In The Matter Of: 

### SERVED: May 17,2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2015-1321 Fisher Scientific Company, LLC ) ) ) ) ) Case No. 2011S0700457 Respondent
ORDERTO SHOW CAUSE AND PROVIDE REQUESTED INFORMATION
OnApril 6, 2016, the undersignedjudge issued an Order Directing the Parties to Meet and Confer Regarding Litigation and Scheduling Issues in the above captioned case. The order required, 

### inter alia, the parties to submit ajointreportto the undersignedjudge within 30 days of that order. OnApril30, 2016, the Respondent filed a unilateral report, stating thathis attempts to meet and confer withthe Complainant had failed. 1 The Complainant failed to submit a report or request for additional time before the deadline.2 In accordance with 14 C.P.R. § 13.205(a)(6), an administrative lawjudge is empoweredto regulate the course ofa hearing. As previously noted bythe FAA Administrator: [t]he Administrator expects thatthe parties will comply with orders issuedby an ALJ during the hearing stage ofa proceeding. Ignoring an ALJ's orders cannotbe countenanced in an orderly system ofadjudication.3 The parties are therefore reminded that failure to follow the undersigned administrative law judge's orders without good cause may result in sanctions.4 Moreover, continued failure to

1 Respondent failed, however, to provide all the information requested in the April6, 2016 Meet and Confer Order. 2 Counsel for the Complainant filed a notice ofappearance on May I0, 2016, but failed to include the information requiredby the undersignedjudge'sApri16, 2016 Meet and Confer Order oroffer a response to Respondent's assertions within his April30, 2016 report. Notably, the counsel making her appearance was the same person Respondent's counsel had corresponded with regarding this matter as early as April20, 2016. This counsel was therefore assigned to this matter well before the deadline for filing a response to the April6, 2016 Meet and Confer Order. 3AmericanAirlines, Inc., FAA Order No. 2002-15, at 9 (May 20, 2002). 4 See id ("Parties who disregard the ALJ's orders do so at their own peril because the Administrator on appeal will uphold any reasonable sanctions permittedbythe Rules ofPractice that the ALJ imposes against a party for that behavior.").participate inthe proceedings as directed by the undersignedjudge may be deemed a constructive withdrawal ofthe request for hearing or complaintby the party demonstrating such
a lack ofinterest inparticipating in these proceedings.5
Pursuantto 14 C.P.R.§ 13.205(a)(l), (6), and (7), it is hereby ORDERED: 1. No laterthan June 1, 2016, the Respondent shall file a report including all ofthe information requested inthe Order Directing the Parties to Meet and Confer Regarding Litigation and Scheduling Issues. 2. No later thanJune 1, 2016, the Complainant shall file a statement explaining the cause of their failure to comply with the Order Directing the Parties to Meet and Confer Regarding Litigation and Scheduling Issues. 3. The Complainant shall include intheir statement the information requested inthe Order Directing the Parties to Meet and Confer Regarding Litigation and Scheduling Issues. 4. Ifthe Complainant fails to file this statement by the above deadline, the undersigned judgemay issue a subsequent order finding the Complainanthas constructively withdrawn from these proceedings and, pursuant to 14 C.P.R. § 13.215, dismiss the case with prejudice.



# :::12~ DOUGLAS M. RAW ALD Administrative Law Judge

Attachment: Service List

5 See, e.g., JAL Power Supply, DocketNo. CP01S00015 (FAA Aug. 7, 2001) (ALJ construed Respondent's silence as a constructive withdrawal ofrequest for a hearing), appeal dismissed, FAA OrderNo. 2002-10 (Apr. 17, 2002); Blankson, DocketNo. CP97EA0024 (FAA Sep. 11,. 1997) (ALJ found failure to respondto previous orders constituted constructive withdrawal), a.ff'd, FAA OrderNo. 98-21 (Oct. 9, 1998). See also InsteadBalloon Services, FAA OrderNo. 1998-23, at 3 (Nov. 24, 1998) (affirming ALJ's decision to find constructive withdrawal when a party failed to appear at the hearing without good cause);ApolloA & HS Company, FAA Order No. 2011-4, at 4 (Jan. 14, 2011) ("Apollo's failure to appear at the hearing and to pursue its request for hearing without good cause constituted a constructive withdrawal ofits request for hearing.").

### DocketNo. FAA-2015-1321 (CivilPenalty 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-Suite2Wl0006



### Jerry W. Cox, Respondent's Counsel 

### Counsel for Thermo Fisher Scientific, Inc.

and Fisher Scientific Co.,LLC 2050 JamiesonAve., Suite 1212 Alexandria, VA 22314 TEL: 703-757-5866 ONE COPY



### Email: jcox@potomacstrategyassociates.com AndreaMichelle Harper, Complainant's Counsel 

### Senior Attorney, Office ofthe Regional Counsel Enforcement Division, Southern Team Federal Aviation Administration P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 

### FPCK: 404-305-5223 The Honorable Douglas M. Rawald,AdministrativeLawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant 

### FPCK: 202-366-7536

6 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-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.