SERVED: OCTOBER 11, 2012 

201l 1 ? A o. '1! ' L ·- 1• / ') ·-' 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

KELLY McDOWELL 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Case) 

FDMS FAA-2011-1287 

ORDER ENTERING DEFAULT JUDGMENT AGAINST 

RESPONDENT 

~omplainant Federal Aviation Administration ("Complainant"), on September 18,2012, 

filed a Motion for Decision ("Motion"). Complainant stated in support of the relief requested 

that Respondent Kelly McDowell ("Respondent" or "McDowell") failed to file any answer to the 

Complaint. The Complaint is dated November 21, 2011. The agency's Rules of Practice state 

that a person's failure to file an Answer within 30 days of the service of the Complaint without 

good cause shall be deemed an admission of the truth of each allegation of the Complaint. 14 

C.F.R. §13.209(a) and (f). IfRespondent is deemed to have admitted the truth of each allegation, 

then, the argument continues, no genuine issue of material fact remains and Complainant is 

entitled to judgment as a matter of law. 

Our Order to Respondent to Show Cause ("Order to Show Cause") of September 18, 

2012, issued in response to Complainant's Motion, directed McDowell to make certain filings by 

October 3, 2012, or risk sanctions. Specifically, the Order to Show Cause directed Respondent, 

by October 3, 2012, to 1) respond to the Order to Show Cause, stating why the relief requested in 

Complainant's Motion should not be granted; 2) answer Complainant's Complaint; and 3) 
2 

comply with our Procedural Order dated January 9, 2012. Failure to do each of these things in 

full, the Order to Show Cause warned, could result in sanctions therein listed, up to and 

including default (Order to Show Cause, p. 2, ~4). 

Respondent has failed to submit any response at all. 

Respondent has been given ample time and several opportunities to respond. McDowell 

already was warned of the risks of a failure to comply. Yet McDowell has ignored all pleas. 

Respondent has failed utterly in fulfilling pretrial responsibilities to Complainant and to this 

Court. 

WHEREFORE, Complainant's Motion dated September 18,2012, having been read and 

considered, it is ORDERED as follows: 

I. Respondent's Request for Hearing be and is hereby DISMISSED with 

prejudice; and 

2. Judgment be and is hereby ENTERED for Complainant, and as to civil penalty 

in the amount of $500 against Respondent, as requested in Complainant's 

Complaint. 

"·--······ ·Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 

.. 
i 3 

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 2Wl 0001 

Kelly McDowell, Respondent 

716 Hall Vale Drive 

Ft. Worth, TX 76108 

ONE COPY 

Mary Ellen Loftus, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

C~ntral Region, ACE-7 

Federal Aviation Administration 

Room 506, DOT Building 

91 Locust 

Kansas City, MO 64106-2641 

TEL: 816-329-3764 

FAX: 816-329-3771 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office ofHearings, M-20 · 

U;S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX:· 202-366-7536 · 

FDMS No. FAA-2011-1287 

(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 2W1000, Washington, 

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