### SERVED: SEPTEMBER 18, 2012

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHIN.GTON, DC
IN THE MATTER OF 

### KELLY MCDOWELL FAA DOCKETNo. [TO BEASSIGNED] (Civil Penalty Case) FDMS FAA-2011-1287
ORDER TO RESPONDENT TO SHOW CAUSE 

## . SEP I

## q .li, 

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The Federal Aviation Administration ("Complainant") filed a Motion for Decision ("Motion") dated August 28, 2012. The basis for the Motion is Complainant's assertion that Kelly McDowell ("Respondent") has failed to file anAnswer to the Complaint. Respondent has not answered the Motion. WHEREFORE, it is ORDERED as follows: 1. On orbefore October 3, 2012, Respondent shall file a response tothis Order stating why the reliefrequested in Complainant's Motion should not be granted; 2. On orbefore October

### 3, 2012, Respondent shall file anAnswerto the Complaint1 ;

1 The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations. Those rules provide, inter alia; that the Respondent must file a written Answer ormotion within thirty (30) days after service ofthe Complaint (14 C.F.R. § 13.209(a)) and that failure to file an Answer without good· cause is deemed an admission ofeach allegation in the Complaint(§13.209(t)).2
3. Onorbefore October 3, 2012, Respondep.t shall fully comply with our Procedural Order dated January 9, 2012; and 4. Absent full and complete responses to Ordering paragraphs 1, 2 and 3, Respondent may be sanctioned, including, butnot limited to, allegations inthe Complaintmay · be deemed admitted; Respondent may be precluded from introducing any evidence atthe hearing other than personal testimony; Respondent's Request for Hearing may be dismissed; and/or a DefaultJudgment may be entered against Respondent inthe full amount ofthe fine requested bythe Complainant in its Complaint.

Richard C. Goodwin U.S. Administrative Law Judge Attachment- Service List

More specifically, 14 C.F.R. § 13.209 (e) states: Aperson filing an answer shall admit, deny, or state that the person is without sufficientknowledge or . information to admit or deny, each numbered paragraph ofthe complaint. Any statement m;allegation contained i.n the complaintthat is not specifically denied in the answer may be deemed an admission ofthe truth ofthat allegation. A general denial ofthe complaint is deemed afailure to file an answer.

### 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 2WI000 1


### Kelly McDowell, 

### Respondent 716 Hall Vale Drive Ft. Worth, TX 76108 

### ONE COPY

MaryEllen Loftus, 

### Complainant's Counsel Attorney, Office ofthe Regional Counsel Central Region, ACE-7 Federal Aviation Administration Room 506, DOT Building 91 Locust Kansas City, MO 64106-2641 TEL: 816-329-3764 FAX: 816-329-3771 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 FAX: 202-366-7536 FDMS No. FAA-2011-1287 (Civil Penalty Action)

1 Service was by U.S. Mail. For service inperson orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., WilburWright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.