In The Matter Of: 

SERVED: May 17, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC -~, - ---, -. \ , 

Docket No. FAA-2014-0405 

Christopher McCann 

) 

) 

) 

) 

) 

Case No. 2013-GL-15-0056 

Respondent 

ORDER TO SHOW CAUSE AND PROVIDE REQUESTED INFORMATION 

On April 4, 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 April 28, 2016, the Complainant filed a unilateral report, stating that his attempts to meet 

and confer with Respondent had failed. 

The Respondent failed to submit a report or request for additional time before the deadline. 

In accordance with 14 C.F.R. § 13.205(a)(6), an administrative law judge is empowered to 

regulate the course of a hearing. As previously noted by the F A.1- 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. 1 

The parties are therefore reminded that failure to follow the undersigned administrative law 

judge's orders without good cause may result in sanctions? Moreover, continued failure to 

participate in the proceedings as directed by the undersigned judge may be deemed a 

1 American Airlines, Inc., FAA Order No. 2002-15, at 9 (May 20, 2002). 2 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."). 
constructive withdrawal of the request for hearing or complaint by the party demonstrating such 

a lack of interest in participating in these proceedings. 3 

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

1. No later than June 1, 2016, the Respondent shall file a statement explaining the cause of 

his failure to comply with the Order Directing the Parties to Meet and Confer Regarding 

Litigation and Scheduling Issues. 

2. The Respondent shall include in his statement the information requested in the Order 

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

3. If the Respondent fails to file this statement by the above deadline, the undersigned judge 

may issue a subsequent order finding the Respondent has constructively withdrawn from 

these proceedings and, pursuant to 14 C.F.R. § 13.215, dismiss the case with prejudice. 

~-DOUGLAS M. RAW ALD 

Administrative Law Judge 

Attachment: Service List 

3 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), aff' 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-2014-0405 

(Civil Penalty 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 2W1 0004 

Christopher McCann, Respondent 

109 4th A venue North 

Sartell, MN 56377 

ONE COPY 

Jonathan C. Bringewatt, Complainant's Counsel 

Federal Aviation Administration 

Office ofRegional Counsel (AGL-7J) 

2300 East Devon Avenue 

Des Plaines, IL 60018 

DESK: 847-294-7063 

MAIN:847-294-7313 

FAX: 847-294-7498 

EMAIL: jonathan. bringewatt@faa.gov 

The Honorable Douglas M. Rawald, Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

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.