In The Matter Of: 

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

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DocketNo. FAA-2014-0405 Christopher McCann ) ) ) ) ) Case No. 2013-GL-15-0056 Respondent


### ORDERTO SHOW CAUSE AND PROVIDE REQUESTED INFORMATION

OnApril 4, 2016, the undersignedjudge issued an Order Directingthe Parties to Meet and Confer Regarding Litigation and Scheduling Issues inthe above captioned case. The order required, 

### inter alia, theparties to submit ajointreport to the undersignedjudge within 30 days of that order. On April 28, 2016, the Complainant filed a unilateral report, stating thathis 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 lawjudge is empoweredto regulate the course ofa 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 ofa proceeding. Ignoring an ALJ's orders cannotbe countenanced in an orderly system ofadjudication. 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 inthe proceedings as directed by the undersignedjudge may be deemed a

1AmericanAirlines, Inc., FAA OrderNo. 2002-15, at 9 (May 20, 2002). 2 See id. ("Parties who disregard the ALJ's orders do so at their own peril becausethe Administrator on appeal will · uphold any reasonable sanctions permitted bythe Rules ofPractice that the ALJ imposes against a party for that behavior.").constructive withdrawal ofthe request for hearing or complaintby the party demonstrating such
a lack ofinterest inparticipating in these proceedings.3
Pursuantto 14 C.F.R. § 13.205(a)(l), (6), and (7), it is hereby ORDERED: 1. No later thanJune 

### 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 inthe Order Directing the Parties to Meet and Confer Regarding Litigation and Scheduling Issues. 3. Ifthe Respondent fails to file this statement by the above deadline, the undersignedjudge 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 withprejudice.



# ~- DOUGLAS M. RAW ALD Administrative LawJudge
Attachment: Service List

3 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 Order No. 2002-10 (Apr. 17, 2002); Blankson, DocketNo. CP97EA0024 (FAA Sep. 11, 1997) (ALJ found failure to respond to previous orders constituted constructive withdrawal), aff'd, FAA OrderNo. 98-21 (Oct. 9, 1998). See also InsteadBalloon 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); ApolloA & HS Company, FAA OrderNo. 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-2014-0405 (Civil Penalty Action)
SERVICE LIST - BYU.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 2W10004

Christopher McCann, Respondent 109 4th Avenue North Sartell, MN 56377 ONE COPY

Jonathan C. Bringewatt, Complainant's Counsel Federal Aviation Administration Office ofRegional Counsel (AGL-7J) 2300 EastDevonAvenue 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant 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.