^CPA ^^mpiMENTOF 

v s . DEPARTMENT OF TRANSPORTATION W^^M^^Iilf o 

OmC R OF HEARINGS "•'• ' ^^^''^'^^^^ 

WASHINGTON,DC . ^ m : - 2 P 2: OU 

In the Matter of Donaa DeVaney, FAA Docket No. CPlOWPOOl 1 

DMS No.: FAA 2010-0785 

FAA Region: Western Pacific 

Respundent Judge: Richard C. Goodwin 

COMPLAINANT'S MOTION FOR SANCTIONS and 

MOTION FOR AN EXTENSION OF TIME 

To: Adininisliaiive Law Judge Richard C. Goodwin and Respondent: 

I'he Federal Aviation Administration ("Agency") by and through counsel 

pursuant to 14 ChR §§13.209 and 13.218, moves that Respondent be sanctioned for her 

failure to comply with Judge Goodwin's Order to Show Cause, sei-ved November 5, 

2010. 

L FACTS AND PROCEDURAL HISTORY 

The Agency served the Complaint on Respondent via certified mail on August (\ 

2010, and it was successfully delivered on August 27, 2010. The Complaint's cover letter 

stated in part: 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OlPRACTICIi REQIJIRF. THAT A WRITTEN ANSWER | 0 THE 

COMPLAINT BE FILED NOT LATER 1 HAN 30 DAYS AFTER 

SERVICE OF THE COMPLAINT. .. . 

Judge Goodwin's Procedural Order, dated September 1, 2010, specifically notified 

Respondent of her obligation to file an answer, quoting 14 CFR § 13.209(e) and warning that 

"failure to file an Answer without good cause is deemed an admission of each allegation in 
the Complaint." On October 15, 2010, the Agency filed a Motion to Deem Allegations 

Admitted due to Respondent's failure to file an answer. On November 5, 2010, Judge 

Goodwin served an Order to Show Cause ordering Respondent, by November 15, 2010; to 

file a response "stating why the relief requested in Complianant's Motion .should not be 

granted"; to "file an Answer to the Complaint"; and to "fully comply with our Procedural 

Order dated September 1, 2010." On November 15, 2010, Respondent lilcd an Answer to the 

Complaint.^ The only other documents included with the Answer were a copy of 

Respondent's Request for Hearing, dated July 29, 2010, with enclosures.^ 

II. ARGUMENT: RESPONDENT SHOULD BE SANCTIONED 

In addition to requiring an Answer to the Complaint, the Order to Show cause 

clearly required the Respondent to "file a response to [the Order to Show Cause] stating 

why the relief requested in Complianant's Motion should not be granted." Respondent 

has not attempted to demonstrate why she had good cause for filing an Answer 98 days 

after service of the Complaint. Indeed, since a majority of Re.spondent's responses to the 

allegations in the Complaint were "I don't know", it is hard to imagine why Respondent 

could not have filed that document in a timely fashion. In any case. Respondent has 

failed to comply with tlie Order to Show Cause in that no excuse lor her delay has been 

proffered. 

Respondent's failure to fully comply with the Order to Show Cause should result 

in one or more of the sanctions cited in paiagraph 4 of that Order. Respondent has 

demonstrated an unwillingness lo comply with the Rules of Practice. Indeed, Respondent 

' ExJiibit "A": Respondent'.? Answer and envelope indicating service on November 15. 2010. 

^ Exliibit "B"': Respondent's request for Healing dated July 29, 2O10. with enclosures. 

£30/3000 SWQ <- VVd SfLSSGtSOS XVd 80:i7L OLOS/SO/Sl 
initially failed to file a Request for a Hearing following service of the Final Notice of 

Proposed Civil Penalty, dated June 28, 2010, and received by Respondent Juno 30. 2010, 

as required by 14 CFR § 13-16(g)(2).^ The Final Notice clearly instructed her to "mail or 

personally deliver, in writing, your request for a hearing in this matter, on or before 15 

days alter you received this Final Notice." In the absence of a Request for Hearing, 

Complainant issued an Order Asse$.sing Civil Penalty on July 22, 2010.'' Respondent 

finally mailed a Request for Hearing on July 29, 2010.^ Even though her Request was 

extremely belated, Complainant exercised its discretion to withdraw the Order Assessing 

Civil Penalty so that Respondent would have the opportunity for a hearing.* In spite of 

Complainant affording Respondent that opportunity. Respondent continues to neglect to 

take the steps required to pursue her Appeal . 

As a result of Respondent's inactions. Complainant moves that Respondent's 

Request for Hearing be dismissed: and/or a Default Judgment be entered against 

Respondent in the full amount of the fine requested in the Complaint. In the alternative, 

Complainant moves that allegations in the Complaint be deemed admitted; and/or 

Respondent be precluded from introducing any evidence at the hearing other than 

personal testimonyIll. MOTION FOR AN EXTENSION OF TIME 

If Complainant's Motion for Sanctions is denied, Complainant moves, pursuant to 

14 CFR § 13.213(b), for an extension olthe deadlines set in the Procedural Order served 

••' Exhibit "C": Final Notice of Proposed Civil Penally, dated June 28, 2010, and USPS Domestic Return 

Receipt dated June 30, 2010. 

