### 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 DOCKETNo. [TO BEASSIGNED] (Civil Penalty Case) FDMS FAA-2011-1287


### ORDERENTERING DEFAULTJUDGMENT AGAINST RESPONDENT**~omplainant** Federal Aviation Administration ("Complainant"), on September 18,2012, filed a Motion for Decision ("Motion"). Complainant stated in support ofthe reliefrequested that Respondent Kelly McDowell ("Respondent" or "McDowell") failed to file any answerto the Complaint. The Complaint is dated November 21, 2011. The agency's Rules ofPractice state that a person's failure to file anAnswer within 30 days ofthe service ofthe Complaint without good cause shall be deemed an admission ofthe truth ofeach allegation ofthe Complaint. 14 C.F.R. §13.209(a) and 

### (f). IfRespondent is deemed to have admitted the truth ofeach allegation, then, the argument continues, no genuine issue ofmaterial fact remains and Complainant is entitled tojudgment as a matter oflaw. Our Orderto Respondent to Show Cause ("Orderto Show Cause") ofSeptember 18, 2012, issued inresponse to Complainant's Motion, directed McDowell to make certainfilings by October 3, 2012, orrisk sanctions. Specifically, the Orderto Show Cause directed Respondent, by October 3, 2012, to 1) respond to the Orderto Show Cause, stating why the reliefrequested in Complainant's Motion shouldnot be granted; 2) answer Complainant's Complaint; and 3)2 comply with our Procedural Order dated January 9, 2012. Failure to do each ofthese things in full, the Orderto Show Cause warned, could result in sanctions therein listed, upto 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 ofthe risks ofa 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 beenread and considered, it is ORDERED as follows: I. Respondent's Request for Hearing be and is hereby DISMISSED with prejudice; and 2. Judgmentbe 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 

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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 2Wl000 1
Kelly McDowell, 

### Respondent 716 Hall Vale Drive Ft. Worth, TX 76108 

### ONE COPY

Mary Ellen Loftus, 

### Complainant's Counsel Attorney, Office ofthe Regional Counsel**C~ntral** Region, ACE-7 Federal Aviation Administration Room 506, DOT Building 91 Locust Kansas City, MO64106-2641 TEL: 816-329-3764 FAX: 816-329-3771 The Honorable Richard C. Goodwin,

### Administrative Law Judge Office ofHearings, M-20 · U;S. Department ofTransportation 1200 NewJersey 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 inperson orby 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.