### SERVED: SEPTEMBER 9, 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
ORDERTO SHOW CAUSE The Docket Management System (hereinafter "DMS") reflects the following pleadings in this case: 1 oseph 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 10 March 2014 outlining dates ofavailability. 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.

1FAA filed a Motion for Reconsideration ofDenial ofMotionto Deem Allegations Admitted and to Dismiss Appeal dated 6 May 2014. Within that motion is a Motion for Decision (Summary Judgment) and Motionto 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 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 Answerthe Complaint; failed to respond to ourProcedural Order served March 25, 2014; failed to Answer FAA'sMotionto Deem Allegations Admitted and to Dismiss Appeal dated 18 April2014; failed to Answer FAA'sMotionfor Reconsideration ofDenial ofMotion to Deem Allegations Admitted and to Dismiss Appeal, Motion for Decision (Summary Judgment) and Motionto Extend Discovery Deadline dated 6 May 2014; failed to respondto 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 Motionto Compel Discover and Motionto 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.

2WHEREFORE, itbe and is hereby ORDERED as follows: 1. That onorbefore October 1, 2014, Barbera shall:
a. Answer FAA's Complaint; and b. File a responses to all FAA's Motions; and
c. Shall fully and completely comply with all discoveryrequests of the FAA. 2. Ft1rther, Barbera shall answerthis Order statingwhy thereliefrequested inthe Agency's Motions to Strike Response to Motion for Summary Judgment shouldnotbe granted; and 3. Absentfull and complete responses to paragraphs 1 and 2, Barberamay be sanctioned including, butnot limitedto, allegations inthe Complaint maybe deemed admitted; and/or Barbera maybepreCluded from introducing any evidence atthe hearing other than his owntestimony; and/or Barbera's Request for Hearing maybe dismissed; and/or a Default Judgment may be entered against Barberainthe full amount ofthe fine requested bythe Agency inits Complaint.

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 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 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 or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 4