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(

________ ) ) ) ) ) 

## 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 otherthings. this Order found that both the FAA and the Respondent had failed to tile a proposed scheduling/discovery plan pursuantto 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 onNovember 5, 2015 (10:00 a.m. Eastern Time):There was no explanation for the pmiies' failure to file a discovery plan, orfor each party's failure to appear for a court-ordered Litigation Conference. A record entry was made ofthe 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.)\ BriefDiscussion The record reflects that the FAA filed this case with the Office ofHearings on March 9. 2015. Since tilingthe case onMarch 9, 2015, the FAA has ignored two courtorders, failed to provide any good cause for noncompliance, and failed to prosecute orappear 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 powerto act in furtherance ofprosecution and he or she fails to do so through negligence orinaction, he or she will be deemedto have abandoned the suit. lA C..I.S. Actions§ 336 (2016 Thomson Reuters).

### Based onthe record inthis 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 of2

### DocketNo. 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 2Wl000 1 

### ONE COPY 

### Ms. AndreaMichelle Harper Complainant's Counsel Federal AviationAdministration Enforcement Division, SouthernTeam 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Ms. Kathie Lamb-Murray Respondent'sLayRepresentative 5339 Old Greensboro Road Randleman, NC27317 TEL: 336-521-0722
Judge J.E. Sullivan U.S. Administrative LawJudge U.S. Department ofTransportation Office ofHearings, M-20 · 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Mr. Gary D. Carroll Respondent BookingNo. 2014 2655 2390 Phillips Road Bartow, FL 33830

1Service 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-Suite2WI000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.