TO: Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000(1) 

ATTENTION: HEARING DOCKET CLERK 

Re: In the Matter of Mary E. Bochiardy 

Docket No. 2011EA170066 

c2o1~- o~s~ 

FEB 2 0 2014 

HEARING DOCKET 

Enclosed herein please fmd a copy of the response to both the request for hearing and the 

Agency's Motion to Dismiss Late-Filed Appeal, together with proof of service. 

Sincerely, 

Mary E. Bochiardy 

Representing Self 

1450 Sunset Point Road 

Clearwater, FL 33755 

TEL: 386-214-0414 
MARY E. BOCHIARDY 

REPRESENTING SELF 

1450 SUNSET POINT ROAD 

CLEARWATER, FLORIDA 33755 

In the Matter of Mary E. Bochiardy 

2011EA170066 

d-Oi o- 0'6 So 

RECEIVED 

FEB 2 0 2014 

HEARING DOCKET 

RESPONSE TO AGENCY'S MOTION TO DISMISS LATE-FILLED APPEAL 

HEREIN is my response to the Agency's Motion to Dismiss Late-Filed Appeal for case# 

2011EA170066. I ask the court to please consider the time of year involved, the availability 

schedules of the parties involved, my personal loss of my father, affecting the very first holiday 

season with my family in general, me having to address a health concern as a result of a current 

cancer screening and all the unforeseen impacts in support my explanation but not necessarily in 

my control. 

The course of events below resulted in a timely response to appeal to be missed. 

1. In June of2013 I had originally engaged Atty Greg Reigel and thru email communication 

was following his counsel and on November 22, 2013 had requested that an appeal be 

filed on my behalf and depending on the where the physical location was for that hearing 

my options would be either I would need to find a local lawyer or represent myself. 

2. On July 2, 2013 an informal hearing July 2, 2013 

3. On November 18, 2013 I received the certified letter with Final Notice of Proposed Civil 

Penalty. 

4. The window to respond to Final Notice was Dec 2, 2013 

5. On Nov 22, I requested Atty Reigel to submit the appeal. We would discuss my options 

after the location of the hearing was determined. A tty Reigel suggested I would then 

have to choose from 2 options due to A tty Reigel's logistics in Minnesota, it was not 

monetarily feasible due to travel costs. The dependency on the location of the hearing 

would drive which of these 2 options: I would have to engage a new local Atty. Or 

represent myself 

6. Atty Reigel and I never severed the agreement and I was still under the impression an 

appeal had actually been submitted. 

7. On Dec 17 I received Notice of the Order Assessing Civil Penalty. 

8. I was still being represented by Atty Reigel and relied that any action to respond would 

be cared for by him. If any action was needed of me I expected to be notified by Atty 

Reigel. 

9. In Atty Vaughan's Exhibit E, top of page 6 it is clear if read backwards to see 

chronologically when this communication got overlooked. On Nov 22, 2013, in an email 
to Atty Reigel, my opening sentence to Atty Reigel was "Let's go with the appeal." No 

other direction or option was indicated. I expected Atty Reigel to care for this. 

10. On Dec 24, 2013, I was reconciling my year end activities and wanting to close on any 

open events and possibly take a few days off during the holidays, I requested status of 

Atty Reigel for appeal and found none was ever submitted as requested on November 22, 

2013. There was a clear misunderstanding of those instructions as an assumption was 

incorrectly made that I was going to find new local council. But this depended on actually 

getting the appeal in place first, submitted by Atty Reigel as I had instructed via email on 

Nov 22,2013 (Exhibit E top of page 60) 

11. During the 7 day interim, I had multiple personal related obligations to attend and an 

extremely condensed work load. Attention to this matter was assumed being addressed by 

my attorney 

12. My relationship with Atty Reigel was not to closely manage him. I assumed he did his 

job. During the holiday season and a heavy work & personal schedule, I had not seen any 

email and upon following up for status on Dec 24,2013, I immediately reached out to 

A tty Vaughan to alert her of this situation and for instruction s if any next steps were 

expected of me now that I was prematurely without representation. 