•" Exhibil "D": Order Assessing Civil Penalty, dated July 22,2010, and USPS Domestic Return Receipt 

dated July 26,2010. 

•^ Exhibit "B' 

^ Exhibit "E": Withdrawal of Order Ais.se.s.sing Civil Penalty dated August 6,2010. 

3 

ZSO/SOO® SWG * VVd StLSSetSOS XVJ tO:tL 0L02/S0/SL 
September 1, 2010. That Order required discovery to be completed by November 29. 

2010, and required the parties to be prepared to present this case at a hearing as of the 

same dale. Good cause for an extension is present given Respondent ha-s only now filed 

her Answer to the Complaint. Complainant requests that the deadlines for completion of 

discovery and preparation for the hearing be postponed to January 29, 2010. 

IV. CONCLUSION 

The Agency requests thai, pursuant to 14 CFR § 13.209(f) and the Order to Show 

Cause, the Judge dismiss Respondent's Request for Hearing; and/or enter a Default 

Judgment against Respondent in the full amount of the fine requested in the Complaint. 

Jn the alternative, Complainant moves that the Judge deem allegations in the Complaint 

admitted; and/or preclude Respondent from introducing any evidence at the hearing other 

than personal testimony. Finally, the Agency requests that, if its motion for sanctions is 

denied, pursuant to 14 CFR § 13,213(b), the .Tudge extend the deadlines for completion of 

discovery and preparation for the hearing to January 29, 2010. 

Respectfully submitted, 

NAOMI TSUDA 

Regional Counsel 

Bv: 

A 

Adam Runkel 

Attorney 

Federal Aviation Administration 

Office of the Regional Counsel 

Western-Pacific Region 

Dated: 

NOV 2 3 2010 

i30/t00@ SWQ * VVd StLSeetSOS XVd t?o:t'L 0L03/30/3L 
CERTIFICATE OF SERVICE 

•( hereby certify that on this date I have sent by facsimile where indicated and 

placed in the United States mail, postage prepaid, certified mail - return receipt requested 

Complainant's Motion for Sanctions and Motion for an Extension of Time, addressed as 

follows: 

ORIGINAL AND ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

ONE COPY 

Hon. Richard C. Goodwin 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. 

East Building Ground Floor, Room El 2-230 

Washington, D.C. 20590 

Facsimile: (202) 366-7536 

Donna R. DeVaney 

212SteeplebrookDr. 

Spring Branch, TX 78070 

Dated: NOV 2 3 2010 

Jeff Karnb^t^Legal Technician / / 

Office of the Regional Counsel / / 

Federal Aviation Administration ^ 

Westem-Paciiic Region 

Lawndale, California 

5 

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Federal Aviation Administration 

800 Independence Ave, S.W. 

Washington, DC 20591 

in i^iSL^ijv^l^ 

I KF'jO'^iAi, COijNSFL 

F.xhibil A 

November 14, 2010 

Attention: Hearing Docket Clerk, AGC-430 

Wilburn Wright Building - Suite 2W1000 

RE; Response to FAA Case No. 2010WP250031 

Respondent: Donna R. Devaney 

Section II. 

1. Yes. 

2. I do not know. 

•3. I do not know, 

4. I do not know. 

5. I do not know. 

6. I do not know. 

7. I do not know. 

8. No, I was medicated from my recent admittance Co the emergency room 

at Mercy Hospital. 

9. I do not know. 

10. Yes, a policeman boarded the plane and asked to speak to me outside the 

aircraft. He advised me I was being removed from the flight, which I 

informed him I needed to get my personal belongings. When I turned to 

get my property the officer grabbed me by my arm and physically Forced 

me back to the gate area. 

11. No, there was a passenger who had not boarded the aircraft and the plane 

was waiting for the passenger at TSA request. 

12. No. 

Respectfully si^bmitted. 

