SERVED: August 21,2013 

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U.S. DEPARTMENT OF TRANSPORTAtiQN;~~Ji1~~~~~ir' OFFICE OF HEARINGS . ·")' L' _,, u" ·' "~' ,;) 

WASHINGTON, DC [iH] :::..lG 22 ll: 39 

In The Matter Of: ) 

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Docket No. F AA-20 13-0613 

OCTA VIAN FILOTI 

Respondent 

Case No. 2013NE700100 

ORDER SETTING DEADLINE FOR THE RESPONDENT 

TO SHOW CAUSE AND TO FILE AN ANSWER, 

AND GRANTING/DENYING OTHER RELIEF 

On July 1, 2013, the FAA filed a Final Notice of Civil Penalty, alleging that on or about 

March 6, 2013, the pro se Respondent, Octavian Filoti, had violated multiple Hazardous 

Materials Regulations when he offered checked baggage for an airline flight. 

On July 9, 2013, the prose Respondent mailed a one-page letter to the FAA Hearing 

Docket, requesting a hearing and asking that such hearing be scheduled after August 9, 2013. 

There was no Certificate of Service attached to show proof of service on either the FAA or the 

FAA Hearing Docket. 

On July 19, 2013, the FAA filed a Complaint, which again alleged that on or about 

March 6, 2013, the prose Respondent, Octavian Filoti, had violated multiple Hazardous 

Materials Regulations when he offered checked baggage for an airline flight. The FAA 

Complaint did not contain any notification to the Respondent that he needed to file an Answer 

within 30 days of service pursuant to 14 C.F .R. 13.209, or that failure to file an Answer could 

result in a default judgment against him. See, Steven Baicker-McKee, et al., Federal Civil Rules 

Handbook, West Publishing (2012)(Rule 4)(The core concept of a summons is to alert the 

respondent that he has a lawsuit pending against him, and to advise the respondent that he has 

only a limited time in which to respond). 

On August 19, 2013 (i.e., the 30th day after presumed service to the Respondent of the 

FAA Complaint) the Respondent failed to file an Answer to the Complaint. 

On August 20, 2013, an Order Setting Rule 16 Litigation Scheduling Conference, and 

Directing Rule 26(f) Planning and Submission was filed. Among other things, this Order directed 

the parties to appear by telephone on October 17, 2013, at 11:00 a.m. Eastern Time for a Rule 16 

Litigation Scheduling Conference. The parties were also directed to prepare and file a joint 

scheduling/discovery plan by October 10, 2013. 
That same day, on August 20,2013, the FAA filed a Motion for Decision ("Motion"). 

Among other things, the FAA alleged that the Respondent had been properly served with the 

Complaint, but that the Respondent had failed to file an Answer. The FAA requested that the 

allegations contained in the July 19, 2013 Complaint be deemed admitted, and that a judgment of 

$1,000 for a civil penalty be granted. 

As oftoday's date, August 21, 2013, the prose Respondent has failed to file an Answer. 

Pursuant to 14 C.F.R. §13.205(a), 14 C.F.R. §13.209, 14 C.F.R. §13.218, and Fed. Rs. · 

Civ. P. 4 and 8, and after reviewing all pleadings and documents, as well as all relevant caselaw, 

decisions, regulation, statutory authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. On or before September 10, 2013, the prose Respondent, Octavian Filoti, shall file a 

written Response to the FAA's August 20,2013 Motion for Decision. In this Response, the 

Respondent should specifically state any good cause reason(s) why he did not file a timely 

Answer to the Complaint. 

2. On or before September 10,2013, the prose Respondent shall file a written Answer to the 

FAA's July 9, 2013 Complaint. This Answer should specifically respond to each allegation 

in the Notice of Complaint, and specifically identify each affirmative defense (if any) the 

Respondent intends to assert at the hearing. · 

3. Pursuant to 14 C.F.R. §§ 13.209(b), 13.210, and 13.211, the Respondent shall mail or fax the 

original and one copy of the written Response and Answer, as well as any future documents, 

to the FAA Hearing Docket, and mail or fax a copy of the Response and Answer on the 

undersigned administrative Judge and to the FAA attorney, at the addresses appearing on the 

attached Certificate of Service. 

4. Pursuant to 14 C.P.R. §13:211(c), the Respondent shall include a Certificate of Service with 

his Response and Answer, and with any future documents that the Respondent files in this 

litigation. A sample Certificate of Service is attached to this Order, and the 

names/addresses/fax numbers of the administrative Judge and all parties are included. 

5. If the Respondent fails to file, on or before September 10, 2013, a written Response to the 

FAA's August 20, 2013 Motion, and fails to file a written Answer to the FAA's July 9, 2013 

Complaint, the Respondent may be deemed to be in default. Pursuant to 14 C.F.R: 

· §13.209(±) and Fed. R. Civ. P. 55, ifthe Respondent is deemed to be in default, the 

allegations in the FAA's July 9, 2013 Complaint may be deemed admitted, and the FAA's 

August 20, 2013 Motion for Decision may be granted, all or in part, without further notice to 

the parties, and without further conference or hearing. 
6. The FAA's Motion for Decision is reserved until after September 10, 2013. 

Attachment: Service List 
SERVICE LIST- BY U.S. MAIL 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC-430 . 

Wilbur Wright Building-Suite 2W1 0001 

Mr. Matthew J. Zappala, Esq. 

Complainant's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel 

New England Region, ANE-7 

12 New England Executive Park 

Burlington, MA 01821 

TEL: 781-238-7046 

FAX: 781-238-7055 

Mr. Octavian Filoti 

Respondent 

67 Osprey Drive 

Portsmouth, NH 03801 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

ONE COPY 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-2124 

FAX: 202-366-7536 

FDMS No. FAA-2013-0613 

(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 2W1000, Washington, 

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