In The Matter Of: 

GARY CARROLL 

Respondent 

SERVED: .January 31, 2017 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF 1-IEAIU~PARTMENT Of_-·---

WASHINGTON, dBANSPORTATIQ_t( _______ _ 

) 

) 

) 

) 

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2011 FEB -2 P 3: 2~ 

Case No. 2012S0150142 

ORDER DISMISSING THE PROCEEDING 

On December 29,2015 an Order Limiting Action on the Case Pending Good Cause 

Submissions, and Providing Direction on Proper Service was filed. Among other things. this 

Order found that both the FAA and the Respondent had failed to tile a proposed 

scheduling/discovery plan pursuant to the directive contained in an August 4, 2015 Court Order. 

In addition, both parties had also failed to appear for a court-ordered Rule 16 Litigation 

Scheduling Conference on November 5, 2015 (10:00 a.m. Eastern Time):There was no 

explanation for the pmiies' failure to file a discovery plan, or for each party's failure to appear 

for a court-ordered Litigation Conference. A record entry was made of the parties' absences and 

non-compliance. ( 11/5/15 Transcript.) Both parties were notified that no further action ''othei· 

than dismissal" unless the parties demonstrated "good cause for their non-compliance." (Aug. 4, 

2015 Order, 4 ~ 1.)\ 

Brief Discussion 

The record reflects that the FAA filed this case with the Office of Hearings on March 9. 

2015. Since tiling the case on March 9, 2015, the FAA has ignored two court orders, failed to 

provide any good cause for noncompliance, and failed to prosecute or appear in the case for 

approximately one year and 11 months. 

Whether an action has been abandoned is a question oflaw ... [when it] is within the 

plaintiffs power to act in furtherance of prosecution and he or she fails to do so through 

negligence or inaction, he or she will be deemed to have abandoned the suit. 

lA C..I.S. Actions§ 336 (2016 Thomson Reuters). 
Based on the record in this case, the FAA should be deemed to have abandoned this case. 

and the matter should be dismissed with prejudice. 

Conclusion 

Having reviewed the case file, all relevant caselaw, statutes, regulations, rules, and 

authority, and being fully advised: 

IT IS HEREBY ORDERED: 

1. This proceeding is deemed to have been abandoned the FAA, and it is dismissed with 

prejudice. 

Attachment: Service List 

Judg 

U.S. 

Page 2 of 2 
Docket No. FAA-2014-0547 

(Civil Penalty Action) 

SERVICE LIST- HY U.S. MAIL 

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 

ONE COPY 

Ms. Andrea Michelle Harper 

Complainant's Counsel 

Federal Aviation Administration 

Enforcement Division, Southern Team 

1701 Columbia Avenue 

College Park, GA 3033 7 

TEL: 404-305-5200 

FAX: 404-305-5223 

Ms. Kathie Lamb-Murray 

Respondent's Lay Representative 

5339 Old Greensboro Road 

Randleman, NC27317 

TEL: 336-521-0722 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 · 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Mr. Gary D. Carroll 

Respondent 

Booking No. 2014 2655 

2390 Phillips Road 

Bartow, FL 33830 

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 2W I 000, Washington, 

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