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U.S. DEPARTMBNT OF TRANSPORTAl ION 

OFFICE o r HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

JOSEP H MOESSER 

FAA DOCKE r No. [TO BE ASSIGNED] 

(Civil Penalty Case) 

FDMSNo. FAA-201 1-1286 

ORDER TO SHOW CAUSE 

The Federal Aviation Administration ("Complainant") has filed a Motion for 

Decision ("Motion") dated January 10, 2012. The basis for the Motion is Complainant's 

assertion that Joseph Moesser ("Respondent") has failed to file an Answer to the 

Complaint. Respondent has not answered the Motion. 

WHEREFORE, it is ORDERED as follows: 

1. On or before February 10, 2012, Respondent shall file a response to this 

Order stating why the rcliefrcquested in Complainant's Motion should not be granted; 

2. On or before February 10, 2012, Respondent shall file an Answer to the 

Complaint'; 

The Rules of Practice for this proceeding are set forth in M C.F.R. Part 13, Subpart G, of the Federal 

Aviation Regulations. Those rules provide, inter alia, that the Respondent must file a written Answer or 

motion within thirty (30) days after service of the Complaint (14 C.F.R. § 13.209(a)) and that failure to file 

an Answer without good cause is deemed an admission of each allegation in the Complaint (§ 13.209(1)). 

More specifically, 14 C.F.R. § 13.209 (e) states: 

A person filing an answer shall admit, deny, or state that the person is vvithout sufficient 

knowledge or Information to admit or deny, each numbered paragraph of the complaint. Any statement or 
3. On or before February 10, 2012, Respondent shall fully comply with our 

Procedural Order dated January 9, 2012; and 

4. Absent full and complete responses to Ordering paragraphs 1, 2 and 3, 

Respondent may be sanctioned, including, but not limited to, allegations in.the Complaint 

may be deemed admitted; Respondent may be precluded from introducing any evidence 

at the hearing other than personal testimony; Respondent's Request for Hearing may be 

dismissed; and/or a Default Judgment may be entered against Respondent in the full 

amount of the fine requested by the Compiainant in its Complaint. 

(Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 

allegation contained in the complaint that is not specifically denied in the answer may be deemed an 

admission of the truth of that allegation. A general denial of the complaint is deemed a failure to file an 

answer. 
FDMS No. FAA-201 M286 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Adiriinistration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Gregor>' G. Skordas, Respondent \s Counsel 

Skordas, Caston & Hyde, LLC 

341 South Main Street, Suite 303 

Sah Lake City, UT 84111-2707 

TEL: 801-531-7444 

FAX 801^531-8885 

Jeffrey M. Harper, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue S.W. 

Remon,WA 98057 

TEL: 425-227-2161 

FAX: 425-227-1007 

The Honorable Richard C. Goodwin, Adminislnifive Uo^- Judge 

OtTice of Hearings, M-20 . 

L.S. Department of Tiansponation 

1200 New Jersey Avenue, S E. 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX; 202-366-7536 

Scr\'ice was by U S. Mail. For scr\'icc in person or by expedited courier, use the following address. 

Federal Aviation Admintstrution. 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 

2WI000. Washington, DC 20?9I; Allenlion: Hearing Docket Clerk. AGC-430.