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



### ORDERACCEPTING RESPONDENT'S ADMISSIOl'fS AND GRANTING IN PART, DENYING IN PART THE FAA'S MOTION FORDECISION .. ,_.··

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

Among otherthings, the FAArequested that the allegations contained in the February 17, 2015 Complaintbe deemed admitted, and that a proposedjudgmentof$1,000 for a civil penalty be granted. OnApril 15, 2015, an Order Setting Deadline for the Respondent to Show Cause and to File an Answer, and Reserving Other Reliefwas filed. On April 29, 2015 theprose Respondent, Mr. James Juaquin Jordan, filed a one-page Letter, in which he provided an Answerto the FAA's Complaint ("Answer"). This Answer containedvarious 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 Reliefwas filed. Among other things, this May 15, 2015 Order held the FAA's April 1, 2015 Motion for Decisionwouldbe addressed by aseparate Order. (5/15/15 Order, 5**~3.)**BriefDiscussion The FAA sought dispositive reliefin 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-filedAnswer, so the FAA's Motion could not be granted on the grounds presented. However, othergrounds may be considered in support ofthe Motion, ifthe parties agree. Pursuantto 14 C.F.R. §13.209(e), Mr. Jordan has admittedin his Answerto Counts I and II ofthe FAA's Complaint (Answer, 1.) As a result, Mr. Jordan is agreeing to some ofthe dispositivereliefthe FAAhad requested in its Motion, and by agreement such reliefmay 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'sproposed $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. Thepro se Respondent's admissions to Counts Iand II ofthe FAA's Complaint are accepted.
2. The FAA's Motion is granted in part, by agreement oftheparties. 

### 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 inthe FAA's Complaint, identified in Count II (Complaint, 2.)
3. The FAA's Motionis 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 Orderwill issue schedulingthe case for a litigation conference. Page 2 of35. Ifeitherparty needs clarification or has any questions regarding theprocedures contained in this Order, contact Mr. Cody 

### L. Smith, Attorney-Advisor at the Office ofHearings (202-366-

. 6941).

Attachment: Service List

Page 3 of3

### 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-Suite2Wl0002

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 LawJudge Office ofHearings, 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. FAA-2015-0205 (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.