### TO: Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 WilburWright Building- Suite 2W1000(1)

ATTENTION: HEARING DOCKET CLERK



### Re: In the Matter ofMary E. Bochiardy Docket No. 2011EA170066

### c2o1~-**o~s~** 

## FEB 20 2014 HEARING DOCKET

Enclosed herein please fmd a copy ofthe response to boththe request for hearing and the Agency's Motion to Dismiss Late-Filed Appeal, together with proofofservice.

Sincerely,

Mary E. Bochiardy Representing Self 1450 SunsetPoint Road Clearwater, FL 33755 TEL: 386-214-0414MARY E. BOCHIARDY REPRESENTING SELF 1450 SUNSET POINT ROAD CLEARWATER, FLORIDA 33755

Inthe Matter ofMaryE. Bochiardy 2011EA170066 

### d-Oi

# o- 0'6 

## So 

# RECEIVED

FEB 

## 20 2014 HEARING DOCKET

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

HEREIN is myresponse to the Agency's Motionto Dismiss Late-Filed Appeal for case# 2011EA170066. I ask the court to please consider the time ofyear involved, the availability schedules ofthe parties involved, my personal loss ofmy father, affecting the very first holiday
seasonwithmy family in general, me having to address a health concern as a result ofa current
cancer screening and all the unforeseen impacts in support my explanation but notnecessarily in my control.

The course ofevents belowresulted 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 onNovember 22, 2013 hadrequested that an appeal be filed on mybehalfand depending onthe where the physical location was for that hearing my options wouldbe either I would need to find a local lawyer or represent myself. 2. On July 2, 2013 an informal hearing July 2, 2013 3. OnNovember 18, 2013 I receivedthe certified letter with Final Notice ofProposed Civil Penalty. 4. The window to respond

### to Final Notice was Dec 2, 2013 5. OnNov 22, I requested Atty Reigel to submitthe appeal. We would discuss my options after the location ofthe hearing was determined. Atty Reigel suggested I wouldthen have to choose from 2 options due to Atty Reigel's logistics inMinnesota, it was not monetarily feasible due to travel costs. The dependency onthe location ofthe hearing would drive which ofthese 2 options: I would have to engage a newlocal 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 receivedNotice ofthe Order Assessing Civil Penalty. 8. I was still being represented by Atty Reigel and relied that any action to respond would be cared for byhim. Ifany action was needed ofme I expected to be notified by Atty Reigel. 9. InAtty Vaughan's Exhibit E, top ofpage 6 itis clear ifread backwards to see chronologically when this communication got overlooked. OnNov 22, 2013, in an emailto Atty Reigel, my opening sentence to Atty Reigel was "Let's go withthe 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 offduring 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 ofthose instructions as an assumption was incorrectly made that I was going to find new local council. But this depended on actually getting the appeal inplace first, submittedby Atty Reigel as I had instructed via email on Nov 22,2013 (Exhibit E top ofpage 60) 11. During the 7 day interim, I had multiple personal related obligations to attend and an extremely condensed workload. Attention to this matter was assumed being addressed by my attorney 12. My relationship with Atty Reigel was notto 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 onDec 24,2013, I immediately reached outto Atty Vaughan to alert her ofthis situation and for instruction s ifany next steps were expected ofme nowthat 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 extendedto me. 14. OnJan 20, 2014, a settlement of$5000 was extended with admission ofguilt and declined. My intention was request extension to file request to Appeal and I began action to do so. 15. I found the pathto the Hearing Docket Clerk and upon explanation ofmy circumstance
was given the guidance to follow up and request an extension be granted so I may address myright to appeal. 16. Jan 17,2014 in receipt ofAtty Vaughan letter to dismiss late file appeal 17. Feb 3, 2014 I beganto prepared response to 

## #16-C...a) 18. Feb 11, 2014- with much fear and trepidation, I mail this reply, and pray thatthe court finds reasonable explanation and grants extension to appeal.

1. The Agency's complaint is assuming and unwarranted as the agency was not
aware ofhow I experience the time line in question.

I ask the court to consider the remote relationship utilized to engage my Atty to represent me inthis special type ofFederal Law, and myreliance upon said engagement with Atty Reigel. The engagement was sponsored by an online query and I am satisfied Atty Reigel intended to do his bestto 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, InExhibit F, the logged receipts ofOct 29, 2013 ofsaid certified notices to my residence are not signed byme or anyone for me. They clearly mimic the handwriting ofthe author ofwhoever scribed other handwritten examples in the exhibits. Alternately, in exhibit G, this receipt is my signature onthe Dec 12, 2013 delivery receipt.

### Inresponse to counsels accusation oflate response to my attorney, Atty Reigel never indicatedthe date to reply to be anything other than 15 days after I received notice ofpenalty which I did report as soon as I was in receipt ofthe certified letter onNov 19,2013 and emails shown in Exhibit E clearly indicate that I would reviewthe notice and immediately respondedknowing I still had time up to Dec 3, 2013. Uponreview, I was still concerned about the settlement offer made and the implications of accepting or declining withregardto my innocence. After discussions I had no indecision and made it clear that I wanted to appeal and made such request onNov 22, 2013- well withinthe allowable time to respond 15 day from Nov 19,2013.

Communicationbetween Atty Reigel and me was sparse after my last instruction to go with the appeal and I attended to my life, health and workknowing and confident I would get notice ofnext steps from Atty Reigel.

I was never confused or indecisive ofmy intentionto appeal. Lastly, this 'incident' occurred in June of2011 and itwas 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 veryunfair amount oftime 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 withoutrepresentation at a locationthat I amnot feasibly able to travel to ifthe court does not allow my request to appeal the case intotal at a hearing held inthe Tampa specific location.

In 

### Summary, I assumed in good faith that I had taken all actions required ofme 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) 214-0414Certificate ofService



### I hereby certify that on this 111h 

### day ofFebruary, 2014 copies ofthe foregoing response to the Agency's Motionto 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 WrightBuilding- Suite 2Wl000(1)
Judith L. Vaughan Office ofthe Regional Counsel, Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3255 FAX: 718-995-5699

Hon. J.E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey 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