In The Matter Of: 

SERVED: May 27,2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC . _ _; 

Docket No. FAA-2015-0205 

JAMES JUAQUIN JORDAN 

) 

) 

) 

) 

Respondent ) 

Case No. 2014SW700104 

ORDER ACCEPTING RESPONDENT'S ADMISSIOl'fS 

AND GRANTING IN PART, DENYING IN PART 

THE FAA'S MOTION FOR DECISION 

.. ,_.·· 

On April 1, 2015, the FAA filed a Motion for Judgment on the Pleadings ("Motion"). 

; ( 

Among other things, the FAA requested that the allegations contained in the February 17, 2015 

Complaint be deemed admitted, and that a proposed judgment of $1,000 for a civil penalty be 

granted. 

On April 15, 2015, an Order Setting Deadline for the Respondent to Show Cause and to 

File an Answer, and Reserving Other Relief was filed. 

On April 29, 2015 the prose Respondent, Mr. James Juaquin Jordan, filed a one-page 

Letter, in which he provided an Answer to the FAA's Complaint ("Answer"). This Answer 

contained various admissions to some ofthe allegations in the FAA's February 17,2015 

Complaint ("Complaint"). 

On May 15, 2015 an Order Finding Good Cause, Accepting Answer, and 

Granting/Denying Other Relief was filed. Among other things, this May 15, 2015 Order held the 

FAA's April 1, 2015 Motion for Decision would be addressed by aseparate Order. (5/15/15 

Order, 5 ~3.) 
Brief Discussion 

The FAA sought dispositive relief in its Motion on the grounds that the Respondent had 

failed to answer the Complaint, and should be held in default. The May 15, 2015 Order accepted 

the Respondent's late-filed Answer, so the FAA's Motion could not be granted on the grounds 

presented. However, other grounds may be considered in support ofthe Motion, ifthe parties 

agree. 

Pursuant to 14 C.F .R. § 13 .209( e), Mr. Jordan has admitted in his Answer to Counts I and 

II of the FAA's Complaint (Answer, 1.) As a result, Mr. Jordan is agreeing to some of the 

dispositive relief the FAA had requested in its Motion, and by agreement such relief may be 

granted. However, Mr. Jordan has not agreed to all the FAA's requested relief, since he seeks "a 

reduced penalty and/or. .. a hearing" regarding the FAA's proposed $1,000 civil penalty. 

(Answer, 1.) 

Pursuant to 14 C.F.R. §13.209 and 14 C.F.R. §13.218, and after reviewing all pleadings 

and documents, as well as all relevant caselaw, decisions, regulation, statutory authority, and 

being fully advised; 

IT IS HEREBY ORDERED: 

1. The pro se Respondent's admissions to Counts I and II of the FAA's Complaint are accepted. 

2. The FAA's Motion is granted in part, by agreement ofthe parties. It is accepted as 

undisputed the facts alleged in the FAA's Complaint, identified as Count I (paragraphs 1 ~ 1 0) 

and the legal conclusions alleged in the FAA's Complaint, identified in Count II (Complaint, 

2.) 

3. The FAA's Motion is denied in part, because Mr. Jordan opposes the additional relief 

requested in the FAA's Motion; specifically, the $1,000 proposed civil penalty requested in 

Count III ofthe FAA's Complaint. (Complaint, 3.) 

4. A separate Order will issue scheduling the case for a litigation conference. 

Page 2 of 3 
5. If either party needs clarification or has any questions regarding the procedures contained in 

this Order, contact Mr. Cody L. Smith, Attorney-Advisor at the Office of Hearings (202-366-

. 6941). 

Attachment: Service List 

Page 3 of 3 
SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE C0PY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 0002 

Ms. Rebecca Holmes 

Complainant's Counsel 

Federal Aviation Administration 

Office ofthe Regional Counsel (ASW-7) 

2601 Meacham Blvd. 

Fort Worth, TX 76137 

TEL: 817-222-5064 

FAX: 817-222-5945/5092 

Mr. James Juaquin Jordan 

Respondent 

11980 Carriage Park Lane 

Johns Creek, GA 30097 

Judge J.E. Sullivan 

U.S Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department ofTransp01iation 

ONE COPY 

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

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 · 

FDMS No. F AA-20 15-0205 

(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 2WIOOO, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.