SERVED: April 15, 2015 

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U.S. DEPARTMENT OF TRANSPORTATION .. :_-'=0?T,\T1:Y' . - (\' r·-,-.,.,.,.. OFFICE OF HEARINGS .:·,_·.-..: · \_,~-~-,-i-~L~;. !~) 

WASHINGTON, DC ·.· ) l c; !D I '- ' .. ". ~ 0 ... _. J .-.1 It • •J .1-\. _;• .J 

In The Matter Of: ) 

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Docket No. F AA-20 15-0205 

JAMES JUAQUIN JORDAN 

Respondent 

Case No. 2014SW7001 04· 

ORDER SETTING DEADLINE FOR THE RESPONDENT 

TO SHOW CAUSE AND TO FILE AN ANSWER, 

AND RESERVING OTHER RELIEF 

On December 30, 2014, the FAA filed a Final Notice of Civil Penalty, alleging that on or 

about April 24, 2014, the prose Respondent, James Juaquin Jordan, had violated one Hazardous 

Materials Regulation (i.e., 49 C.F.R. § 171.2(e)), when he offered checked baggage for an airline 

flight. 

On February 12, 2015, the prose Respondent mailed a one-page letter to the FAA's 

Regional Counsel in Fort Worth, Texas, requesting a hearing. There was no Certificate of 

Service attached to show proof of service on the FAA Hearing Docket. 

On February 17,2013, the FAA asserted in a Complaint that on or about March 6, 2013, 

the prose Respondent, James Juaquin Jordan, had violated one Hazardous Materials Regulation . . 

when he offered checked baggage for an airline flight. (Complaint, 2-3.) The FAA Complaint 

contained a written notification to the Respondent that he needed to file an Answer within 30 

days of service pursuant to 14 C.F.R. 13.209. (Complaint, 4.) The notice did not _assert, 

however, that that failure to file a timely Answer could result in a default judgment against the 

Respondent. (ld.) See, Steven Baicker-McKee, et al.·, Federal Civil Rules Handbook, West 

Pub! ishing (20 12)(Rule 4 )(The core concept of a summons is to alert the respondent that he has a 

lawsuit pending against him, and to advise the respondent that he has only a limited time in 
which to respond). The FAA Complaint asserted that service on the Respondent by "Federal 

Express" had occurred on February 17, 2015. (Complaint, 4.) 

Three (3) days later, ·on February 20,2015, the FAA filed a copy ofthe Complaint and 

the Respondent's Request for Hearing with the Office of Hearings ("OH"). 

On March 24, 2015 (i.e., the 351h day after presumed service by mail on the Respondent 

of the FAA Complaint) the Respondent failed to file an Answer to the Complaint. 

... On April I, 2015, the F Af.. filed a Motion for Judgment on the Pleadings ("Motion"). 

Among other thirigs, the FAA alleged that the Respondent had been properly served with the 

Complaint, but that the Respondent had failed to file an Answer. The FAA requested that the 

allegations contained in the July 19, 2013 Complaint be deemed admitted, and that a judgment of 

$1,000 for a civil penalty be granted. 

As oftoday's date, April 15,2015, the prose Respondent has failed to file an Answer to . 

the Complaint, or a Response to the FAA's April 1, 2015 Motion. 

"Wherever possible, cases ~hould be disposed of on the merits after a hearing, rather than 

summarily because of a procedural defect." David Lloyd Cornwall. FAA Order No. 92-47, 1992 

WL 753155, at 7 (Jul. 22, 1992). However, an untimely or late filed answer cannot be accepted 

without a showing of good cause. 14 C.F.R. § 13.209(f); see, e.g., Larry's Flying Service, Inc., 

FAA Order No. 98-4 at 2-3 (Mar. 12, 1998). 

Pursuant to 14 C.F.R. § 13.205(a), 14 C.F.R. § 13.209, 14 C.F.R. § 13.218, and Fed. Rs. 

Civ. P. 4 and 8, and after reviewing all pleadings and documents, as well as all relevant caselaw, 

decisions, regulation, statutory authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. On or before April30, 2015, the prose Respondent, James Ju~quin Jordan, shall file a 

written Response to the FAA's April 1, 2015 Motion for Decision. In this Response, the 

Respondent should specifically state any good cause reason(s) why he did not file a timely 

Answer to the Complaint on or before March 24, 2015. 
I On or before April 30, 2015, the prose Respondent shall file a written Answer to the 

FAA's February 17, 2015 Complaint. This Answer should specifically respond to each 

allegation in the Notice of Complaint (i.e., respond to each paragraph in the Complaint) and 

specifically identify each affirmative. defense (if any) the Responde~t intends to assert at the 

hearing. 

3. Pursuant to 14 C.F.R. §§ 13.209(b), 13.210, and 13.211, the Respondent shall mail or fax the 

original and one copy of the written Response and Answer, as· well as any future documents, 

to the FAA Hearing Docket, and mail or fax a copy of the Response and Answer on the 

undersigned administrative Judge and to the FAA attorney, at the addresses appearing on the 

attached Certificate of Service. 

4. ·Pursuant to 14 C.F.R. §13.211(c), the Respondent shall include a Certificate of Service with 

his Response and Answer, and with any future documents that the Respondent files in this 

litigation. A sample Certificate of Service is attached to this Order, and the 

names/addresses/fax numbers of the administrative Judge and all parties are included. 

5. If the Respondent fails to file, on or before April 30, 2015, a written Response to the 

FAA's April 1, 2015 Motion, and fails to file a written Answer to the FAA's February 17, 

2015 Complaint, the Respondent may be deemed to be in default. 

6. Pursuant to 14 C.F.R. § 13.209(f) and Fed. R. Civ. P. 55, if the Respondent is deemed to be 

in default, the allegations in the FAA's February 17, 2015 Complaint may be deemed 

admitted, and the FAA's April l, 2015 Motion for Decision may be granted, all or in part, 

without further notice to the parties, and without further conference or hearing. 

7. The Ff\A's Motion for Judgment on the Pleadings is reserved until after April 30, 2015. 

8. If either party needs clarification or has any questions regarding the procedures contained in 

this Order, contact Mr. Cody L·Smith, Attorney-Advisor at t.he Office of Hearings (202-366-

6941). 

Attachment: Service List 
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! 

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 2W1000 1 

Ms. Rebecca Holmes 

Complainant's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel (AS W -7) 

2601 Meacham Blvd. 

Fort Worth, TX 76137 

TEL: 817-222-5064 

FAX: 817-222-5945/5092 

Mr. James Juaquin Jordan 

Respondent 

11980 Carriage Park Lane 

Johns Creek, GA 30097 

Judge J.E. Sullivan 

US Administrative Law Judge 

Office of Hearings, M-20. 

U.S. Department ofTransportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

ONE COPY 

FOMS No. FAA-2015-0205 

(Civil·Penalty Action) 

1 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 2WIOOO, Washington; 

DC 20591: Attention: Hearing Docket Clerk, AGC-430.