Donna R. Devaney ( 

Cc: Honorable Richard C Goodwin, Administration Law Judge 

• Adam Runke), Complaint's Council 

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=^r''iGN 

U.S. Depanment Western-Pacific Region PO, Box 82D07 

of TranspcHtaOon Offjce of the Regional Cc»ins«l Los Angelea. C.' 90009-2007 

Federal AvtaUon Telephone: (3110 725-7142 

Adminisvaiian Facsimile: (Sici 725-6ai6 

AUG 0 e 2010 

CEKTmED MAn. - RETURN RECEIPT REQUESTED 

Federa] Aviation Addiaistration 

goo IndeptDdence Avenue, SW 

Washington, DC 20591 

Ann: Hearing Docket Cleric AGC-430 ^ ^ ^ , / ^ ^f--

WUbur Wright Buildine- Sxiite 2W1000 L. P/DCO/^C ^ / / / ^^1)/^ ' 0 /^-> 

Re: In cha Uatter r>f Dftrtna R. nevanev: Ca5> No. 2010WP250031 

Enclosed is a copy of a request for bearing dated July 29, 2010, and the origmaJ ai'd one 

copy of ttc Complaint in the above-referenced, proceedio^ 

I request that the hearing in this matter be held in Che Sacramento, CaJifbmia area, and 

expect that ttie heaiing will last one (1) day. 

Please address all communicaiions for the Regional Coimsel of die Westem-Pacif ic Region, 

IQ the undersigned, at: Office of the Regional Counsel, AWP-7.12, Federal Aviai ?n 

Adniiniiitfarion, Wesiem-Pactfic Region, P. 0. Box 92007, Los Angeles. C A 900«>9-2007, 

Telephone: (310) 725-7142, FAX: (310) 725-4J816. 

Sincerely, 

NAOMI TSUDA 

Regional Counsel 

By .^^^i_^^ ^ : 

AdamRunkd 

Anorijey 

Enclosure!: Request for Hearing; Complaint; Ccnificaie of Service 

NOXE TO RESPONDENT: SECTION 13209 OF THF. CP RULES OF PRACnCE 

REQUIRE TRAT A WRnTEN ANSWER TO THE COMPLAlKT BE FILED >: OT 

LATER THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN 

ALTERKATIV E TO FILINO AN ANS>^'ER, A MOTION MAY BE FILED PUT.SUANT 

TO SECTION 13.20»(D) OR SECTION 13-218(F)(1^) OF THE RULES OF PR-'-LCTICEiSO/SOOia SHQ + VVd StLSeetSOS XVd t70:i?L OLOS/SO/SL 
08/13/201 0 Ig-.I G FAV 2024935ia 2 F* * + DM."; 0002/01 1 

UH/OB/2010 D«:J 2 FA I 3107ZSa»l « AWP-7 ©00 3 

U.5:- DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In ihe Matter of Donna R. Devaney: FAA DOCKET UNASSIO^FED 

FAACASENO . 2010WP2?;OC31 

Respondent. 

JUDGE "NOT ASSIGNED 

C0MPL.\INT 

The ComplaiaaM files its Complaint, puisuam to Rule 208 of the Rules of Practice 

(14 C.F.R. 13.208), and states as follows: 

1. 

Respondent, Donna F_ Devaney, was advised through a Final Notice of Pr:»posed 

Civil Penalty (Final Nodce), dated June 28, 2010, that the FA A proposed to asses'; a civil 

penalty in Ae amount of $2,000.00. Respondent ivas advised Through an Order A-sessing 

Civil Penalty dacted July 22,2010, that no •written request for a hearing had been submitted 

in accordance with xhe instmcdons eomained in the Final Notice. On July 30, 2010, 

Respondent submitted a written request for a hearing. On August 6, 2010, the FA X 

witbdieur the Order Assessing Civil Penalty dated July 22, 2O10. 

n. 

1. On or about March 3, 2010, Respondent was a passenjjer on board Sky King 

flight 2521 from Egg Harbor City, New Jersey, to Houston, Tcxa^. 

2. On the above occasion. Sky King flight 2521 w«s being operated unde- part 121 

of tb« federal Aviation Rcgula.Tion?s. 

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04/06/201 0 0«:3 2 FA I 3iaT2S«81 8 ^y?• ^ '2l*'04 

3. When Respondent bonided the alrciaft Respcndcnt d<=izianded to sit ir a ^ont exit 

row seat to which Respondent ^&-as not assi^cd. 

4. Respondeni argued with iwo fli^i aitcDdanis when they informed R& .pondent 

(hat Respondent could not sit in a ttonr exit row seat, as Respondent a .-'peared to 

be iiuoxicated. 

5. Despite the flight aitendanis' instructions. Respondent tcfijscd to take 

Respondent's assigned scar and continued to demand a front row scat. 

6. The flight ancndants called die flight's Captain for assistance. 

7. Respondent refused to rake Respondent's assigned sear when the flight's Captain 

ret^nested Respondent to do so. 

8. Due to Respondent's behavior and apparent suaie of intoxication, the f: ^1"$ 

Captain decided to have Respondent removed from the aircraft 

9. A crei».Tnember contacted Atlantic City InieinaiioiQal Airport law enfo:"»;ement to 

request their assistance. 

10- Respondent was escorted off the aircraft by the New Jersey State Police. 

11- Respondent's actions, as described above, delayed the flight's depami: -i. 

12, Respondent's actions, as described above, intcrfetcd with the crewmer.-ibcrs' 

duties. 

in. 

