In The Matter Of: 

SERVED: August 29, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2015-0639 

Kenneth Ray Rumberger 

) 

) 

) 

) 

) 

Case No. 2015WP270015 

Respondent 

ORDER TO SHOW CAUSE 

On April 8, 2015, the Respondent requested a hearing to resolve this matter. 

On April22, 2015, the Complainant filed a timely complaint as required by 14 C.F.R. 

§ 13.208. 1 

The Respondent failed to submit an answer (or a written motion to dismiss the complaint) 

within 30 days of service of the complaint as required by 14 C.F.R. § 13.209. 

On March 21, 2016, the above captioned case was reassigned to the undersigned judge. 

On March 23, 2016, the Respondent's counsel submitted a notice of dissociation as counsel 

of record for the Respondent, effective July 2015. 

On April 6, 2016, the undersigned judge issued an Order Directing the Parties to Meet and 

Confer Regarding Litigation and Scheduling Issues. The order required, inter alia, the parties to 

submit a joint report to the undersigned judge within 30 days of that order. Neither the 

Complainant nor the pro se Respondent submitted a report or request for additional time before 

that deadline. 

On May 17, 2016, the undersigned judge issued an Order to Show Cause and Provide 

Requested Information ("Show Cause Order"). The order required the parties to explain the 

cause of their failure to comply with the Meet and Confer Order and provide the information 

requested in that same order by June 1, 2016. 

On May 31, 2016, the Complainant filed a statement explaining that the parties had yet to 

meet despite the Complainant's repeated efforts to reach the pro se Respondent by telephone. 

The pro se Respondent failed to respond to the Show Cause Order. 

1 Within the complaint, the Complainant did not advise the Respondent of the need to file an answer (or a written 

motion to dismiss the complaint) within 30 days of service of the complaint. 
On June 6, 2016, the undersigned judge issued an Order Setting a Prehearing Conference to 

dis~uss the parties' failure to comply with the undersigned judge's order as well as establish a 

litigation schedule. 

On June 29, 2016 the undersigned judge held the prehearing conference. During the 

conference, the parties agreed to meet and submit a joint report by July 29, 2016. 

On August 1, 2016, the Complainant submitted a draft joint status report that was unsigned 

or agreed to by the pro se Respondent. 

On August 12, 2016, the prose Respondent submitted a three-page letter with attached 

exhibits; this submission was non-responsive to the undersigned judge's request at the prehearing 

conference. Within the letter, however, the prose Respondent for the first time moved to 

dismiss the complaint. 

Failure to file a written answer (or a motion to dismiss the complaint) within 30 days of 

service of the complaint without good cause shall be deemed an admission of the truth of each 

allegation contained in the complaint.2 "A showing of good cause is mandatory. Without it, 

failure to file an answer by the deadline may not be excused."3 

Pursuant to 14 C.F.R. § 13.205(a)(6) and§ 13.209, IT IS HEREBY ORDERED: 

1. No later than October 3, 2016, the pro se Respondent shall file a written statement 

explaining the cause of his failure to timely file his motion to dismiss the complaint. 

2. The Complainant shall not submit a response to the Respondent's motion until ordered to 

do so by the undersigned judge. 

Attachment: Service List 

2 14 C.F.R. § 13.209(f). 

DOUGLAS M. RAW ALD 

Administrative Law Judge 

3 Global Peace Initiative, Inc., FAA Order No. 2008-8, at 5 (Aug. 21, 2008) (quoting Atlantic World Airways, FAA 

Order No. 1995-28, at 4 (Dec. 19, 1995). 
Docket No. F AA-2015-0639 

(Civil Penalty Action) 

SERVICE LIST -BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0001 4 

Kenneth Ray Rumberger, Respondent 

2451 Church Lane, SPC 38 

San Pablo, CA 94806-5945 

Lisa Toscano, Complainant's Counsel 

Enforcement Division, Western Team 

Federal Aviation Administration 

P. 0. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-7110 

FAX: 310-725-6816 

ONE COPY 

The Honorable Douglas M. Rawald, Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

4 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.