### SERVED: APRIL 30, 2012

U.S. DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC 

### BRICE E. THOMPSON FAA DOCKETNo. [TO BEASSIGNED]

· (Civil Penalty Case) DMS FAA-2011-1119 

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### ORDERENTERING DEFAULT JUDGMENT AGAINST RESPONDENT The Orderto Show Cause ofMarch 28, 2012, issued in response to the Motion to Compel ofthe Federal Aviation Administration ("Complainant" or ''the agency"), directed Respondent Brice E. Thompson ("Respondent" or "Mr. Thompson") to make certain filings byApril11, 2012 orrisk sanctions. Specifically, the Order to Show Cause directed Respondent, by April 11, 2012, to 1) respond to the Orderto Show Cause, stating whythe reliefrequested in Complainant'sMotionto Compel should notbe granted; and 2) fully and completely answer every discovery request. Failing to do each ofthese things infull, the Orderto 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 onApril25, 2012 filed a Motion for Decision, urging that a default judgmentissue against Respondent. Itargues 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 informthis Court, as he must,2 ofany change ofaddress. As such he is responsible for knowledge ofthe contents ofany items mailed to his lastknown address, and for properresponse thereto. Respondent, the agency concludes, has failed in its pre-trial obligations to Complainant and to this Court. Inthese circumstances, Complainant also argues, to hold a hearing would constitute a waste ofvaluable 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 inthe 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 Orderto Show Cause. He already has been warned ofthe risks ofa failure to comply. He also has been explicitlyreminded ofhis responsibility to inform the Court of any change ofaddress. Yet Mr. Thompsonhas 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 properremedy. Respondent has constructively abandoned his oppositionto 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 scheduledto be heard beginning May 8, 2012, pursuant to Hearing Notice dated February 29,2012, is hereby CANCELLED; and 3. Judgmentbe and is hereby ENTERED for Complainant and as to civil penalty inthe amount of$5,000.00 against Respondent, as requested in Complainant's Complaint.

Attachment

- Service List

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SERVICE LIST ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 WilburWright Building-Suite2W1000 1

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 

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Lindsay M. Nakamura, Complainant's Counsel Attorney, Office ofthe 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,AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey 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. Forservice inperson orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur WrightBuilding-Suite 2Wl000, Washington, DC20591; Attention: HearingDocket Clerk, AGC-430.