By reason of the foregoing facts and ciTCumstaaces, Respondent violated the follcwing 

section of the Federal Aviation Regulations (Title 14, Code of Federal Regulation-)-

a, 121-580, which stales that no person inay assault, threaten, intimidate, JT 

inccrfere with a crewnjcmbcr in the perfonnanoe of the crcuTncmbcr's duties 

aboard aa airccafl being opcreied nnd«r this part. 

IV. 

1. Pursuant to Title 49 U-S.C. Section 4630](aX5)(A), Respondent is nubjcct to 

a civil penalty not to exceed SI 1,000-00 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civiJ penalty of $7,000.00 is 

appropriflici^O/OLOi a SWQ ^ VVd SnSGGtSO S XVd tO: n 0L03/S0/2 L 
"cB/13/2010 1S;17 FAX 2024935142 

08/09/2010 03:33 FA I 31072SS816 

FAA 

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WHEREFORE, the Complainant, rcspectfiJly requests that the Ailministriitivc Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of :E2.O0O.0O. 

Respectfully submitted. 

- ^ 

Adam Runkel 

Atiomcy 

Otfice of the Regional Counsel 

Fed(^ral Aviation Adroinistration 

Wes-tem-Pacific Region 

DATED: AUG 0 6 \ m 

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08/13/2010 T6:l7 FAX 2024935l<l2 

Og/06/2010 09:a3 FAX Jl0725661« 

FAA 

A.WP.7 

QMS ©005/01 1 

1^1 009 

Federal Aviation Administration 

900 Independance Avenue, SW 

Washington OC 20591 

ATtn: Hearing Docket aerk , AGC-430. 

Wilbur Wright DuKding. Room 2W1000 

lut y 79 , 201O 

Western-Pacific Region 

Office of Regfonal Counsel 

P-O- Box 52O07 

Los Angeles. CA 90009-2007 

Attn: Adam Runlcel 

. • -- . 1 

1 L '^ • -

v^T.--!. 

'f 

Rfe: Case No. 2010WP25003a 

To tfjhom (t may concern: 

In compliance with Sactlon 13.16 of the Federal Aviation Regulations, subpart (f (Request 

for d Hearing and subpart P 13.35; r, Oonna R. Oevanev, am requesting a hearl.ig for case 

number 2010WP250031. TTie alleged violation on board Sky King 2S21 was not «:lue to 

intoxication as stated, but the results of medication 1 had reesived in my reoanc ^idmittance 

and release from AC Regional Medical Center, The foKowlrig documentation from rtie AC 

Reigional Mediqal Center Illustrates Che medication which I was administered whll'?- my stay 

In their smargency room. We were advised Dy nr. Runkel Chat his medical staff ni»dica( 

professional« of tlw opinion that it would not have caused ine behavior alleged in the Notlct:, Please 

review the fbllo<Mng medieations and their uaage and side effects: 

Mydrcmorphone : It Is thought to b« 8»10 times stronger than morphine, but witli a lower 

risk of dependency, Hydromorphone is, therefore, preferred over morphine in many ar««a 

ranging from the emergency department to the operating suite to ongoing treatn'ant of 

cbronic pain syndromes. Hydromorphone lacles the toxic metabolites (e.g., norpe:iidine) of 

many opioids relocea to pethidine and some of the methadone and tends to caus*: loss 

nausea than morphine. More common side effects Indude llght-headedness^ dizziness, 

sedation, oonftipatlon, nausea, vorrt»ting, and sweating. 

Ondansetron is a well-tolerated drug wlrh few side effects, Conscipatlon, dizziness and 

headacha are the most commonly reported side effects associated with its use. 

DiphenhYdramine has also been used as an anxiolyOc because of tnese sedan'ng side 

effects. Side effects indude motor impairment (ataxia), dry mouth and throat, flu "-.hed skin, 

increased heart rata (tachycardia), blurred vision at nearpoint owing to lack of 

accoinmodatiDn (cycioplegia), abnomial sensitivity to bright light (photophobia), f'jpi l 

dlladon (mydriasis), urinary retention, constipation, difficulty concer^tratlng, short-term 

memory loss, visual disturbances, hallucinations, irregular breathing, dizziness, frttoblliiy, 

itchy skin, confusion, decreased body temperature (generally in the hands and/or r«et), 

erectile dysfunction, excitability, and delirium 

iSO/SLOia SWO VVd S1?LSeGt303 XVd S0:tL OLOS/SO/SL 
09/13/201 0 16:1 7 FA X 202493514 2 FAA •» OMS @|Ooe/01 1 

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Mecodopr^irnide is commonly used to treat nausaa and vomiting (emesis) asso^riated with 

conditions tnduding: emetogenlc drugs, uremia, radiation sickness, malignancy', lanor, and 

infeo:ion. i t is also used forth * prevention of nausea and vomiting when the priUent is given 

an opiate, such as morphine 

The cause of the hospital admittance was due to a lingering head injury dating t>ack tu 

