## SERVED: April 15, 2015**~,,:;**

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### U.S. DEPARTMENT OF TRANSPORTATION
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### OFFICE OF HEARINGS .:·,_·.-..: ·**\_,~-~-,-i-~L~;. !~)**  

### WASHINGTON, DC
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... _. J .-.1 It • •J .1-\. _;• .J In TheMatter Of: ) ) ) ) ) Docket No. FAA-2015-0205 JAMES JUAQUINJORDAN Respondent Case No. 2014SW700104·



### ORDERSETTING DEADLINE FOR THE RESPONDENT TO SHOWCAUSEAND TO FILEAN ANSWER, AND RESERVING OTHERRELIEF
On December 30, 2014, the FAA filed a Final Notice ofCivil 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 letterto the FAA's Regional Counsel in Fort Worth, Texas, requesting a hearing. There was no Certificate of Service attached to show proofofservice on the FAA Hearing Docket.
On February 17,2013, the FAA asserted in a Complaintthat on orabout March 6, 2013, the

### proseRespondent, 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 ofservice pursuant to 14 C.F.R. 13.209. (Complaint, 4.) The notice did not_assert, however, that that failure to file a timely Answercould result in a defaultjudgment against the Respondent. 

### (ld.) See, Steven Baicker-McKee, et al.·, 

### Federal Civil Rules Handbook, West Pub!ishing (2012)(Rule4)(The core concept ofa 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 inwhich 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 ofHearings ("OH").
On March 24, 2015 (i.e., the 35 1h day after presumed service by mail on the Respondent ofthe 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"). Amongotherthirigs, 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 Complaintbe deemed admitted, and that ajudgment 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. "Whereverpossible, cases**~hould** be disposed ofon the merits after a hearing, rather than summarily because ofa procedural defect."

### DavidLloyd Cornwall. FAA OrderNo. 92-47, 1992 WL 753155, at 7 (Jul. 22, 1992). However, an untimely or late filed answer cannot be accepted without a showing ofgood cause. 14 C.F.R. § 13.209(f); 

### see, e.g., Larry'sFlyingService, Inc., FAA OrderNo. 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 beingfully 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. Inthis Response, the Respondent should specifically state any good cause reason(s) why he did not file a timely Answer to the Complaint on orbefore March 24, 2015.

### I On or beforeApril 30, 2015, the

### prose Respondent shall file a written Answerto the FAA's February 17, 2015 Complaint. This Answer should specifically respond to each allegation in the Notice ofComplaint (i.e., respond to each paragraph in the Complaint) and specifically identify each affirmative.defense (ifany) 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 onecopy ofthe written Response and Answer, as·well as any future documents, to the FAA Hearing Docket, and mail or fax a copy ofthe Response and Answeron the undersigned administrative Judge and to the FAA attorney, at the addresses appearing on the attached Certificate ofService. 4. ·Pursuant to 14 C.F.R. §13.211(c), the Respondent shall include a Certificate ofService with his Response and Answer, and with any future documents that the Respondent files in this litigation. A sample Certificate ofService is attached to this Order, and the names/addresses/fax numbers ofthe administrative Judge and all parties are included. 5. Ifthe 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 Answerto 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, ifthe Respondent is deemed to be in default, the allegations in the FAA's February 17, 2015 Complaintmay 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 orhearing. 7. The Ff\A's Motion for Judgmenton the Pleadings is reserved until after April 30, 2015. 8. Ifeither 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 ofHearings (202-366- 6941).

Attachment: Service List' !



### 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-Suite2W1000 1

Ms. Rebecca Holmes 

### Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel (ASW-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 LawJudge Office ofHearings, M-20. U.S. Department ofTransportation 1200 NewJersey 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 orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2WIOOO, Washington; DC 20591: Attention: Hearing Docket Clerk, AGC-430.