**-~**



### SERVED: MARCH 8, 2013

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

_.. WASHINGTON, DC
IN THE MATTER OF



### JOHN CROFT FAA DOCKETNo. [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. Itasks for a decision finding that_ Respondent John Croft ("Respondent") violated the regulations with which he is charged. Italso requests thatthe proceeding be limited to a determination ofthe appropriate sanction. The basis for Complainant'sMotion is its assertion that Respondent has failed to file an Answerto the Complaint. The Rules ofPractice inFAA Civil Penalty Actions, 14 C.F. R. §13.201 etseq., ("Rules ofPractice") provide that a respondent must submit an Answer within 30 days ofthe service ofthe Complaint. The Complaint inthis 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 ofthe truth ofeach allegation ofthe· Complaint. See 14 C.P.R. §13.209(f). Respondent also argues in supportofthe

1The 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 Motionthat Respondenthas established through an earlier submissionto Complainantthat he has violated the regulations in question. Respondent has not answered the Motion. WHEREFORE, it is ORDEREDas follows: 1.. Onorbefore March 22, 2013, Respondent shall file a response to this Order stating why the reliefrequested in Complainant's Motion should not be granted; and 2. On orbefore 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 maybe sanctioned, including, but not limited to, allegations inthe Complaint may be deemed admitted; Respondent may be precluded from introducing any evidence at the hearing otherthan 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 ofthe civil penalty requested bythe Complainant in its Complaint.

Richard C. Goodwin · U.S. Administrative Law Judge Attachment

- Service List

2 Respondent is·advised ofthe full requirements ofan Answer.· 14 C.F.R. § 13.209 (e) states: A person filing an answer shall admit, deny, or state thatthe person is without sufficient kt1owledge or informationto admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained in the complaint that is not specifically denied in the answer may be deemed an admission ofthe truth ofthat
· allegation. A general 9enial ofthe 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, WilburWright Building-Suite 2W1000 1



### John Croft, Respondent 

### 134 Lincoln Street Sitka, AK 99835 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 

### Avenue , Box14 Anchorage, AK 99513-7587 TEL: 907- 271-5273 FAX: 907- 271-2800 The Honorable Richard C. Goodwin, AdministrativeLawJudge 

### U.S. Department ofTransportation Office ofHearings, M-20, 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: Attorney-Advisor 202-366-2139 StaffAssistant 202-366-5121 FAX: 202-366-7536 FDMS No. FAA-2012-0903 (Civil Penalty Action)

1 Service was byU.S. Mail. For service inperson 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.