05/12/2014 05:21 4252271007 

DAVID F. SHAYNE 

FAA OFFICE OF REGJONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASHINGTON98057 

TELEPHONE: (425) 227-2165 

FACSIMILE: (425)227-1007 

In the Matter of: 

Joseph D. Barbera 

ANM7 

R 

FAA Case No. 2013NM090056 

Judge Richard Goodwin 

COMPLAINANT'S MOTION TO STRIKE RESPONSE TO MOTION FOR 

SUMMARY JUDGMENT AND RESPONSE TO RESPONDENT'S MOTION TO 

COMPEL DISCOVERY 

On or about June 4, 2014, Respondent served and filed a letter simply titled 

.. correspondence" containing three pages. The first 2 pages appear to be a Motion to Compel 

Discovery and third a response to Complain,ant's Motion for Summary Judgment. 

Complainant hereby moves to strike the response to the Summary Judgment Motion 

as untimely, and moves for the Motion to Compel to be denied until such a time as the 

Administrative Law Judge (AL1) rules on Complainant's pending motions. 

MOTION TO STRIKE RESPONSE AS UNTIMELY 

PAGE 02/04 

Complainant filed and served its Motion for Reconsideration and Summary Judgment 

on May 6, 2014. See 13 C.P.R. 13.2ll(d). Respondent had ten (lO) days to respond to the 

motion, 13 C.P.R. 13.218(d), plus an additional five (5) days for service by mail. 13 C.F .R, 

13.2ll(e). Consequently, he should have responded no later than by May 21,2014., 

As already argued in the context of Respondeut' s failure to timely file an Answer, the 

Administrator has held that that Pro Se Respondents "are not exempt from the procedural 

rules governing c,ivil penalty proceedings. In Re Rushmore Helicopters, Inc. FAA Order No. 

2012-8 (2012). While the Administrator has often shown ProSe respondents some leniency 

for missing "procedural deadlines", this occurs only when the respondent has established 

good cause for failing to meet the regulatory deadline. In the Matter of: Global Peace 

Initiative, Inc., FAA Order No. 2008-8 (2008). Indeed, "A showing of good cause is 

mandatory." (Id., emphasis in the original). 

FAA v. Joseph D. Borberll. 

COMPLAINANTS MOTION TO STRJKE RESPONSE 

TO MOTION l'OR SUMMARY JUDGMENT AND 

RESPONSE TO RESPONDENTS MOTION TO 

COMPEL DISCOVSRY 

FAA Case No. 2013NM090056 

Page 1 of3 

DAVID F. SHAYNE. FAA ATTORNllY 

TEL: (425) 227-2165; FAX: (415) 227-1007 
05/12/2014 05:21 4252271007 ANM7 

As is true regarding his untimely Answer, Respondent has made no effort to establish 

good cause. At the very least, the AL.T should so require before denying Complainant's 

motions, both the original Motion for a Judgment on the Pleadings and this Motion to Strike. 

Accordingly, Complainant's Motion to Strike Respondent's response to 

Complainant's Motion for SummarY Judgment should be granted. 

RESPONSE TO RESPONDENT'S MOTION TO COMPEL DISCOVERY 

Comes now Complainant in the above-captioned matter and hereby moves for an 

Order denying Respondent's Motion to Compel, if so coustmed. As the undersigned 

explained in an email (see Respondent's submission, page 2) Complainant will respond to 

Respondent's discovery requests if and when Complainant's motions are denied, since, if 

either motion is granted, the proceedings would be terminated. 

PAGE 03/04 

If, in fact, Complainant's are denied, Complainant has no objection to the ALJ 

ordering each party to respond to discovery requests within thirty (30) days ofissuance of the 

appropriate order or promulgation of discovery requests (whichever is later). 

MQTION TO EXTEND DISCOVERY DEADLINE 

If both of Complainant's dispositive Motions (filed previously and currently pendi.ng) 

are denied, then Complainant respectfully requests that the discovery completion deadline be 

extended for sixty (60) days from the date of the order denying the Motions, if necessarY. 

CONCLUSION 

For the reasons stated above, Respondent should be required to show cause why he 

failed to timely file an Answer to the Complaint or; in the alternative, summarY judgment 

should be granted and that Respondent be ordered to comply with Complainant's Final 

Notice of Proposed Civil Penalty as the final Order in this case. 

If both motions are denied, the Complainant requests an extension of the time to 

complete discovery. 

Respec1:ftdtySubmitted this 12th day of June 2014. 

/ . \' /' ; su ... 

DAVID F, SHAYNE 

FAA Attorney 

FAA v.Joscph D. Barbera. 

COMPLAINANTS MOTION TO STRIKE RESPONSE 

TO MOTION POR SUMMARY JUDGMENT AND 

RESPONSE TO RESPONDENTS MOTION TO 

COMPEL DISCOVERY 

FAA Case No. 2013NM090056 

Page 2 of3 

DAVID F. SI-lAYNE.FAA.ArToRNEY 

TEL: (42S) 227-2)65; fAX: (425) 227·1007 
05/12/2014 05:21 4252271007 ANM7 PAGE 04/04 

CERT:WICATE OF SERVICE 

I hereby certify that the foregoing COMPLAINANTS MOTION TO STRIKE RESPONSE TO 

MOTION FOR SUMMARY JUDGMENT AND RESPONSE TO RESPONDENTS 

MOTION TO COMPEL DISCOVERY has been served as designated by the recipient's name 

this date, to the following: 

Federal Aviation Administration-Facsimile 

Attn: Heari.ng Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

800 Independence Avenue SW 

Washington, D.C. 20591 

Fax: (202) 493-5142 

Joseph D Barbera- First Class and Return Receipt Requested Mail 

14706 NE Erickson Dr. 

La Center, W A 98629-4405 

Dated this lih day ofJune 2014. 

rri Kirk 

ffice of Regional Counsel (ANM-7) 

Federal Aviation Administration 

FAA v. Joseph D. Baroera_ 

1601 Lind Ave. SW 

Renton, WA 98057 

(425) 227-2007 

COMPLAINANTS MOTION TO STRIKE RESPONSE 

TO MOTION FOR SUMMARY JUDGMENT AND 

RESPONSE TO RESPONDENTS MOHON TO 

COMPEL l)TSCOVERY 

FAA Case No. ~013NM090056 

Page 3 of3 

DAVID F. SHAYNE. FAA ATTORNEY 

TEL: (4·25) 227-2165; FAX: (425) 227-1007 
05/12/2014 05:21 4252271007 ANM7 

FACSIMILE MESSAGE 

DAVID F. SHAYNE 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF REGIONAL COUNSEL 

ANM-7 

1601 LIND AVENUE S.W. 

RENTON, WASHINGTON 98057 

PAGE 01/04 

The information contained in this facsimile message is legally privileged and confidential 

information and is intended only for the use of the individual named on this cover sheet 

If the reader of this message is Mt the intended recipient, you are hereby notified that any 

use, dissemination, distribution, or copy of this facsimile is strictly prohibited. If you 

have received this facsimile in error, please immediately notify us by telephone at 

425-227-2007. 

DATE: 

TO: 

FAX NO.: 

PHONE NO.: 

June 12, 2014 

Hearing Docket Clerk 

(202) 493-5142 

RE: Joseph Email: 

Barbera 

Case No. 

2013NM090056 

NO. PAGES: 4 including cover 

FROM: David F. Shayne 

FAXNO.: 425-227-2165 

PHONE NO.: 425-227-2160