look at it in a light most favorable 

21 to the nonmoving party. I look at it in a light most 

22 favorable to you as the moving party because you're 

23 the only one in the courtroom. So it's a much easier 

24 burden for you to meet, sustain and persuade on if 

25 that makes sense. 

Heritage Reporting Corporation 

(202) 628-4888 
11 

1 MS. GEORGE: Right. Yes. 

2 JUDGE SULLIVAN: So I'm going to see if I 

3 have -- I know that you have colleagues all over the 

4 country. Let me see if I have somebody who recently 

5 did this that you might want to talk with. 

6 I recently issued a default judgment and 

7 civil penalty assessment on another FAA case, and I'm 

8 trying to remember who appeared on that one. And I 

9 don't have that in front of me, but in essence, Ms. 

10 George, what you want to do is you move for -- the 

11 more conservative way to do it, there are lots of 

12 different ways to do it -- you can move to deem 

13 allegations admitted and for default judgment, in that 

14 order. Essentially you're making a motion asking that 

15 the Court find that by his absence from the litigation 

16 the Respondent has admitted to all of the issues in 

17 the complaint. 

18 And you're moving for default not only on 

19 the violation but on the civil penalty, and in the 

20 motion for the default portion, you're attaching 

21 essentially an affidavit or some other material that 

22 gives you -- that gives me, excuse me, persuasive 

23 information about why the civil penalty you're 

24 requesting is reasonable and should be granted. 

25 And you're doing that in part because there 

Heritage Reporting Corporation 

(202) 628-4888 
1 is a need to determine the specific amount of damages 

2 independent -- damages or penalty independent of what 

3 you've pled because it's a monetary fine. 

4 MS. GEORGE: Okay. 

5 JUDGE SULLIVAN: Okay? So, if you have 

6 access to your own database, this particular case was 

7 called Clinton T. Brown, B-R-0-W-N, and I apologize. 

8 I don't know who the FAA attorney was on that at this 

9 point. 

10 MS. GEORGE: Okay. 

11 JUDGE SULLIVAN: But he or ~- I think it was 

12 a he -- basically did a motion to deem allegations 

13 admitted and a motion for default judgment, and it was 

14 granted. 

15 MS. GEORGE: Okay. Great. 

16 JUDGE SULLIVAN: Okay? So why don't I do 

17 this. Why don't I just set a time, a deadline for you 

18 to file that motion. 

19 MS. GEORGE: Yes. 

20 JUDGE SULLIVAN: And then I'm going to send 

21 out an order basically confirming that deadline and 

22 also setting up a deadline for Mr. Seeman to respond 

23 in writing to such a motiop. 

24 

25 

MS. GEORGE: Okay. 

JUDGE SULLIVAN: And if he does not respond, 

Heritage Reporting Corporation 

(202) 628-4888 

12 
13 

1 then I can go ahead and act on your motion without 

2 further conference. 

3 MS. GEORGE: Thank you, Your Honor. 

4 JUDGE SULLIVAN: Okay. So let's take a look 

5 at our calendars, and I'm going to ask you about how 

6 much time you think you would like to have to make 

7 that kind of motion and file it. 

8 MS. GEORGE: If I could have until Monday, 

9 the 16th, that would be sufficient. 

10 JUDGE SULLIVAN: Okay. Well, how about if I 

11 give you until the 31st of July because I'm going to 

12 be out of the office next week altogether. 

13 MS. GEORGE: Okay. 

14 JUDGE SULLIVAN: And I won't even have time 

15 to read it, and I want you to be able to serve it on 

16 Mr. Seeman because I have to add five days to whatever 

17 date. 

18 MS. GEORGE: Yes. 

19 JUDGE SULLIVAN: So how about if we put 

20 July 31, 2012 for your motion deadline? 

21 MS. GEORGE: Okay. 

22 JUDGE SULLIVAN: And then I'm going to give 

23 him let's see. How much time should I give him? 

24 I'm going to give him until the 24th of August, and 

25 I'm doing that in part because I won't be in the 

Heritage Reporting Corporation 

(202) 628-4888 
14 

1 office for part of the two weeks preceding the 24th. 

2 And I think it's better to err on the side of giving 

3 him some time as opposed to not giving him enough 

4 time. 

5 MS. GEORGE: Okay. 

6 JUDGE SULLIVAN: So I will give him until 

7 the 24th for the answer, and then if he fails to 

8 answer on the 24th, I will probably wait five days to 

9 give myself time for the mailing timeline, the five 

10 days for mailing, and if I don't hear anything and all 

11 of your material is in shipshape condition, then I 

12 will act on your motion at that time without further 

13 conference. 

14 MS. GEORGE: Thank you. 

15 JUDGE SULLIVAN: You're welcome. Is there 

16 anything else that we can address for your client 

17 today? 

18 MS. GEORGE: No, Your Honor. 

19 JUDGE SULLIVAN: Okay. Then I will thank 

20 you very much for your time. If you and Mr. Seeman do 

21 talk and he forwards the settlement papers to you 

22 between now and August 24, 2012, just be sure and let 

23 me know. 

24 

25 

MS. GEORGE: Yes, we will do so. 

JUDGE SULLIVAN: In the meantime, I'm going 

Heritage Reporting Corporation 

(202) 628-4888 
1 to wish you a good morning and a good day, and we can 

2 go off the record. 

3 MS. GEORGE: Thank you, and have a good day 

4 yourself. 

5 JUDGE SULLIVAN: Thank you. Bye-bye. 

6 MS. GEORGE: Bye. 

7 (Whereupon, at 9:55a.m., the litigation 

8 scheduling conference in the above-entitled matter was 

9 concluded.) 

10 I I 

11 I I 

12 II 

13 II 

14 II 

15 I I 

16 I I 

17 I I 

18 I I 

19 I I 

20 I I 

21 I I 

22 I I 

23 I I 

24 II 

25 I I 

Heritage Reporting Corporation 

(202) 628-4888 

15 
REPORTER'S CERTIFICATE 

DOCKET NO.: ~OMS rJo. i ,.4A ~ ;)o 10...--- bl ,1> 

CASE TITLE: ~fMI\ (. • S.u.,w.~ 

HEARING DATE: Jvi; I 0 1 J-o \}-

LOCATION: WII.S~)u\ j ~ i [),(_. 

I hereby certify that the proceedings and 

evidence are contained fully and accurately on the 

tapes and notes reported by me at the hearing in the 

above case before 1v-.t_ l).> · ()~U\.1~+ 0 ( lvaAASfll"{...f.,{ntJ.. 

I{) I a..,c:; I ..)..... 

Official Reporter 

Heritage Reporting Corporation 

Suite 600 

1220 L Street, N.W. 

Washington, D.C. 20005-4018 

Heritage Reporting Corporation 

(202) 628-4888 

t6