## SERVED: August 21,2013 /:_**~-:~.:\F11.f\·~Ei\_;T** 

## ClF U.S. DEPARTMENT OF

# TRANSPORTAtiQN;~~Ji1~~~~~ir' OFFICE OF HEARINGS

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### WASHINGTON, DC [iH] :::..lG 

### 22 ll: 39

In The Matter Of: ) ) ) ) ) DocketNo. FAA-2013-0613 OCTA VIAN FILOTI Respondent Case No. 2013NE700100

ORDER SETTING DEADLINE FORTHE RESPONDENT TO SHOW CAUSE AND TO FILE AN ANSWER,

AND GRANTING/DENYING OTHERRELIEF

OnJuly 1, 2013, the FAA filed a Final Notice ofCivil Penalty, alleging that onor about March 6, 2013, the

### pro se Respondent, Octavian Filoti, had violated multiple Hazardous Materials Regulations when he offered checkedbaggage for an airline flight. OnJuly 9, 2013, the

### prose Respondent mailed a one-page letterto the FAA Hearing Docket, requesting a hearing and asking that such hearing be scheduled afterAugust 9, 2013. There was no Certificate ofService attached to showproofofservice on eitherthe FAAorthe FAA Hearing Docket.
OnJuly 19, 2013, the FAA filed a Complaint, which again alleged that onor about March 6, 2013, the

### prose Respondent, Octavian Filoti, had violated multiple Hazardous Materials Regulations whenhe 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 ofservice pursuantto 14 C.F.R. 13.209, orthat failure to file an Answer could result in a defaultjudgment against him. 

### See, Steven Baicker-McKee, et al., 

### Federal CivilRules Handbook, West Publishing (2012)(Rule 4)(The core concept ofa summons is to alertthe respondent that he has a lawsuitpending against him, and to advise the respondentthat he has only a limited time in which to respond). OnAugust 19, 2013 (i.e., the 30th day after presumed service to the Respondent ofthe 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 appearbytelephone 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 ajoint scheduling/discoveryplanby October 10, 2013.That same day, onAugust 20,2013, the FAA filed a Motion for Decision ("Motion"). Among otherthings, the FAA alleged that the Respondent had beenproperly served withthe Complaint, but that the Respondent had failed to file an Answer. The FAA requested thatthe allegations contained inthe July 19, 2013 Complaintbe deemed admitted, and that ajudgment of $1,000 for a civil penalty be granted.
As oftoday's date, August 21, 2013, the

### prose Respondent has failed to file anAnswer.
Pursuantto 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) whyhe did not file a timely Answer to the Complaint. 2. On or before September 10,2013,the

### prose Respondent shall file a written Answerto the FAA's July 9, 2013 Complaint. This Answer should specifically respond to each allegation in the Notice ofComplaint, and specifically identify each affirmative defense (ifany) the Respondent intends to assert at the hearing. · 3. Pursuantto 14 C.F.R. §§ 13.209(b), 13.210, and 13.211, the Respondent shall mail or fax the original and one copy ofthe written Response and Answer, as well as any future documents, to the FAA Hearing Docket, and mail or fax a copy ofthe Response and Answer onthe undersigned administrative Judge and to the FAA attorney, at the addresses appearing onthe attached Certificate ofService. 4. Pursuant to 14 C.P.R. §13:211(c), the Respondent shall include a Certificate ofService with his Response and Answer, and with any future documents that the Respondent files inthis litigation. A sample Certificate ofService is attached to this Order, and the names/addresses/fax numbers ofthe administrative Judge and all parties are included. 5. Ifthe Respondent fails to file, on or before September 10, 2013, a written Responseto the FAA's August 20, 2013 Motion, and fails to file a written Answerto the FAA's July 9, 2013 Complaint, the Respondent may be deemed to be in default. Pursuantto 14 C.F.R:

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

allegations inthe FAA'sJuly 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 ListSERVICE 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-Suite2W1000 1

Mr. MatthewJ. Zappala, Esq. 

### Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel NewEngland Region, ANE-7 12 NewEngland 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation ONE COPY

1200 NewJersey 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.