September 11, 2014 

To: Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wrtght Building, Suite 2W1 000 

CC: Briana Martino 

Federal Aviation Administration 

Regional Counsel (AGL-7) 

2300 East Devon Avenue 

Des Plaines, IL 60018 

CC: HON. Richard C. Goodwin 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department ofTransportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, D.C. 20590 

Attn: Patricia Matthews 

(EiQ[1ard.Goodwin®dot.gov) 

From: Chrtstopher Patrtck Richard McCann 

IN THE MATTER OF 

Christopher McCann. 

DMS No. 2014-0405 

Agency Case No. 2013-GL-15-0056 

RECEIVED 

SEP 1 8 2014 

HEARING DOCKET 

Respondent's Objection to Comolainant's Motion to Dismiss. Motion to Deem 

Allegations Admitted or End Motion to Limit Issues at Hearing to Sanctions 

I. Motion to Dismiss Respondent's Request for Hearing 

The complainanfs accusation that the respondent did not file the wrttten request to the 

heartng docket clerk is false because the respondent sent a wrttten request to the hearing 

docket clerk at the same time as a copy of the same letter was sent to the agency attorney on 

June 19th 2014 (please see the enclosed post office receipt with outgoing addresses in 

Exhibit A). Again, the complainant has attempted to state falsehoods as facts because the 

complainant has set this accusation with no proof to validate its claim (eg. any proof from the 

heartng clerk). 

II. In the Alternative, Motion to Deem Allegations Admitted & Motion for Judgement 

on the Pleadings, or in the alternative, to Limit Hearing to Sanction 

It is the respondent's firm opinion that he did file an answer as under code of federal 

regulations 14 CFR 13.209. The respondent's request for a hearing did more than a request 

for a hearing because he specifically stated his affirmative defense of being accused of 

falsehoods, among other defenses. In addition, the respondent did sign and date his 

communication shown in exhibit B which also clearly shows his response in being in the 

proper timing for this matter. As it is the respondenfs position that he had already filed his 

answer based on his communication in exhibit B received on July 23rd 2014, he is filing 

another answer to ensure that~ complies with the couri's order to show cause. Furthermore, 

in the event that the court finds that a timely answer wasn't given, the respondent requests 

leniency from court; because of the following points: 

1. There is a legitimate factual dispute here because the accusations by the 

complainant have not been verified and/or proven and thus this case requires 

reviewing by the court based on its merit and the proven facts. 
2. The Respondent is representing himself. In the past he has spoken with an attorney 

in a self help capacity and is currently not able to afford full legal representation and 

thus must to do the best he can to represent himself and the truth. 

3. The respondent is undergoing financial hardship and can prove inability to afford 

legal representation and the proposed penalty from the accusations of the 

complainant. 

4. The respondent was not granted a summons or any notice of the requirement to file 

an answer 

5. As noted in Exhibit B, respondent strongly feels racially discriminated against 

because of how he was treated in comparison to the caucasians around him during 

the accused incident. 

Date: ~ , \ \. \ L( 

Signature of Respondent Christopher McCann: 

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September 11,2014 

To: HON. Richard C. Goodwin 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, D.C. 20590 

Attn: Patricia Matthews 

CC: Briana Martino 

Federal Aviation Administration 

Regional Counsel (AGL-7) 

2300 East Devon Avenue 

Des Plaines, IL 60018 

CC: Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1 000 

From: Christopher Patrick Richard McCann 

IN THE MATTER OF 

Christopher McCann. 

OMS No. 2014-0405 

Agency Case No. 2013-GL-15-0056 

Answer 

RECEIVED 

SEP 1 8 2014 

HEARING DOCKET 

1. On August 16, 2013, you were a passenger on board an aircraft being operated by US 

Airways, under Part 121 ofthe Federal Aviation Regulations, as US Airways Flight 

470, from Phoenix Sky Harbor International Airport (PHX). in Phoenix, Arizona to 

Minneapolis-St.Paullntemational Airport (MSP) in Minneapolis, Minnesota. 

a. Respondent's Answer: Without Sufficient Knowledge 

2. You were initially seated in an exit row seat 

a. Respondent's Answer: Admit 

3. After the aircraft door was closed, you were instructed by a general announcement 

that all electronic devices, including cellular phones, must be turned off and put away 

at this time. (first announcement) 

a. Respondent's Answer: Admit 

4. After the announcement, a member of the cabin crew (Flight Attendant B or FA-B) 

approached you and personally asked you to tum off your cellular phone. (the first 

personal request) 

a. Respondent's Answer: Without Sufficient Knowledge 

5. After the first personal request, a member of the cabin crew made an additional 

announcement to the entire plane that all electronic devices were to be turned off and 

stowed. (the second announcement) 

a. Respondent's Answer: Deny 

6. After the first and second announcement and first personal request, FA-B again 

approached you and, again, personally asked you to tum off your cellular phone. 

