In The Matter Of: JOHN WALSH Respondent 

### SERVED: SEPTEMBER 19,2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ) ) ) ) ) DocketNo. FAA-2014-0550 Case No. 2014S0190010

ORDERDISMISSING PROCEEDING On September 10,2014, the FAA filed an Unopposed Request to Terminate Proceedings 1 stating thatthe "underlying Order at issue in this case concerns allegations ofactions takenby Respondent while acting as an airman," and thatthe FAAhad "inadvertently filed the Complaint

... withthe 

### fAA Civil Penalty Hearing Docket Clerk, ratherthan withthe [National Transportation Safety Board] Office ofJudges." Afterreviewing all relevant caselaw, decisions, regulations, statutory authority, and being fully advised; IT IS HEREBY ORDERED: 1. Pursuantto 14 C.F.R. § 13.215, the FAA has withdrawn its Complaint, and this proceeding is dismissed withprejudice.

Attachments: 1) Service List 2) Copy ofthe FAA's Unopposed Requestto 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 ofthe 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 2W10002

Mr. Christopher R. Stevenson Complainant's Counsel Office ofthe Regional Counsel, AS0-7 ONE COPY

Federal Aviation Administration, Southern Region 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Mr. StuartA. 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-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' '
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..**'·-""··'~~'"-** 

### OFFICE OF HEARINGS 

### Zfllq SEP I0 

### P 2: Ob FEDERAL A VlATION ADMINISTRATION



### IN THE MATTER OF JOHN WALSH DocketNo. 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. 1On

### August 14,2014, 

### Respondent correctly filed an appeal 

### ofthe 

### Order ofAssessment 

### 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 ofJudges.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 FAAhereby 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 aFinalNotice ofProposed Civil Penalty on Respondent**conccm~ng** allegations that Respondent had violated the Federal Aviation Regulations in amanner thatdid not involvehi:tn actin.g as an a.innan. Respondentrequested 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 inadvertentmisfiling made during h!s absence from the office, and filed a Complaintwith the NTSB, where litigation will proceed concerning the matters raised in the Order ofAssessment.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, ratherthan. this Court. The particular controversy between the parties at issue in the Order
' ' 

### ofAssessment is 

### notproperly 

### 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 ofthe 

### Regional Counsel09/10/2014 10:07 4043055223 FAA REGIONAL COUNSEL



### CERTWICATE OF**SERVI~E** 

### Ihereby certify that a copy ofthe foregoing FAA's Unopposed Request to Terminate Proceedings has been sent this date by

### the following methods: original and one copy via certifiedmail: 

### Federal Aviation Administration 800 Independence Avenue, S.W. Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 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 ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 

### fax: (202)**366~**7536

# ~AN~ Legal Assistant 

### Office ofthe Regional Counsel 

### Sl::P 10 2014 Dated PAGE 04/04