January 23, 2010 at which time I had suffered a severe concussion. My neurologist has 

diagnosed me with "post concussion syndrome' and described the severity of tiie 

conaission as »n 8 on a scale of 10. Five days after returning from New Jersey I was 

admitted to the hospital for four day stay due to my condition. Each time 1 havr.: been 

admitted to a hospital these same medications have been used and it takes day;; for body to 

recover from their side effects. Hydromorphone alone Is 10 times stronger than morphine 

rind I had onfy been released for 5 hours prior to boarding the air craft. My disc:mfort, 

medication Intake and dilution arc the nature and drcumstances of the vioIaQor. 

1 am requesting this hearing not to justify my manners, but to show evidence what 

Contht>Lfted to it due to my condition. 

Thank, you for your consideration. 

Donna R. Devaney 

Q(rwii-^(i^^. 

Endoi-ed: AWP-7 FORM 2150-25 

AC Regional Medical Center Itemized medical bil 

Cr.: Car ^ W. Tcrasaki (via email) 

iSO/eiOia SWQ <• VVd 3frLSeBl7S0 2 XVd SO:t L OLOS/SO/S L 
09/13/2010 16.17 FAK 2024935142 FAA + DhS I2|007/011 

08/09/201 0 t)»:33 FAJL 3107256B16 AffP-7 IglOOU 

REPLY TO NOTICE OF PROPOSED CIVIL PCNALTY 

For Companies, Security Cases, and Individuals: Other than those ac 'ing in the 

capacfty of a pifot, mechanic, flight engineer or repairman 

Regional Counsel for the Wissiern-Pacific Region 

Federa/ A^fation AdmfnfsCration, AWP-7. 

P.O. Box 92007 

L05 AngeffiS, CA 90009-2007 

Subject: Notice of Proposed Ci'vfi Penalty 

In reply to your Notice of Proposed Cfvfl Psnaitty, I elect to proceed as indicated by my 

ctiGck mark beside the numbered paragraphfs) fae/ovic 

1. [ J I hereby submit the amount of the proposed civil penalty with the , ;. 

understanding that an order assessing civil penalty will bo issued /n the amoura without 

further notice, and that I waive my right to a hearing. 

2.. [ . J rherebysubmfteviderce and information, demonstratfng that a violffiionof_ 

th© regulations did not occur or that the amount of ttia penalty is not warranted ny tlie ~ 

circumstances. 

3. f J I hefBby submit informafibn and records showing that / am financfally uniub/e to pay 

the proposed civii penalty, or that payment of the penatty wou/d prevent me from ccntinuing in 

business. 

4 . 1 J J fiereby request ttiat a civU penalty be assessed fii the amount of S 

and I submrt the reasons forthe reduction of the proposed amount My request c-jfistltirtas 

my agreement that if this Cfff&r Is accepted by the FAA, an Orofer Assessing Cfvif Penally in 

that amount may be issued wfthout further notfoe and J waive my nght to a hearfn;:», 

5.1 J f hereby request an informal conference that wflF bo held at the Office of 

fhe "Regfona/ Counsel, Havvthome. Calffomia, or. - \ • ^ 

fa mutually ixjnvenient location) in orderfo discuss this matter with the attorney In rftairje 

of this case and to present evidence and /nfoimation on my behalf. 

6. f } \ hereby request that the FAA impose a civil penalty wiU^out making the fine ngs of 

violations, and submit my reasons. My request constitutes my agreement that if this ;)ffer is 

accepted, a Compromise Order will be issued ;n tnaf amount and I weiVa my ng/t to a 

hearting, 

AWP-7 FORM 2-r50-25 (12/06 Editfon) 

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7. £ J I hereby claim entitlement to.a waiver of penalty under Che Aviation iiafety 

Reporting Program and enclose evidence that a tfmefy report was filed. As :D tie 

aWegacfons of fact and vrbfat/ons.-

7a. I J I request that an Orcfer Assessing Civil Penalty be i.'ysued and wall'5 my 

right to a heanng7b. [ J I request a hearing in this master >n accordance with paragraph 8. 

8. [^>\ J I hereby request a hearfng in accorcfance with Subpart G of Part 1.9 of the 

Federal AwatFon Regu/ations with theundersfanding that a Complaint v^\l be filec', J 

request that the hearing be hefd in 'Vg'>g<^ J . ] am sendi'ng •'.iis 

request bath to the FAA attorney and to the Federal Aviatjon Administration, tOO 

Independence Ave., SW, Washington, D. C 20591, Attention: Hearing Docket Oleyk, 

AGC-430, Wlltjur WrfghtBuflduM, Suite 2W10(30. .. . 

