^•-:-''.RTMENTOF 

SERVED MARCH 28, 201 1 "^' Ur;;hAnOrb 

7G11 ilAR 2^ A IQ: H3 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

WESTMARK INDUSTRIES, INC. 

FAA DOCKET No. CP06NM0008 

(Civil Penalty Case) 

DMS FAA-2006-26338 

ORDER TO SHOW CAUSE 

The Federal Aviation Administration ("Complainant") has filed a 2"** Renewed 

Motion for Decision ("Motion") dated March 7, 2011. In support, Complainant avers 

that Respondent Westmark Industries, Inc. ("Respondent") has failed to file an Answer to 

the Complaint; fiirther, it argues, no genuine issues of fact exist and it is entitled to a 

decision as a matter of law. Respondent has not answered the Motion. 

WHEREFORE, it is ORDERED as follows: 

1. On or before April 6, 2011, Respondent shall file a response to this Order 

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

granted; 

2. On or before April 6, 2011, Respondent shall file an Answer to the within 

filed Complaint'; 

The Rules of Practice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, of the Federal 

Aviation Regulations. Those rules provide, among other things, that the Respondent must file a written 

(footnote continued on following page) 
On or before April 6,2011, Respondent shall fully comply with our 

Procedural Order dated February 28, 2011; and 

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

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 fiill amount 

of the fine requested by the Complainant in its Complaint. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 

Answer or motion withm thirty (30) days after service of the Complaint (14 C.F.R. § 13.209(a)), that a 

general denial is deemed a failure to file an Answer (§ 13.209(e)), that failure to file an Answer without 

good cause is deemed an admission of each allegation in the Complaint (§ 13.209(f)), and that, absent 

agreement of the parties, a party seeking an extension of time must file a written motion not less than seven 

(7) days before the document is due, absent good cause shown (§ 13.213(a) and (b)). 

More specifically, 14 C.F.R. § 13.209 (e) states: 

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

knowledge 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 denial of the complaint is deemed a failure to file an 

answer. 
FAA Docket No. CP06NM0008 

(Civil Penalty Action) 

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 2W1000' 

ONE COPY 

Michael Offer, Owner 

Westmark Industries, Respondent 

6701 S.W. McEwan Road 

Lake Oswego, OR 97035-7815 

TEL: 503-620-0945 

FAX: 503-639-6749 

Scott R. Morris, Complainant's Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

.1601 Lind Avenue, S.W. 

Renton, WA 98055-4099 

TEL: 425-227-1417 

FAX: 425-227-1007 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' 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.