In The Matter Of: 

JOHN WALSH 

Respondent 

SERVED: SEPTEMBER 19, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

) 

) 

) 

) 

) 

Docket No. FAA-2014-0550 

Case No. 2014S0190010 

ORDER DISMISSING PROCEEDING 

On September 10,2014, the FAA filed an Unopposed Request to Terminate Proceedings1 

stating that the "underlying Order at issue in this case concerns allegations of actions taken by 

Respondent while acting as an airman," and that the FAA had "inadvertently filed the Complaint 

... with the fAA Civil Penalty Hearing Docket Clerk, rather than with the [National 

Transportation Safety Board] Office of Judges." 

After reviewing all relevant caselaw, decisions, regulations, statutory authority, and being 

fully advised; 

IT IS HEREBY ORDERED: 

1. Pursuant to 14 C.F.R. § 13.215, the FAA has withdrawn its Complaint, and this 

proceeding is dismissed with prejudice. 

Attachments: 1) Service List 

2) Copy ofthe FAA's Unopposed Request to Terminate Proceedings 

1 The FAA's document incorrectly identified the Docket Number for this proceeding as FAA-2015-0550. This is 

obviously a typographical error; however, a copy of the Unopposed Request to Terminate Proceedings served on 

the Office Hearings is attached to ensure that it is filed in Docket Number FAA-2014-0550. 
SERVICE LIST- BY 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 2W1 0002 

Mr. Christopher R. Stevenson 

Complainant's Counsel 

Office ofthe Regional Counsel, AS0-7 

ONE COPY 

Federal Aviation Administration, Southern Region 

1701 Columbia A venue 

College Park, GA 30337 

TEL: 404-305-5200 

FAX: 404-305-5223 

Mr. Stuart A. Goldstein 

Respondent's Counsel 

Stuart A. Goldstein, P .A 

7300 North Kendall Drive, Suite 380 

Miami, FL 33156 

TEL: 305-670-1222 

FAX: 305-400-0685 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Docket No. F AA-2014-0550 

(Civil Penalty Action) 

. 

2 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. 
09/10/2014 10:07 4043055223 FAA REGIONAL COUNSEL PAGE 02/04 

U.S. DEPARTMENT OF TRANSPORTATION' ' .... " .. '·-""··'~~'"-

OFFICE OF HEARINGS Zfllq SEP I 0 P 2: Ob 

FEDERAL A VlATION ADMINISTRATION 

IN THE MATTER OF 

JOHN WALSH Docket No. FAA-2015·0550 

Judge Sulli.van 

UNOPPOSED &EOUEST TO J]',RMINATE PROCEEDINGS 

On July 25, 2014, the undersigned served an Order of Assessment on Respondent 

concerning allegations that Respondent had violated the Federal Aviation Regulations while 

Respondent was acting as an ainn.an. 1 On August 14,2014, Respondent correctly filed an appeal 

of the Order of Assessment with the National Transportation Safety Board (NTSB). On August 

15~ 2014, this office inadvertently filed the Complaint in that case with the FAA Civil Penalty 

Hearin.g Docket Clerk, rather than with the NTSB Office of Judges. 2 By letter dated August 22, 

2014 and Notice served August 28, 2014 (both received by the undersigned on September 2, 

2014), the incorrectly filed Complaint was docketed as FAA-2015-0550, and assigned to the 

Judge. 

The FAA hereby withdraws its inadvertently filed Complaint and requests that the instant 

proceedings be tenninated. The Respondent did not file a request for hearing with the Hearing 

1 On tbe same day, the undersigned also served a Final Notice of Proposed Civil Penalty on Respondent conccm~ng 

allegations that Respondent had violated the Federal Aviation Regulations in a manner that did not involve hi:tn 

actin.g as an a.innan. Respondent requested a hearing with regards to that Notice, the .FAA filed a. Complaint, and it 

has been assigned to tl1e Judge as Docket No. FAA-2014-0548. This request does not seek to disturb that case. 2 The undersigned subsequently detected the inadvertent misfiling made during h!s absence from the office, and filed 

a Complaint with the NTSB, where litigation will proceed concerning the matters raised in the Order of Assessment. 
09/10/2014 10:07 4043055223 FAA REGIONAL COUNSEL PAGE 03/04 

Docket concerning this matter. Tiw underlying Order at issue in this case concerns allegations of 

actions taken by Respondent while acting as an airman, which fall under the jurisdiction of th~ 

NTSB, rather than. this Court. The particular controversy between the parties at issue in the Order ' ' 

of Assessment is not properly before the Judge. 

The undersigned has consulted with Respondent, who concurs in the request that this 

proceeding be terminated. 

' fir.,. 

J 

Respectfully submitted this \l_,. day of September, 2014, 

h · Christopher R. Stevenson 

Attom.ey 

Office of the Regional Counsel 
09/10/2014 10:07 4043055223 FAA REGIONAL COUNSEL 

CERTWICATE OF SERVI~E 

I hereby certify that a copy of the foregoing FAA's Unopposed Request to Terminate 

Proceedings has been sent this date by the following methods: 

original and one copy via certified mail: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

Washington, D.C. 20591 

one copy via certified mail and facsimile! 

Stuart A Goldstein~ Esq. 

7300 North Kendall Drive, Suite 380 

Miami. FL 33156 

fax: (305) 400-0685 

Honorable Judge J.E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

fax: (202) 366~ 7536 

~AN~ Legal Assistant 

Office of the Regional Counsel 

Sl::P 1 0 2014 

Dated 

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