04/18/2014 10:35 4252271007 

DAVID F. SHAYNE 

r AA OFFICE OF RGGIONAL CoUNSEL 

1601 L!NDAV!l., SW 

RENTON, W ASH!NGTON 9805 7 

TELEPHONE: (425) 227-2165 

fACSIMILE: (425) 227-1007 

ANM7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Joseph D. Barbera FAA Case No. 2013NM090056 

Judge Richard Goodwin. 

PAGE 03/04 

COMPLAINANT'S MOTION TO DEEM ALL EGA TlONS ADMITTED AND TO 

DISMISS APPEAL 

NATURE OF MOTJON 

The undersigned counsel for the Federal Aviation Administration (FAA), pursuant to the 

provisions of 14 C.F.R. Sections 13.209(t) 13.218([)(2) hereby brings 1) a Motion to Deem 

Allegations Admitted and 2) Motion to Dismiss Appeal in this case, pursuant to the Rules of 

Practice in FAA Civil Penalty Actions. 

BASIS FOR REQUESTED RELIEF 

In support of this Motion, FAA states as follows: 

1. On February 18, 2014, FAA filed its Final Notice of Proposed CiviJ Penalty in 

this case. 

2. On March 3, 2014. Respondent filed a written request for a hearing. 

3. On March 6, 2014, the FAA filed its Complaint, specifically advising Respondent 

that, unde1: Section 13.209(a) of the Rules of Practice, an Answe~ to the 

Complaint was due to be filed no later !ban 30 days after service of the Complaint 

(in this case, no later than April 5, 20 14) an.d that failure to fi.le without good 

cause shall be deemed an admission ofea.ch allegation. 

MOTION DISMISS 

FAA v, Joseph D . .Barbera. 

FAA Ca<e No. 20 13NM090056 

Pag• I ofJ 

DAVJD F. SHAYNE. fAA ATTOI\NEY 

TBL; (425) 227-2!65c FAX; (425) 227-liHI7 
04/18/2014 10:35 4252271007 ANM7 

PAGE 04/04 

4. On March 25,2014, the assigned ALJ issued a Procedural Order to both parties in 

which he specifically notified Respondent that he must file a written Answer or 

Motion within 30 days of service oftl1e Complaint. 

5. Respondent, as ofthis date, has still not flied an Answer to the Complaint 

Under Sectfon 13.209(f) of the Rules of Practice, failure to file an Answer within the time 

prescribed by the Rules shall be deemed an admission of the truth of each allegation contained in 

the Complaint 

WHEREFORE, FAA respectfu.IJy requests that the Administrative Law Judge issue an 

Order, finding all of the allegations in the Complaint in this case to be admitted, and an Order 

dismissing Respondent's appeal for failure to file an Answer. 

CONCLUSION 

For the reasons stated above, the appeal in this matter should be dismissed due to 

Respondent's failure to file an Answer to the Complaint, and that Respondent be ordered to comply 

with Complainant's Final Notice of Proposed Civil .Penalty as the final Order in this case. 

Respectful! submitted this !8'h day of April 2014. 

DA VlD F. SHAYNE 

FAA Attorney 

COMPLAiNT 

FAA. v, .Jo~cph D. I3a.ri)cra. 

FAA Case No. 20l3NM090056 

Page 2 of3 

DAVT]) F. SHA YN'E .• . FAA ATTORNF:';Y 

HoL: (425) 227-2165; PAX; (425) :!27-1007 
04/18/2014 10:35 4252271007 AN1~7 PAGE 02/04 

CERTIFICATE OF SERVICE 

l hereby certify that the foregoing Motion for Dismissal has been served as dcsi gnated by the 

recipient's name this date, to the fol.lowing: 

Federal Aviation Administra.tion-Facsimile and First Class. Rettm1 Receipt Requested Mail 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2WlOOO 

800 Independence Avenue SW 

Washington, D.C. 2059] 

Fax: (202) 493-5142 

Joseph D Barbera- First Class and Return Receipt Requested Mail 

14706 NE Erickson Dr. 

La Center, WA 98629-4405 

Dated this 18111 day of April 2014. /)' 

chi~%< Tern ljtn:k 

COMPLAfNT 

FAA v. Joseph D. Barbera., 

P /\A C"-.<c No_ 2013NM090056 

Page 3 of3 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

(425) 227-2007 

DAVlD F_ ~1-lt\YNf:. FAA ATTORNI.lY 

TEl.: (425) 227-2165: FAX: (425) 227-1007 
04/18/2014 10:35 4252271007 ANM7 

fACSIMILE MESSAGE 

DAVID F. SHAYNE 

.FEDERAL AVIATION ADMINISTRATION 

OFFICE OF REGIONAL COUNSEL 

ANM-7 

1601. LIND AVENUE S.W. 

RENTON, WASJJINGTON 98057 

PAGE 01/04 

The infonnation contained in this facsimile message is legally privileged and confidential 

information and is intended only for the use ofthe individual named on this cover sheet. 

If the reader of this message is not the intended recipient, you are hereby notified that any 

use, dissemination, distribution, or copy of this facsimile is strictly prohibited. If you 

have received this facsimile in error, please immediately notify us by telephone at 

425-227 "2007. 

DATE: 

TO: 

FAX NO.: 

April 18, 2014 

Hearing Docket Clerk 

(202) 493-5142 

NO. PAGES: 4 including cover·~ FROM: David F. Shayne 

FAX NO.: 425-227-2165 

PHONE NO.: PHONE NO.: 425-227-2160 

RE' M"kl. I E,..;,, ' 

Stanton, 1 

Case No. I 

2012NM130028. ____ ----·-----·