Signature: 

Name: T^e^*^^/ ^ '^ , IX^s//^^/^- ^ 

Address: ZfZ - 5TKX/C^tS|Ct>»/<-

Tetephone: Cs^C> ^ ggr-T^^- ^ 

Date: C7H"<>' ^ ^' ^ ^ Z^O/O 

:as© No.: •Z o / <^ W y "Z-^QO^ i 

f J I request that future documents in this case be sent fo: 

ame: ' 

dress: __j . . 

;pfV3ne: 

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Exceptional Medical Transportation 

P0B0X19 

WESTPEBLIM^iJ 0B091 

Partem name; DEVANEY, DONNA 

DONNA OeVANEY 

212 STEEPLEBfiOOK DH 

SPRING BRANCH. TX 7B070 

PatJenr SSN; 

P un number: lo-ijTa / 

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Time of cafl; D0:1S 

C'lfer: 

From: HApBAiTS 

To: AG REGIONAL MEDICAL CEN"ER-CrTV 

Primafy payor. Qili P»!iani 

Sec«ndary payer: 

De^crlptJDn Check: • 

BLS Emergency Hasponse 

8LS MJlesi^e 

City oT AC SLS Dispatch Fee 

Quantity 

1 

1 

1 

U nil prce Payment d:: le Amount 

695.00 

9.50 

15.00 

S95.00 

9.50 

15.00 

ToAi a 

PLEASE PAY THIS AMOUNT: $719,SO 

Patient name : DEVANEY , DONN A 

Patient SSM: 

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Run number; 10-12787 

curren t daw : 03/08/2010 

AiTtount ^E 

Due on : a/2i/20l O 

Remit to- E)cc«piionaJ Medical Transportation 

PO BOX 19 

WEST BERLIN. NJ 08091 

rHAN K YOU FOB USING EXCEPTIONAL MEDICAL TRANSPORTATION, IF rNSURANCE (S AVAILABLE TO CCVEF THESE 

JERVICES, PLEASE CONTACT OUR DFRCE. FOR YOU « CONVENIENCe WE ACCEPT ALL MAJOf t CREDIT 

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09/13/2010 IBilB FAX 2024935142 

Oi/O6/20AO 09:33 FA X 31072568L6 

FAA 

Al»P-7 

DMS 1^011/011 

121012 

CERTTFICATF. O F SERVICE 

t hereby certify that on this dale 1 have sent by facsimile and placed in the Uaitcd 

States mail, postage prepaid, certficd mail - return receipt requested, the execut^:l original 

and oTtc copy of the ComplaiTit, addressed «5 follows: 

Federal Aviation Admiiiistraiion 

800 Independence Avenue, S W 

WMhington, DC 20591 

Atm: Hearing Docket Clerk, AGC-43 0 

Wilbur Wright Building—Suite 2W1000 

Facsimile: (202) 493-5142 

J further certify thai on this dare I have placed in the United States mail, pr-sta^ 

prepaid, eeittfied mail - return receipt requested, a cmc copy of the Complaint, adiressed as 

follows; 

Donna R. Devaney 

212SieeplcbrookDr. 

Spring Branch, TX 78070 

Ducd; AUG 0 6 2D10 

^ ^ 

Jeff Kamber^Legal Technician 

Office of the Regional Counsel 

Feder^ Avjation Administiation' 

WcrtcmrPacific Region 

Lawndale, Caiiforoia 

cc: SAC FSDO/AWP-23 0 

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Exhibit C 

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U.S. Department 

of Transportafion 

Federal Aviation 

Administration 

JUN2 8 2010 

Western-Pacific Region 

Office of the Regional Counsel 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

Telephone: (310)725-7142 

Facsimile: (310)725-6816 

CaseNo.2010WP250031 

CERTfflED MAIL - RETURN RECEIPT RHQUESTED AND REGULAR U.S. MAIL 

Donna R. DeVaney 

212SteeplebrookDr. 

Spring Ranch, TX 78070 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

You were advised through a Notice of Proposed Civil Penalty, dated May 5, 2010, that the 

FAA proposed to assess a civil penalty in the amount of $2,000.00. A telephonic informal 

conference was held on May 10, 2010, between yourself and the undersigned counsel. 

Followin.g the informal conference you submitted additional medical documentation, 

Ailer considering all the evidence in this matter, including the information and documents 

you presented during and after the informal conference held on May 10,2010, it appears 

that; 

1. On or about March 3, 20) 0, you were a passenger on board Sky King flight 2521 

from Egg Harbor City, New Jersey, to Houston, Texas. 

2. On the above occasion. Sky King flight 2521 was being operated under part 121 

of the Federa! Aviation Regulations. 

3. When you boarded the aircraft you demanded to sit in a front exit row seat lo 

which you were not assigned. 

4. You argued with two flight attendants when they informed you that you could 

not sit in a &ont exit row seat, as you appeared to be intoxicated. 

5. Despite the flight attendants' instructions, you refused to take your assigned scat 

and continued to demand a front row seat. 

