In The Matter Of: 

### SERVED: August 29, 2016
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2015-0639 Kenneth Ray Rumberger ) ) ) ) ) Case No. 2015WP270015 Respondent

ORDERTO 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 ofservice ofthe complaint as required by 14 C.F.R. 

### § 13.209. OnMarch 21, 2016, the above captioned case was reassigned to the undersignedjudge. OnMarch 23, 2016, the Respondent's counsel submitted a notice ofdissociation as counsel ofrecord for the Respondent, effective July 2015. OnApril 6, 2016, the undersignedjudge issued an Order Directing the Parties to Meet and Confer Regarding Litigation and Scheduling Issues. The order required, 

### inter alia, the parties to submit ajointreport to the undersignedjudge within 30 days ofthat order. Neitherthe Complainant nor thepro se Respondent submitted a report or request for additional time before that deadline. OnMay 17, 2016, the undersignedjudge issued an Order to Show Cause and Provide Requested Information ("Show Cause Order"). The order required the parties to explainthe
cause oftheir failure to comply with the Meet and Confer Order and provide the information requested in that same orderby 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 thepro se Respondentbytelephone. Thepro se Respondent failed to respond to the ShowCause Order.

1Within the complaint, the Complainant did not advise the Respondent ofthe need to file an answer (or a written motion to dismiss the complaint) within 30 days ofservice ofthe complaint.On June 6, 2016, the undersignedjudge issued an Order Setting a Prehearing Conference to**dis~uss** the parties' failure to comply with the undersignedjudge's order as well as establish a litigation schedule. On June 29, 2016 the undersignedjudge held the prehearing conference. During the conference, the parties agreed to meet and submit ajointreport by July 29, 2016. On August 1, 2016, the Complainant submitted a draftjoint 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 undersignedjudge'srequest 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 ofthe complaint without good cause shall be deemed an admission ofthe truth ofeach allegation contained inthe complaint.2 "A showing ofgood cause is 

### mandatory. Without it, failure to file an answer by the deadline may not be excused."3
Pursuantto 14 C.F.R. § 13.205(a)(6) and§ 13.209, IT IS HEREBY ORDERED: 1. No later than October3, 2016, the

### pro se Respondent shall file a written statement explainingthe cause ofhis 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 undersignedjudge.

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) (quotingAtlantic WorldAirways, FAA OrderNo. 1995-28, at 4 (Dec. 19, 1995).DocketNo. F AA-2015-0639 (Civil Penalty Action) SERVICE LIST -BYU.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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant 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.