In The Matter Of: 

SERVED: May 17,2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2015-1321 

Fisher Scientific Company, LLC 

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Case No. 2011 S0700457 

Respondent 

ORDER TO SHOW CAUSE AND PROVIDE REQUESTED INFORMATION 

On April 6, 2016, the undersigned judge 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 a joint report to the undersigned judge within 30 days of 

that order. 

On April30, 2016, the Respondent filed a unilateral report, stating that his attempts to meet 

and confer with the 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 law judge is empowered to 

regulate the course of a hearing. As previously noted by the FAA Administrator: 

[t]he Administrator expects that the parties will comply with orders issued by an ALJ during the 

hearing stage of a proceeding. Ignoring an ALJ's orders cannot be countenanced in an orderly 

system of adjudication.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 of appearance on May I 0, 2016, but failed to include the information 

required by the undersigned judge's Apri16, 2016 Meet and Confer Order or offer 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. 

3 American Airlines, 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 permitted by the Rules of Practice that the ALJ imposes against a party for that 

behavior."). 
participate in the proceedings as directed by the undersigned judge may be deemed a 

constructive withdrawal of the request for hearing or complaint by the party demonstrating such 

a lack of interest in participating in these proceedings. 5 

Pursuant to 14 C.P.R.§ 13.205(a)(l), (6), and (7), it is hereby ORDERED: 

1. No later than June 1, 2016, the Respondent shall file a report including all of the 

information requested in the Order Directing the Parties to Meet and Confer Regarding 

Litigation and Scheduling Issues. 

2. No later than June 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 in their statement the information requested in the Order 

Directing the Parties to Meet and Confer Regarding Litigation and Scheduling Issues. 

4. If the Complainant fails to file this statement by the above deadline, the undersigned 

judge may issue a subsequent order finding the Complainant has 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, Docket No. CP01S00015 (FAA Aug. 7, 2001) (ALJ construed Respondent's silence 

as a constructive withdrawal of request for a hearing), appeal dismissed, FAA Order No. 2002-10 (Apr. 17, 2002); 

Blanks on, Docket No. CP97EA0024 (FAA Sep. 11,. 1997) (ALJ found failure to respond to previous orders 

constituted constructive withdrawal), a.ff'd, FAA Order No. 98-21 (Oct. 9, 1998). See also Instead Balloon Services, 

FAA Order No. 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); Apollo A & 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 of its request for hearing."). 
Docket No. 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-Suite 2Wl 0006 

Jerry W. Cox, Respondent's Counsel 

Counsel for Thermo Fisher Scientific, Inc. 

and Fisher Scientific Co., LLC 

2050 Jamieson Ave., Suite 1212 

Alexandria, VA 22314 

TEL: 703-757-5866 

ONE COPY 

Email: jcox@potomacstrategyassociates.com 

Andrea Michelle Harper, Complainant's Counsel 

Senior Attorney, Office of the 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, Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department ofTransportation 

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

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FPCK: 202-366-7536 

6 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.