a. Respondent's Answer: Without Sufficient Knowledge 

7. After the second personal request, a member of the cabin crew (Flight Attendant C or 

FA-C) approached your exit row to conduct an emergency exit row briefing and, again, 

personally asked you to turn off your cellular phone. (the third personal request) 

a. Respondent's Answer: Deny 

8. After she concluded her emergency exit row briefing, FA-G asked you yet again to turn 

off your cellular phone. (the fourth personal request) 

a. Respondent's Answer: Without Sufficient Knowledge 
9. After the fourth personal request, you remarked "If we crash, we will all die anyway." 

a. Respondent's Answer: Deny 

10. FA-C asked you to move from the emergency extt row. 

a. Respondent's Answer: Without Sufficient Knowledge 

11. After initially refusing to move, you did eventually comply and moved to another seat 

a. Respondent's Answer: Respondent denies the accusation of "refusing to 

move"; however respondent did move to another seat so he could stop 

being discriminated and publicly humiliated by the flight attendant. 

12. Your conduct, including your failure to turn off your portable electronic device, remarks 

regarding crashing and dying, and causing the Flight Attendant to relocate your seat, 

interfered with crewmembers in the performance of their duties aboard the aircraft. 

a. Respondent's Answer: Deny 

13. After arriving at MSP, while passengers were deplaning, you grabbed FA-C's shoulder 

and squeezed her arm. 

a. Respondent's Answer: Deny 

14. You told FA-C, "You have no idea who I am! I am going to hunt you down, and then 

you will have to wear cheap make up. I am going to ruin you. I will give you one more 

chance to apologize, but I will still find you." 

a. Respondent's Answer: Deny 

15. Your conduct as described in paragraphs 13 and 14, including grabbing the Flight 

Attendant's shoulder, squeezing the Flight Attendant's arm, and your verbal remarks, 

constitutes a physical assault, threat of physical assault, or an action poses an 

imminent threat to an individual on the aircraft pursuant to 49 U.S.C. 46318. 

a. Respondent's Answer: Deny 

Affirmative Defense 

This is not the first lime that the complainant has asserted falsehoods based on zero 

evidence. The first time was when the complainant falsely called it's version of the alleged 

story, on which the accusation is based upon, ·~acts" despite not providing any evidence of 

any kind to support these accusations. Furthermore the complainant has continuously 

exhibited a blatant disregard for the truth as well as disrespect for this Court of the United 

States of America because the complainant has agressive pursued a court order based on 

zero proven facts and has not even supplied the name of the accuser who has supposedly 

supplied their version of the alleged story. 

In addition, I feel strongly discriminated against by the complainant because of my hispanic 

heritage and appearance. Discrimination here is clearly evident because I was treated much 

different, and poorly, compared to the caucasian passengers. 

Date: C4, ll \~ 
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Exhibit B 

so~nton &;h-::tlf of Christopher McCann 

1 am responding to the letter l have received. 1 have spoken to my legal counsel 

because the sequence of events that have been presented to me are far exaggerated 

and have in many cases, shown a blatant disregard for the truth. ! am requesting the 

following options which I have been requested to choose from: 

1. 1 am requesting a formal hearing because aspects of the proposed sequence are 

blatantly false. Please identified immediately the individual person who has made 

these accusations pertaining to the sequence of the events because at this current 

date correspondence I have received from the Regional Counsel. has faileQ to state 

myaccuser'sfullname. Loc"-.-fiO"- Re.~est: "St.Clow.J..../ MMI\e:.:Sof-t\ 

2. I have and can demonstrate financial harship. You have permission to notify me of 

reasonable documents that are required to provide to demonstrate this, at which time 

l will turn all correspondence over to my legal counsel. 

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Exhibrt B (continued) 

3. During this experience \felt strongly discriminated against because of my race. I am 

of Hispanic descent and my father's name ls Carlos Medina Garda. l have black hair, 

dark brown eyes and tan skin (especially during the summer months which was when 

this experience occurred). Because ol the racial discrimi11ation that I received, I have 

spoken with my legal counsel and am prepared to pursue this act of inequality to the 

lui\ extent of the taw should the need arise. 

~/ Date: 

Signature 

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of Christopher 

15 fL/ 

McCann: 

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