SERVED: SEPTEMBER 9, 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 

ORDER TO 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 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. 

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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 

April2014; 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, 20 14; 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. 

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WHEREFORE, it be and is hereby ORDERED as follows: 

1. That on or before 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 discovery requests of 

the FAA. 

2. Ft1rther, Barbera shall answer this Order stating why the relief requested 

in the Agency's Motions to Strike Response to Motion for Summary 

Judgment should not be granted; and 

3. Absent full and complete responses to paragraphs 1 and 2, Barbera may 

be sanctioned including, but not limited to, allegations in the Complaint 

may be deemed admitted; and/or Barbera may be preCluded from 

introducing any evidence at the hearing other than his own testimony; 

and/or Barbera's Request for Hearing may be dismissed; and/or a Default 

Judgment may be entered against Barbera in the full amount of the fine 

requested by the Agency in its Complaint. 

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 2W1000 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 Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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 2Wl000, Washington, 

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

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