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SERVED MARCH 23, 2011 ' ' ' OPrRATIONS 

m ^JAR 2M P |: 3b 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

LISA GAMACHE-WORTMAN 

FAA DOCKET No. CP10AL0005 

(Civil Penalty Case) 

DMSFAA-2010-1081 

ORDER DENYING MOTIONS FOR DECISION 

AND ACCEPTING ANSWER 

In response to the motion of the Federal Aviation Administration ("Complainant") 

for a decision based on the failure of Respondent Lisa Gamache-Wortman 

("Respondent") to file an Answer to the Complaint and the argument that no genuine 

issues of fact existed, I issued an Order to Show Cause ("Order") on February 9, 2011, 

ordering Respondent to answer the Complaint and Order by a date certain or risk 

sanctions. Respondent failed to respond by the date named. Complainant on March 7, 

2011, filed a "Renewed Motion for Decision," essentially repeating the arguments made 

in its earlier motion. 

Respondent on March 16, 2011 submitted a document which purports to answer 

Complainant's charges and to present affirmative defenses. In its submission Respondent 

also explained its failure to file timely answers. 

I find that Respondent's submission constitutes an answer to the Complaint. It 

joins the issues. Respondent also has demonstrated good cause for failure to timely file. 

Moreover, Complainant has not alleged or demonstrated prejudice arising from the 
content or timing of Respondent's filing. I am also mindful of the Administrator's 

injunction that "[w]henever possible, cases should be disposed of on the merits after a 

hearing, rather than summarily because of a procedural defect." Safety Equipment and 

Sign Co., Ltd., FAA Order No. 92-76, 1992 FAA Lexis 280 (December 21, 1992), p. 5, 

cited in Lorry's Flying Service, FAA Order No. 98-4 (March 12, 1998). 

For all these reasons, I will accept Respondent's submission as its Answer to 

Complainant's Complaint. Complainant's motions for decision are denied. 

SO ORDERED. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 
FAA Docket No. CP10AL0005 

(Civil Penalty Action) 

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 2W1000' 

ONE COPY 

Lisa Gamache-Wortman, Respondent 

P.O. Box 12793 

Olympia, WA 98508-2793 

Scott R. Morris, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton, WA 98057 

TEL: 425-227-1417 

FAX: 425-227-1007 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' 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 

2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.