6. The flight attendants called the flight's Captain for assistance. 

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Donna R. DeVaney 2 

7. You refused to take your assigned seat when the flight's Captain requested you to 

do so. 

8. Due to your behavior and apparent state of intoxication, the flight's Captain 

decided to have you removed from the aircraft. 

9. A crewmember contacted Atlantic City International Airport law enforcement to 

request their assistance. 

10. You were escorted off the aircraft by the New Jersey State Police. 

11. Your actions, as described above, delated the flight's departure. 

12. Your actions, as described above, interfered with the crewmembers' duties. 

For these reasons, it appears you violated the following Federal Aviation Regulations (Tide 

14, Code of Federal Regulations): 

a 121.580, which states that no person may assault, threaten, intimidate, or 

interfere with a crewmember in the performance of the crewmember's duties 

aboard an aircraft being operated under this part. 

Under 49' U.S.C. 46301(a)(5)(A), you are subject to a civil penalty for each of the violations 

noted. The maximum penalty for each violation is $11,000.00. We propose to assess a civil 

penalty for all the violations noted in the total amount of $2,000.00. 

Unless you mail or personally deliver, in writing, your request for a hearing in this matter, 

on or before 15 days after you received this Final Notice, we will issue an Order Assessing 

Civil Penalty and you will have no fluther right to a hearing. If you do not submit a written 

request for a hearing, you must pay the proposed civil penalty. 

Your request for a hearing must be sent to: (1) For U.S. mail or certified mail - Federal 

Aviation Administration, 800 Independence Avenue, SW, Washington, DC 20591, 

Attention: Hearing Docket Clerk, AGC-430, Wilbur Wright Building—Room 2W1000; (2) 

for commercial expedited courier (overnight mail) - Federal Aviation Administration, 600 

Independence Avenue, SW., Wilbur Wright Building, Suite 2W1000, Washington, DC 

20591, Attention: Hearing Docket Clerk, AGC-430; (3) a copy MUST be sent to the 

undersigned FAA attorney in the Office of the Regional Coimsel, P.O. Box 92007, Los 

Angeles, CA 90009-2007, (310) 725- 7142. Your request must be dated and signed, in 

accordance with Section 13.16 of the Federal Aviation Regulations, sent to you with the 

Notice of Proposed Civil Penalty (14 C.F.R. 13.16). 

You may pay the proposed penalty by submitting a certified check or money order payable 

to the "Federal Aviation Administration", to FAA/MMAC, AMZ-310-WP/NM, PO Box 

25770, Oklahoma City, OK 73125. 

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Donna R. DeVaney 3 

In the alternative, you may pay your civil penalty with a credit card over the Internet. To pay 

electronically, visit the web site at http://www.pav.gov. Under the "Search Public Form.s" 

option located on the left side of the page, type FWP-FINEl and press "Go." On the page 

entitled "Search Public Forms," scroll to the bottom of the page and enter "Next Page." 

Click on "FAA Civil Penalty Payments - Western-Pacific Region," follow the prompts to 

complete the requested information and click "submit" to pay by credit card. Please advise 

me of the date of any payment made over the Internet. 

NAOMI TSUDA 

Regional Counsel 

By: 

Adam Runkel 

Attorney 

cc: AWP-230, SAC FSDO 

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Exhibit D 

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U.S. Department 

of Transportation 

Federal Aviation 

Administration 

JUL 2 2 2010 

Western-Pacific Region 

Office of fhe Regional Counsel 

P.O. Box 92007 

Los Angeles, CA 90009-2OQ7 

Telephone: (310) 725-7142 

Facsimile: (310) 725-6816 

CaseNo. 2010WP250031 

CERTIFIED MAIL - RETURN RECEIPT REOUESTED AND REGULAR U.S. MAIL 

Donna R. DeVaney 

212 Steeplebrook Dr, 

Spring :Ranch, TX 78070 

ORDER ASSESSING CIVIL PENALTY 

On June 30, 2010, you received a Final Notice of Proposed Civil Penalty dated June 28, 

2010, advising you that the Federal Aviation Administration (FAA) proposed to assess a 

civil penalty in the amoimt of $2,000.00. The Final Notice also advised you that you had 15 

days fiom the date of receipt to submit a written request for a hearing in accordance with 

instructions contained therein. To date, you have not submitted a written request for a 

hearing in accordance with the instructions contained in the Final Notice. 

After considering all the evidence in this matter, the Administrator hasdetermined that: 

1. On or about March 3, 2010, you were a passenger on board Sky King flight 2521 

from Egg Harbor City, New Jersey, to Houston, Texas. 

2. On the above occasion, Sky King flight 2521 was being operated under part 121 

of the Federal Aviation Regulations. 

3. When you boarded the aircraft you demanded to sit in a front exit row seat to 

which you were not assigned. 

