SERVED JULY 6, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

PRECISION DISPLAYS AND TOOLS 

FAA DOCKET No. CP09AL0008 

(Civil Penalty Case) 

DMS FAA-2009-0733 

ORDER TO SHOW CAUSE 

The Federal Aviation Administration (hereinafter "Complainant" or "agency") on 

June 30, 2010, filed under §13.220 of the Rules of Practice in FAA Civil Penalty Actions, 

49 C.F.R. §13.201 et seq., a document entitled "Motion on Precision Displays' Failure to 

Respond to Discovery" ("the Motion"). Complainant avers that on May 12, 2010, it 

propounded 1) interrogatories; 2) requests for production; and 3) requests for admission 

to Respoiident Precision Displays and Tools ("Respondent" or "Precision"), each 

carrying a due date of June 14, 2010. It states further that this submission, which I will 

refer to as the agency's First Discovery Request, has yet to be answered. The agency 

asks that I: 1) Compel Respondent to answer the interrogatories and produce the 

documents requested so that Complainant has received them by July 9, 2010; 2) Rule that 

Respondent's failure to answer its requests for admission be deemed an admission of the 

truth of the statements contained in those requests. 

The hearing in this matter is scheduled to begin on August 17, 2010 {see Notice of 

Hearing Dates, served May 4, 2010). Discovery is scheduled to close by August 1 {see 

Amended Procedural Order served February 24, 2010). Time is short. Respondent is 

hereby ordered to provide substantive and complete answers to Complainant's entire First 

Discovery Request, or explain why it cannot so provide them, by July 14, 2010 (receipt 

date). If Precision fails to do so in any respect, it risks sanctions. In this connection. 
• ( 

Respondent is directed to §13.220(l)(i), which states that a party's failure to respond to a 

request for admission "is deemed an admission of the truth of the statement or statements 

contained in the request for admission," and §13.220(1)(2), which states that if the 

administrative law judge determines that a response to a request for admission is 

insufficient, "the matter is deemed admitted." 

WHEREFORE, it is ORDERED as follows: 

1. On or before July 14,2010 (receipt date). 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 July 14,2010 (receipt date), Respondent shall file full and 

complete substantive answers, or state why it cannot furnish a ftill and complete 

substantive answer, to each request propounded in Complainant's First Discovery 

Request; and 

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

Respondent may be sanctioned including, but not limited to, allegations in the 

Complaint may be deemed admitted; any and all matters in Complainant's 

requests for admission 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 full amount of the fine requested by the 

Complainant in its Complaint. 

Richard C. Goodwin * ^ 

U.S. Administrative Law Judge 

Attachment - Service List 
FAA Docket No. CP09AL0008 

(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 2W] OOO' 

ONE COPY 

Robert Persekian, Owner 

Precision Displays and Tools, Respondent 

1555 Alum Rock Avenue, Suite 20 

San Jose, CA 95116 

TEL: 408-504-2515 

Howard L. Martin, Jr., Complainant's Counsel 

Regional Counsel, Office of the Regional Counsel, AAL-7 

Alaskan Region 

Federal Aviation Administration 

222 West 7* Avenue, Box 14 

Anchorage, AK 99513-7587 

TEL: 907-271-5269 

FAX: 907-271-2800 

The Honorable Richard C. Goodv^n, 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: Attorney-Advisor 202-366-2139 

Legal Assistant 202-366-5121 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Hearing Docket, Federal Aviation Administration, 600 Independence Avenue, S. W., Wilbur Wright Building - Room 

2014, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.