^- 'ir/lcriTOF 

SERVED: JULY 8, 2011 

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 GRANTING 

COMPLAINANT^S SECOND MOTION FOR DECISION 

Our Order Requiring Respondent to Answer Discovery Request or Risk Sanctions 

("Order Requiring Respondent to Answer"), served June 8, 2011, was issued in response 

to the Motion of the Federal Aviation Administration ("Complainant") to Deem Admitted 

Complainant's Requests for Admissions and Motion to Compel Discovery ("Motion"). 

The Order Requiring Respondent to Answer directed the Respondent, Lisa GamacheWortman, to respond to Complainant's Initial Discovery Request by June 20, 2011 

(mailing date) or face sanctions. Specifically, it directed Respondent to completely and 

separately answer truthfully every request in Complainant's Initial Discovery Request, or 

risk the sanctions therein listed. Those sanctions specifically included default (Order 

Requiring Respondent to Answer, p. 2). 

As of this date. Respondent has failed to submit any response at all. 
Complainant has now filed a '^d Renewed Motion for Decision.'" It cites its 

repeated attempts to obtain Respondent's compliance with pre-hearing directives. 

Complainant argues that Ms. Gamache-Wortman's "recalcitrant actions," as well as 

subsequent explicit and ample warnings for failure to comply, warrant a default judgment 

against her. 

We agree. Respondent has been given more than sufficient time, and several 

opportunities, to respond to various pleadings. Ms. Gamache-Wortman was earlier 

warned of the risks of a failure to comply. An Order to Show Cause was issued after she 

failed to answer Complainant's Complaint. Rather than granting Complainant's request 

to issue a judgment in its favor - the penalty spelled out by the regulations for the failure 

to answer a Complaint ~ the Order to Show Cause gave her another chance. It directed 

her to file her answer, which had been due by December 28, 2010, by February 25, 2011, 

or risk sanctions spelled out therein. This extension was nearly two months after the 

original due date. Respondent nonetheless failed to respond until nineteen days after the 

extended deadline, and after Complainant's "Renewed Motion for Decision." Despite 

her proffered document's untimeliness, I accepted it as her answer. 

Ms. Gamache-Wortman now htis failed to respond to discovery. Further, she has 

not responded to the Order Requiring Respondent to Answer, which, for the second time 

in this proceeding, gave her a second opportunity to comply. Ms. Gamache-Wortman has 

repeatedly failed in her pretrial responsibilities to Complainant and to this Court. Her 

time now has run out. The circumstances described above warrant grant of 

Complainant's renewed motion. 

WHEREFORE, 

1 - Complainant's 2d Motion for Decision is GRANTED; 

2 - Respondent's Request for Hearing be and is hereby DISMISSED with 

prejudice: and 

3 -. Judgment be and is hereby ENTERED as civil penalty in the amount 

of $2,500.00 against Respondent as requested in Complainant's 

Complaint. 

twin 

U.S. Administrative Law Judge 

Attachment - Service List 

' The motion's full title is "2d Renewd Motion for Decision. Motion for Decision, OR in the alternative. 

Motion for Summary Judgment." (Caps in original). 
FAA Docket No. CPiOAL0005 

(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 E12-320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Ad visor 

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.