September 11, 2014 To: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 WilburWrtght 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJerseyAvenue, 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 Hearingto Sanctions I. Motionto Dismiss Respondent's Requestfor Hearing The complainanfs accusation thatthe respondent did notfile the wrttten requestto the heartng docket clerk isfalse because the respondent sent a wrttten requestto the hearing docket clerk at the same time as a copy ofthe same letterwas senttothe agency attorney on June 19th 2014 (please see the enclosed post office receipt with outgoing addresses in ExhibitA). Again, the complainant has attempted to state falsehoods as facts because the complainant has set this accusation with no proofto validate its claim (eg. any prooffrom the heartng clerk).

II. Inthe Alternative, Motion to Deem Allegations Admitted & Motion forJudgement onthe Pleadings, or in the alternative, to Limit Hearing to Sanction It is the respondent's firm opinion that he did file an answeras under code offederal 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 ofbeing 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 propertiming 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 anotheranswerto ensure**that~** complies with the couri's orderto show cause. Furthermore, in the eventthat the courtfinds that a timely answerwasn't given, the respondent requests leniency from court; because ofthe 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 ofthe complainant. 4. The respondent was not granted a summons or any notice ofthe requirement to file 

### an answer 5. As noted in Exhibit B, respondent strongly feels racially discriminated against because of how hewas treated in comparison tothe caucasians around him during the accused incident.

Date:

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Signature of Respondent Christopher McCann:

# ~,/**~;::~ ~z~** September 11,2014 To: HON. Richard C. Goodwin U.S. Administrative Law Judge Office of Hearings, M-20 U.S. Department ofTransportation 1200 NewJersey 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 WilburWright 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 182014 

# HEARING DOCKET

1. On August 16, 2013, you were a passengeron 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. Afterthe aircraft doorwas closed, you were instructed by a general announcement that all electronic devices, including cellular phones, must beturned offand put away atthis time. (first announcement) 

### a. Respondent's Answer: Admit 4. Afterthe announcement, a member ofthe cabin crew (Flight Attendant B or FA-B) approached you and personally asked you to tum offyourcellular phone. (the first personal request) a. Respondent's Answer: Without Sufficient Knowledge 5. Afterthe first personal request, a memberofthe cabin crew made an additional announcementto the entire plane that all electronic devices were to be turned offand stowed. (the second announcement) 

### a. Respondent's Answer: Deny 6. Afterthe first and second announcement and first personal request, FA-B again approached you and, again, personally asked you to tum offyour cellular phone. a. Respondent's Answer: Without Sufficient Knowledge 7. Afterthe second personal request, a member ofthe cabin crew (Flight Attendant C or FA-C) approached yourexit row to conduct an emergency exit row briefing and, again, personally asked you to turn offyour cellular phone. (the third personal request) a. Respondent's Answer: Deny 8. Aftershe concluded her emergency exit row briefing, FA-G asked you yet again toturn offyour cellular phone. (the fourth personal request) a. Respondent's Answer: WithoutSufficient Knowledge9. Afterthe fourth personal request, you remarked "Ifwe 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'sAnswer: 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 moveto anotherseat so he could stop being discriminated and publicly humiliated by theflight attendant. 12. Your conduct, including yourfailure to turn offyour portable electronic device, remarks regarding crashing and dying, and causing the FlightAttendant to relocate your seat, interfered with crewmembers in the performance oftheirduties 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 huntyou down, and then you will have to wear cheap make up. I am going to ruin you. Iwill give you one more chanceto apologize, but Iwill still find you." a. Respondent'sAnswer: Deny 15. Your conduct as described in paragraphs 13 and 14, including grabbing the Flight Attendant's shoulder, squeezing the FlightAttendant's arm, and yourverbal remarks, constitutes a physical assault, threat ofphysical assault, or an action poses an imminentthreatto an individual on the aircraft pursuantto 49 U.S.C. 46318. a. Respondent's Answer: Deny Affirmative Defense This is notthe first limethat the complainant has asserted falsehoods based on zero evidence. The first time was when the complainantfalsely called it's version ofthe alleged story, on which the accusation is based upon,**·~acts"** despite not providing any evidence of any kind to supportthese accusations. Furthermore the complainant has continuously exhibited a blatant disregard forthe truth as well as disrespectforthis Court ofthe United States ofAmerica because the complainant has agressive pursued a courtorder based on zero proven facts and has noteven supplied the name ofthe accuserwho has supposedly supplied theirversion ofthe alleged story. In addition, Ifeel strongly discriminated against bythe complainant because ofmy hispanic heritage and appearance. Discrimination here is clearly evident because Iwastreated much different, and poorly, compared to the caucasian passengers.
Date: 

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**so~nton** &;h-::tlf of Christopher McCann 1 am responding to the letter l have received. 1have 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. 1am requesting aformal hearing because aspects ofthe proposed sequence are

blatantly false. Please identified immediatelythe individual person who has made these accusations pertaining to the sequence ofthe events because atthis current date correspondence I have received from the Regional Counsel.hasfaileQ to state myaccuser'sfullname. 

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**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 demonstratethis, atwhich time l will turn all correspondence overtomy legalcounsel. 

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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 inequalitytothe lui\ extent of the taw should the need arise.

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## ~ Signature of Christopher McCann: '-(/_ '-_::_-_-
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