13. From December 24, 2013 thru January 13, 2014 I have been exchanging emails with Atty 

Vaughan and appreciate the transparency and flexibility she has extended to me. 

14. On Jan 20, 2014, a settlement of $5000 was extended with admission of guilt and 

declined. My intention was request extension to file request to Appeal and I began action 

to do so. 

15. I found the path to the Hearing Docket Clerk and upon explanation of my circumstance 

was given the guidance to follow up and request an extension be granted so I may address 

my right to appeal. 

16. Jan 17,2014 in receipt of Atty Vaughan letter to dismiss late file appeal 

17. Feb 3, 2014 I began to prepared response to #16-C...a) 

18. Feb 11, 2014- with much fear and trepidation, I mail this reply, and pray that the court 

finds reasonable explanation and grants extension to appeal. 

1. The Agency's complaint is assuming and unwarranted as the agency was not 

aware of how I experience the time line in question. 

I ask the court to consider the remote relationship utilized to engage my Atty to represent me 

in this special type ofF ederal Law, and my reliance upon said engagement with Atty Reigel. 

The engagement was sponsored by an on line query and I am satisfied Atty Reigel intended 

to do his best to help me mitigate my case during the informal conference. Communications 

were largely via email and not frequent unless an activity was anticipated or to discuss my 

bill for services. 

Moreover, In Exhibit F, the logged receipts of Oct 29, 2013 of said certified notices to my 

residence are not signed by me or anyone for me. They clearly mimic the handwriting of the 

author of whoever scribed other handwritten examples in the exhibits. Alternately, in exhibit 

G, this receipt is my signature on the Dec 12, 2013 delivery receipt. 
In response to counsels accusation of late response to my attorney, A tty Reigel never 

indicated the date to reply to be anything other than 15 days after I received notice of penalty 

which I did report as soon as I was in receipt of the certified letter on Nov 19,2013 and 

emails shown in Exhibit E clearly indicate that I would review the notice and immediately 

responded knowing I still had time up to Dec 3, 2013. 

Upon review, I was still concerned about the settlement offer made and the implications of 

accepting or declining with regard to my innocence. After discussions I had no indecision 

and made it clear that I wanted to appeal and made such request on Nov 22, 2013- well 

within the allowable time to respond 15 day from Nov 19,2013. 

Communication between Atty Reigel and me was sparse after my last instruction to go with 

the appeal and I attended to my life, health and work knowing and confident I would get 

notice of next steps from A tty Reigel. 

I was never confused or indecisive of my intention to appeal. 

Lastly, this 'incident' occurred in June of 2011 and it was not until nearly a full 2 years 

transpired that I received any notice that any action was to be taken against me. This is by far 

a very unfair amount of time relative to the few days I as a defendant gets to absorb and 

react. I had no knowledge that the appeal date was missed by 7 days and now I find myself 

without representation at a location that I am not feasibly able to travel to if the court does 

not allow my request to appeal the case in total at a hearing held in the Tampa specific 

location. 

In Summary, I assumed in good faith that I had taken all actions required of me and directed 

to comply by my attorney, in and within the appropriate allowable time lines allowed. 

WHEREFORE, for all the above reasons, I respectfully request my request for extension to 

appeal be granted so I may rightfully have my day in court. 

Respectfully, 

Mary ochiardy 

(Representiug Self) 

1450 Sunset Point Road 

Clearwater, FL 33755 

(386) 214-0414 
Certificate of Service 

I hereby certify that on this 111

h day of February, 2014 copies of the foregoing response to the 

Agency's Motion to Dismiss has been served upon the following via USPS 2 day mail service: 

Federal Aviation Adnllnistration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000(1) 

Judith L. Vaughan 

Office of the Regional Counsel, Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3255 

FAX: 718-995-5699 

Hon. J.E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

Dated: February 11, 2014 

Representing Self 

1450 Sunset Point Road 

Clearwater, FL 33755 

TEL: 386-214-0414 

marybochiardy(alcomcast.net