4. You argued writh tviro flight attendants when they informed you that you could 

not sit in a front exit row scat, as you appeared to be intoxicated. 

5. Despite the flight attendants' instructions, you refused to take your assigned seat 

and continued to demand a front row seat. 

6. The flight attendants called the flight's Captain for assistance. 

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Donna R. DeVaney 2 

7. You refused to take your assigned seat when the flight's Captain requested you to 

do so8. Due to your behavior and apparent state of intoxication, the flight's Captain 

decided to have you removed fi-om the aircraft. 

9. A crewmember contacted Atlantic City International Airport law enforcement to 

request their assistance. 

10. You were escorted off the aircraft by the New Jersey State Police. 

11. Your actions, as described above, delayed the flight's departure. 

12. Your actions, as described above, interfered with the crewmembers' duties. 

For these reasons, you violated the following Federal Aviation Regulations (Title 14, Code 

of Federal Regulations): 

a. 121.580, which states that no person may assault, threaten, intimidate, or 

interfere with a crewmember in the performance of the crewmember's duties 

aboard an aircraft being operated under this part. 

NOW, THEREFORE, IT IS ORDERED, pursuant to Title 49 U.S.C. Section 46301 that you 

are assessed a civil penalty in the amount of $2,000.00. 

You are ordered to pay, immediately, the assessed amount by mailing or delivering a check 

or money order in the amount of $2,000.00, payable to "Federal Aviation Administration," 

to FAA/MMAC, AMZ-310-WP/NM, P.O. Box 25770, Oklahoma City. OK 73125. The 

amount of civil penalty assessed in this Order constitutes a debt owed to the United States. 

You have now exhausted your right to seek review of the validity or amount of this debt. If 

this debt is not paid in fiill within 30 days of your receipt of this letter, the debt is considered 

delinquent. For delinquent debts, federal regulation (49 CFR Section 89.23) requires us to 

charge interest from the date of this Order at a fixed annual rate of 1%, along with an 

administrative charge of $12.00 per month, representing our costs of administrative 

collection. Furthermore, if the full amount assessed is not paid in full within 120 days of 

your receipt of this letter, we are required to assess an additional penalty at an annual rate of 

6%, accruing from the date of delinquency. Delinquent debts may be reported to consumer 

reporting agencies or commercial credit bureaus, which could adversely affect your credit 

rating. Nonpayment of this debt may ultimately result in a referral to a collection agency, 

the Treasury Department, or to the United States Department of Justice for enforced 

collection. 

You may pay your civil penalty with a credit card over the Internet. To pay electronically, 

visit the web site at htfp://wwiv.pflv.£pv. Under the "Search Public Forms" option located 

on the left side of the page, type FWP-FINEl and press "Go," On the page entitled ''Search 

Public Forms," scroll to the bottom of the page and enter "Next Page." Click on '^FAA Civil 

i^O/t^SOia swo * VVd SnSGGtSOS XVd 90: n 0L02/S0/2L 
Donna R. DeVaney 

Penalty Payments - Western-Pacific Region," follow the prompts to complete the 

requested information and click "submit" to pay by credit card. Please advise me of the date 

of any payment made over the Internet. 

NAOMI TSUDA 

Regional. Counsel 

By: y^-pCc^^ ;r<^^.'<^H^LL. 

Adam Runkel 

Attorney 

cc: AWP-230, SAC FSDO 

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Exhibit H 

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U.S. Department 

of TranEiportatwn 

Federal Aviation 

Adminfettraljun 

AUG 0 6 2010 

Western-Pacific Region 

Office of the Regional Counsel 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

Telephone; (310)725-7142 

Facsimile: (310)725-6816 

CaseNo.2010WP25003l 

CERTIFIED MAIL - RETURN RECEIPT REOUESTED AND REGULAR U.S. MAIL 

Donna R. DeVaney 

212 Steeplebrook Dr. 

Spring Branch, TX 78070 

WITHDRAWAL OF ORDER ASSESSING CTVIL PENALTY 

On June 30,2010, you received a Final Notice of Proposed Civil Penalty dated June 28, 

2010, advising you that the Federal Aviation Administration (FAA) proposed to assess a 

civil penalty in the amount of $2,000.00. The Final Notice also advised you that you had 15 

days from the date of receipt to submit a written request for a hearing in accordance with 

instructions contained therein. You failed to submit a written request for a hearing in 

accordance with the instructions contained in the Final Notice and an Order Assessing Civil 

Penalty was issued on July 22,2010. Subsequently, the FAA allowed you to file a belated 

request for a hearing, which was served on July 30,2010. 

Consequentially, the FAA hereby withdraws the Order Assessing Civil Penalty. 

NAOMI TSUDA 

Regional Counsel 

By: ^-o^-^- / 

Adam Runkel 

Attorney 

cc: AWP-230, SAC FSDO, AMZ-350 (by e-mail) 

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