SERVED: SEPTEMBER 18, 2012 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHIN.GTON, DC 

IN THE MATTER OF 

KELLY MCDOWELL 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Case) 

FDMS FAA-2011-1287 

ORDER TO RESPONDENT TO SHOW CAUSE 

. SEP I q .li, q: I O 

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 an Answer to the Complaint. Respondent has 

not answered the Motion. 

WHEREFORE, it is ORDERED as follows: 

1. On or before October 3, 2012, 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 October 3, 2012, Respondent shall file an Answer to the Complaint1

; 

1 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, inter alia; that the Respondent must file a written Answer or motion within thirty 

(30) days after service of the Complaint (14 C.F.R. § 13.209(a)) and that failure to file an Answer without good· 

cause is deemed an admission of each allegation in the Complaint(§ 13.209(t)). 
2 

3. On or before 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, 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 full amount of the fine requested 

by the 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: 

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 ofthe complaint. Any statement m;allegation contained i.n 

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. 
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 2WI0001 

Kelly McDowell, Respondent 

716 Hall Vale Drive 

Ft. Worth, TX 76108 

ONE COPY 

Mary Ellen Loftus, Complainant's Counsel 

Attorney, Office of the 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, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department ofTransportation 

1200 New Jersey 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 in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, 

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