SERVED: APRIL 30, 2012 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

BRICE E. THOMPSON 

FAA DOCKET No. [TO BE ASSIGNED] 

· (Civil Penalty Case) 

DMS FAA-2011-1119 

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ORDER ENTERING DEFAULT JUDGMENT 

AGAINST RESPONDENT 

The Order to Show Cause of March 28, 2012, issued in response to the Motion to 

Compel of the Federal Aviation Administration ("Complainant" or ''the agency"), 

directed Respondent Brice E. Thompson ("Respondent" or "Mr. Thompson") to make 

certain filings by April11, 2012 or risk sanctions. Specifically, the Order to Show Cause 

directed Respondent, by April 11, 2012, to 1) respond to the Order to Show Cause, 

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

granted; and 2) fully and completely answer every discovery request. Failing to do each 

of these things in full, the Order to Show Cause warned, could result in sanctions therein 

listed, up to and including default. 

Respondent has failed to submit any response at all to any motion or order. 

Complainant on April25, 2012 filed a Motion for Decision, urging that a default 

judgment issue against Respondent. It argues that default is a remedy appropriate to the 

circumstances. In support it states that mailings to Respondent, all duly served, have all 

been returned as "Qndeliverable. Respondent has failed to inform this Court, as he must, 
2 

of any change of address. As such he is responsible for knowledge of the contents of any 

items mailed to his last known address, and for proper response thereto. Respondent, the 

agency concludes, has failed in its pre-trial obligations to Complainant and to this Court. 

In these circumstances, Complainant also argues, to hold a hearing would constitute a 

waste of valuable time and resources for the agency and the undersigned. Complainant 

requests that Respondent be found liable for the violations alleged and be assessed a civil 

penalty in the amount demanded in the Complaint. 

I agree with Complainant. Mr. Thompson has been given ample time and several 

opportunities to respond. He has failed to respond to Complainant's discovery requests 

and to the Order to Show Cause. He already has been warned of the risks of a failure to 

comply. He also has been explicitly reminded of his responsibility to inform the Court of 

any change of address. Yet Mr. Thompson has ignored all pleas. He has failed utterly in 

his pre-trial responsibilities to Complainant and to this Court. In these circumstances, I 

find and conclude that default is the proper remedy. Respondent has constructively 

abandoned his opposition to the Complaint. 

WHEREFORE, Complainant's Motion for Decision, dated April25, 2012, having 

been read and considered, it is ORDERED as follows: 

1. Respondent's Request for Hearing be and is hereby DISMISSED with 

prejudice; 

2. The hearing scheduled to be heard beginning May 8, 2012, pursuant to 

Hearing Notice dated February 29,2012, is hereby CANCELLED; 

and 

3. Judgment be and is hereby ENTERED for Complainant and as to civil 

penalty in the amount of $5,000.00 against Respondent, as requested 

in Complainant's Complaint. 

Attachment - Service List 
. . , 

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 

Brice E. Thompson, Respondent 

P.O. Box 11632 

Reno, NV 89510 

Brice E. Thompson, Respondent 

1555 Sky Valley Drive, Apt. w104 

Reno, NV 89523-9163 

Brice E. Thompson, Respondent 

1000 Harvard Way, Apt. 67 

Reno, NV 89502-2034 

ONE COPY 

Lindsay M. Nakamura, Complainant's Counsel 

Attorney, Office of the Regional Counsel, A WP-7.11 

Western-Pacific Region 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009-200] 

TEL: 310-725-7138 

FAJ(: 310-725-6816 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FDMS No. FAA-2011-1119 

(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 2Wl000, Washington, 

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