## * * * U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC 

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# RECEIVED FEB -4 2014 HEARING DOCKET
Inthe Matter of: 

## * FDMSNo: FAA 2013-0717 SAMMYDON LADYMON, JR. 

## * FAA Docket CP No: 

## * To Be Assigned 

## * Hon. Richard C. Goodwin 

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COMPLAINANT'S MOTION FORJUDGMENT ON PLEADINGS
COMES NOW, the Federal Aviation Administration (FAA), through Counsel and
moves the Administrative Law Judge for Judgment onPleadings inthe above case as no material issues offact exist, as a matter oflaw, as to the allegations in the Complainant's Complaint, and as proofthereof, shows the following: I. By FAA's Complaint filed on September 4, 2013, Complainant assessed Respondent a civil penalty in the amount of$11,000.00, attached hereto as Complainant's Attachment C-1. 

### II. On August 21,2013, the FAAwithdrew his Order Assessing Civil Penalty and resent Complainant's Final Notice ofProposed Civil Penalty dated April2, 2013. The Complainant's Final Notice ofProposed Civil Penalty sent on August 21, 2013, was mailed to a different address in order to accomplish service on Respondent. Respondentrequested a hearing via a letter sent to the Agency's counsel on September 3, 2013. However, as ofthis date, Respondent has not filed an answer to the FAA's Complaint. The FAA's Rules ofPractice, 14 C.F.R. §13.209(a), state inpertinentpart, "A respondent shall file a written answer to the complaint, or may file a written motion pursuant to §13.208(d) or §13.218(±)(1-4) ofthis subpart instead offiling an answer, not later than 30 days after service ofthe complaint." Additionally, 14 C.F.R. §13.209(±) explains, "A person's failure to file an answer without good cause shall be deemed an admission ofthe truth ofeach allegation contained in the complaint." Similarly, as Respondent has not filed an answer in this matter, the allegations contained in the FAA's Complaint shouldbe deemed admitted. With all ofthe FAA's allegations deemed admitted, no material issues offact exist as a matter oflaw. Federal Rule ofProcedure 56(a) states inpertinent part, "Aparty may move for summaryjudgment, identifying each claim or defense

- orthe part ofeach claim or defense- on which summaryjudgment is sought. The court shall grant summary judgment ifthe movant shows that there is no genuine dispute as to any material fact and the movant is entitled tojudgment as a matter oflaw." Courtprecedent also supports the Complainant's motion. The United States Court ofAppeals, District ofColumbia Circuit explained inHolcomb v. Powell, "Ifthere are no genuine issues ofmaterial fact, the moving party is entitled tojudgment as a matter of law ifthe nonmoving party 'fails to make a showing sufficient to establish the existence ofan element essential to that party's case, and on which that party will bear the burden ofproofat trial."'. Holcomb v. Powell, 433 F.3d 889, 895 (D.C. Circuit 2006); Celotex Corp v. Catrett, 477 U.S. 317, 322 (1986).WHEREFORE, the Complainant moves the Administrative LawJudge enter
an Order granting Complainant's Motion for Judgment onthe Pleadings, thereby atlirming Complainant's Complaint proposing to assess Respondent $11,000.00 for his violation of 14 C.F.R. §91.11, since no material issues offact exist, as a matter oflaw.

Dated: February 3, 2014 Respectfully submitted, ERIC E. ANDERSON Regional Counsel Southwest Region

By: Yolanda Ay'ala Bernal Agency Attorney PHONE: 817/222-5070 FAX: 817/222-5945 or 5092 email: Yolanda.A.Berna/@ji;w.govCERTIFICATE OF SERVICE
I hereby certify that on this date the original and a copy ofComplainant's Motion for Judgment onthe Pleadings was sent byFederal Express mail, to: Federal Aviation Administration 600 Independence Avenue, S.W. Wilbur Wright Building- Suite 2W1000 Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430
I hereby certify that a copy ofComplainant's Motion for Judgment onthe Pleadings was sent this date by Federal Express mail and FAX to: The Honorable Richard C. Goodwin U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (EII-310) Washington, D.C. 20590 FAX: 202-366-7536 I hereby certifythat a copy ofthis Complainant's Motion for Judgment onthe Pleadings was sentthis date byFederal Express Mail to: Sammy Don Ladymon 1706 Park Circle Garland, TX 75044

Dated: February 3, 2014In the Matter of: U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

FAA Case No. 2011SW290137 SAMMY DON LADYMON, 

### JR. FAA Docket CP No.- To Be Assigned Judge Not Assigned

COMPLAINT The Complainru1t files its complaint, tmder Rule 208 ofthe Rules ofPractice in FAA Civil Penalty Actions, 14 CFR §13.208, and states the following:
I. Respondent Sammy Don Ladymon, Jr., was advised tlnough a Notice ofProposed Civil Penalty that the FAAproposed to assess a civil penalty inthe amount of$11,000.00. On September 3, 2013, Respondent Ladymon submitted a written request for a hearing. II. 1. On or about June 2, 2011, at approximately 9:30p.m., you knowingly aimed a beam oflight from a laser pointer at a Cessna, model C 182 aircraft, operated by personnel from the Federal Bureau ofInvestigation (FBI) inthe City ofGarland, Texas, while they conducted surveillance in the City ofDallas, Texas. 2. The FBI pilot was contacted byAir Traffic Control (ATC) and advised that other pilots were being illuminated by a laser. 3. The FBI pilot then flew overthe northem section ofGarland, Texas, where he observed a green laser being directed at his aircraft. 4. The FBI pilot stated the laser had been shined inhis eyes causing pain.
5. He was repeatedly illuminated by a green laser being shone inhis eyes which blindedhimresulting inhis being temporarily impaired from controlling his aircraft safely. 6. The berun oflight from the laser interfered with the crewmember's performance of his duties.Byreason ofthe foregoing facts and circumstances, you violated Section 91.11 ofthe Federal Aviation Regulations (Title 14, Code ofFederal Regulations), which states that no person may interfere with a crewmember inthe perfonnance ofthe crewmember's duties aboard an aircraft being operated. III. 1. Under 49 U.S.C. §46301, Respondent Ladymon is subject to a civil penalty for each ofthe violations alleged. The maximum penalty per violation is $11,000.00. 2. Under the facts and circumstances ofthis case, a civil penalty of$11,000.00 is appropriate. Complainant respectfully requests that the administrative lawjudge enter an order that Respondent Ladymon be assessed a civil penalty inthe amount of$11,000.00. Submitted this 4111 day ofSeptember, 2013. ERIC E. ANDERSON Regional Counsel Southwest Region
By: Yolanda Ayala Bernal SeniorAttorney Safety Enforcement Branch Phone: (817) 222-5070 FAX: (817) 222-5945 or 5092 e-mail: Yofanda.A.Bernaf(c!Jfiw.govCERTIFICATE OF SERVICE
I certifythat the foregoing Complaint has beenmailedthis date by Certified Mail, Return Receipt Requested and by FAX, to: Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: HearingDocket Clerk, AGC-430 Wilbur Wright Building, Suite 2WIOOO TEL: (202) 385-8229 FAX: (202) 493-5142

and by Certified Mail, Return Receipt Requested to: Mr. Sammy DonLadymon, Jr. 1706 Park Circle Garland, TX 75044

Sy.J; ia C. Twa, Paralegal Specialist Federal Aviation Administration Office ofthe Regional Counsel Southwest Region Date: September 4, 2013