-~ 

SERVED: MARCH 8, 2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

_.. WASHINGTON, DC 

IN THE MATTER OF 

JOHN CROFT 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS FAA-2012-0903 

-ORDER TO RESPONDENT TO SHOW CAUSE -

The Federal Aviation Administration ("Complainant") has filed a Motion to Deem 

Allegations Admitted ("Motion"Y dated February 19, 2013. It asks for a decision finding that_ 

Respondent John Croft ("Respondent") violated the regulations with which he is charged. It also 

requests that the proceeding be limited to a determination of the appropriate sanction. 

The basis for Complainant's Motion is its assertion that Respondent has failed to file an 

Answer to the Complaint. The Rules of Practice in FAA Civil Penalty Actions, 14 C.F. R. 

§ 13.201 et seq., ("Rules of Practice") provide that a respondent must submit an Answer within 

30 days ofthe service ofthe Complaint. The Complaint in this case was served on September 10, 

2012. See 14 C.P.R._ §13.209(a). The Rules ofPractice also provide that a Respondent's failure 

to timely file an answer Without good cause will be deemed an admission of the truth of each 

allegation of the· Complaint. See 14 C.P.R. § 13.209(f). Respondent also argues in support of the 

1 The full title ofthe Motion is "Complainant's Motion to Deem Admitted Each Allegation in the Complaint, and 

For a Decision as to the Violations." 
,, 

' 2 

Motion that Respondent has established through an earlier submission to Complainant that he 

has violated the regulations in question. 

Respondent has not answered the Motion. 

WHEREFORE, it is ORDERED as follows: 

1.. On or before March 22, 2013, Respondent shall file a response to this Order 

stating why the relief requested in Complainant's Motion should not be granted; and 

2. On or before March 22, 2013, Respondent shall file an Answer to the Complaint;2 

and 

3. Absent full and complete responses to Ordering paragraphs 1 and 2, Respondent 

may be sanctioned, including, but not limited to, allegations in the Complaint may be deemed 

admitted; Respondent may be precluded from introducing any evidence at the hearing other than 

personal testimony; Respondent's Request for Hearing may be dismissed; and/or a Default 

Judgment may be entered against Respondent in the full amou.nt of the civil penalty requested 

by the Complainant in its Complaint. 

Richard C. Goodwin · 

U.S. Administrative Law Judge 

Attachment - Service List 

2 Respondent is·advised of the full requirements of an Answer.· 

14 C.F.R. § 13.209 (e) states: 

A person filing an answer shall admit, deny, or state that the person is without sufficient kt1owledge or 

information to admit or deny, each numbered paragraph of the complaint. Any statement or allegation contained in 

the complaint that is not specifically denied in the answer may be deemed an admission of the truth of that 

· allegation. A general 9enial of the complaint is deemed a failure to file an answer .. 
3 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430, 

Wilbur Wright Building-Suite 2W10001 

John Croft, Respondent 

134 Lincoln Street 

Sitka, AK 9983 5 

TEL: 907-738-1256 

ONE COPY 

Howard L. Martin, Jr., Complainant's Counsel 

Regional Counsel, Office ofRegional Counsel, AAL-7 

Alaskan Region 

Federal Aviation Administration 

222 West i 11 A venue , Box 14 

Anchorage, AK 99513-7587 

TEL: 907- 271-5273 

FAX: 907- 271-2800 

The Honorable Richard C. Goodwin, Administrative Law Judge 

U.S. Department of Transportation 

Office ofHearings, M-20, 

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

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-2139 

Staff Assistant 202-366-5121 

FAX: 202-366-7536 

FDMS No. FAA-2012-0903 

(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 2W1000, Washington, 

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