### SERVED: APRIL 27, 2012

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

(WASHINGTON, DC
IN THE MATTER OF 

### MIDWESTJET CHARTER, INC. FAA DOCKETNo. [TO BE ASSIGNED] (Civil PenaltyCase) DMS FAA-2012-0029



### ORDERTO RESPONDENT TO SHOW CAUSE ? I. 

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The Federal Aviation Administration ("Complainant") has filed a Motionto Deem Allegations Admitted orLimit the Issues to Sanction ("Motion") dated AprillO, 2012. 1 

### The basis for the Motion is Complainant's assertionthat 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 orbefore May 11, 20 12, Respondent shall file a response to this Order stating why the reliefrequested in Complainant's Motion should not be granted;

1 The full title ofthe Motion is "Complainant's Motion to Deem Allegations Admitted and Motion for Judgment on the Pleadings, or, in the Alternative, Motion to Limitthe Issues at Hearing to Sanction.''2
2. On orbefore May 11, 2012, Respondent shall file anAnswer to the Complaint 2; 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; Respondentmay be precluded from introducing any evidence at the hearing otherthan personal testimony; Respondent's Request for Hearing may be dismissed; and/or a DefaultJudgment maybe entered against Respondent inthe full amountofthe fine requested by the Complainant in its Complaint. 

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# ~ (h( Richard C. Goodwin U.S. Administrative Law Judge Attachment

- Service List

2 The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations. Those rules provide, inter alia, that the Respondent must file a written Answer or motion within thirty (30) days after service ofthe Complaint (14 C.F.R. § 13.209(a)) and that failure to file an Answer without good cause is deemed an admission ofeach allegation inthe 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 orinformation 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 maybe deemed an admission ofthetruth ofthat allegation. A general denial ofthe 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 WilburWright Building-Suite 2Wl000 1



### Tim Lodes Director ofHuman Resources Midwest Jet Charter, Inc. 412 Airport Road Mattoon, IL 61938 BrianaMartino, Complainant's Counsel 

### ONE COPY

·Attorney, Office ofthe 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, AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTranspqJj:ation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 · TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant F)L[: 202-366-7536 FDMS No. FAA-2012-0029 (Civil Penalty Action)

1 Service was by U.S. Mail. For service inperson orby expedited courier, use the following address: Federal AviationAdministration, 600 Independence Avenue, S.W., WilburWright Building-Suite 2WIOOO, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430. 

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