SERVED: APRIL 27, 2012 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

(WASHINGTON, DC 

IN THE MATTER OF 

MIDWEST JET CHARTER, INC. 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Case) 

DMS FAA-2012-0029 

ORDER TO RESPONDENT TO SHOW CAUSE 

? 

I. 21 p 2: Jb 

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

Deem Allegations Admitted or Limit the Issues to Sanction ("Motion") dated AprillO, 

2012. 1 The basis for the Motion is Complainant's assertion that Midwest Jet Charter, 

Inc. ("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 May 11, 20 12, Respondent shall file a response to this Order 

stating why the relief requested in Complainant's Motion should not be granted; 

1 The full title of the Motion is "Complainant's Motion to Deem Allegations Admitted and Motion for 

Judgment on the Pleadings, or, in the Alternative, Motion to Limit the Issues at Hearing to Sanction.'' 
2 

2. On or before May 11, 2012, Respondent shall file an Answer to the 

Complaint2

; 

3. On or before May 11, 2012, Respondent shall fully comply with our 

Procedural Order dated April20, 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 Complainant in its Complaint. 

tcfLJ' (j' ~ (h( 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 

2 

The Rules of Practice for this proceeding are set forth in 14 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(f)). 

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

A person filing an answer shall admit, deny, or state that the person is without sufficient 

knowledge or information to admit or deny, each numbered paragraph ofthe complaint. Any statement or 

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

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

answer. 
SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 0001 

Tim Lodes 

Director of Human Resources 

Midwest Jet Charter, Inc. 

412 Airport Road 

Mattoon, IL 61938 

Briana Martino, Complainant's Counsel 

ONE COPY 

· Attorney, Office of the Regional Counsel, AGL-7 

Great Lakes Region 

Federal Aviation Administration 

2300 East Devon Avenue 

Des Plaines, IL 60018 

TEL: 847-294-7313 

F)L[: 847-294-7498 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of TranspqJj:ation 

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

Washington, DC 20590 · 

TEL: 202-366-2139 Attorney-Advisor 

202-3 66-5121 Staff Assistant 

F)L[: 202-366-7536 

FDMS No. FAA-2012-0029 

(Civil Penalty Action) 

1 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. 

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