SERVED: APRIL 9, 2012 

^ .FP^RTMENT OF 

iRANSPORTATlON 

\l APR - ^ P 2-- 3 1 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

M&MTANKS, INC. 

FAA DOCKET No. [TO BE ASSIGNED] 

. (Civil Penalty Action) 

FDMSNo. FAA-20II-1II8 

ORDER TO RESPONDENT TO SHOW CAUSE 

The Federal Aviation Administration ("CoiTiplainant") on April 2, 2012, filed a 

Motion to Compel and Request for Sanctions ("Motion"). The Motion avers that 

Complainant served its First Set of Discovery to Respondent ("Discovery Requests") to 

Respondent M & M Tanks, Inc., ("Respondent") under date of February 9, 2012. 

Answers to the Di.scovery Requests were due 30 days after service, or by March 12, 

2012. However, the Motion continues, Complainant's Discovery Requests have failed to 

generate any response. Complainant asks that the undersigned issue an order compelling 

Respondent to provide full answers to its Discovery Requests by a date certain so that 

Complainant can properly prepare for the hearing and to narrow the issues for trial. 

Complainant further asks that sanctions be imposed on Respondent if it fails to provide 

separate and complete answers by the deadline the undersigned may set, 

I find that Complainant's Motion is meritorious. 

WHEREFORE, it is ORDERED as follows: 
1. On or before April 23, 2012, Respondent shall file a response to this Order 

stating why the relief requested in Complnitiant's Motion should not be 

granted; 

2. On or before April 23, 2012, Respondent shall separately, fully and 

completely answer each and every matter propounded in Complainant's 

Discovery Requests; 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; Respondent may be precluded 

from introducing any evidence at the hearing other than its own 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 
FDMSNo. FAA-2011-11 

(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 2WIO00' 

ONE COPY 

Stanford M.J. Manuia, Respondent '.v Counsel 

701 Bishop Street 

Honolulu, HI 96813 

TEL: 808-532-4543 

FAX: 808-532-4704 

M&M Tanks, Inc., Respondent 

ATTN: Michael Weitzenhoff 

1036 Mikole Street 

Honolulu, HI 96819 

Christopher Merrill, Complainant's Counsel 

Attorney, Office of the Regional Counsel, AWP-7.3 

Western-Pacific Region 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-7105 

FAX: 310-725-6816 

The Honorable Richard C. Goodwin, Adminislfalive Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (El 1-310) 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Staff Assistant/Paralegal 

FAX: 202-366-7536 

' Scn'ice was by U.S. Mail. For scr\'icc in person or by e.\pcdited courier, use the following address: 

Federal Aviation Adiiiinislration. 600 Independence Avenue, S.W.. Wilbur Wright Building—Suite 2W1000, 

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

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