### TO: Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000(1) 

# RECEIVED MAR 0

## 5 2014 HEARING DOCKET

ATTENTION: HEARING DOCKET CLERK 

### Re: In the Matter ofMary E. Bochiardy Docket No. 20 11EA170066

Enclosed hereinplease fmd a copy ofthe Motionto Dismiss the Agency's Motion to Strike Respondents Response to Agency's Motion to Dismiss response together with Certificate of Service. Sincerely,

Mary Bochiardy Representing Self 1450 Sunset Point Road Clearwater, FL 33755 TEL: 386-214-0414

Page 1 of 6

### Certificate ofService I hereby certify that on this 

### 251h day ofFebruary, 2014 copies ofthe foregoing Motion to Dismiss the Agency's Motion to Strike Respondents Response to Agency's Motionto Dismiss has been served upon the following via USPS 2 day mail service:

Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000(1) Judith L. Vaughan Office ofthe Regional Counsel, Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3255 FAX: 718-995-5699 Hon. J.E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536



### Dated: February 25, 2014 Representing Self 1450 Sunset Point Road Clearwater, FL 33755 TEL: 386-214-0414 marvbochiardv@comcast.net

Page 2 of6 

# \MARYE. BOCHIARDY REPRESENTING SELF 1450 SUNSETPOINT ROAD CLEARWATER, FLORIDA 33755

In the Matter ofMaryE. Bochiardy 2011EA170066 

# RECEIVED

HEARING DOCKET

MOTION TO DISMISSAGENCY'S MOTION TO STRIKE RESPONDENT'S RESPONSE TO AGENCY'S MOTION TO DISMISS LATE-FILED APPEAL HEREIN, I, Mary Bochiardy, currently amrepresenting myself, move to dismiss the Agency's Motionto Strike my response to the Agency's Motion to Dismiss Late-Filed Appeal. I mustremind the court that my situation is that I was made to understand based onmy intention and instruction to my counsel that I should already have acknowledgement ofa submitted Appeal and that my instruction was within the time constraints to do so as indicated to me by said attorney. I now find myselfunexpectedly unrepresented and at a severe disadvantage not fully understanding Federal Law orhaving representation withthat special competency. I am in the process ofengaging counsel. Until suchtime, I implore the court to please fully understand, that: 1. The Agency's repeated attempt to portray my lateness as a casual ignorance is superfluous. Atno time did I plant my head in the ground or was non-reactionary. Not until December 241 h. 2013, was I made aware ofthe severity and true status ofmy case and took immediate action to rectify. The details ofwhich are inmy response to Agency's Motion to Dismiss Late-Filed Appeal. 2. The package I received January 201 \2014 did include the Respondent's Request for a Hearing, a Notice ofAppearance, and the Motion to Dismiss Late-filed Appeal and lastly, the Complaint, with Certificate ofService indicating January l?'h, 2014. 3. The package I received January 20th, 2014 did NOT include any documentation, instructions orrules detailing howto respond, nothing referring to any compliance for any CFR related response was included, yet Atty Vaughan has nowincluded them in her Motion to Strike package received January 201 h, 2014 4. This newest FedEx package I received February 241 h, 2014 with Atty Vaughan's Agency's Motion to Strike did NOT include the Complaint, which was in the original January 20th, 2014 FedExpackage. This is where Atty Vaughanmade special note of howI was to respond. See Exhibit A 5. The fact that Atty Vaughan omitted this instruction in any ofher Exhibits inthe current February 241 h, 2014 Motion to Strike package is highly suspect. Itdemonstrates that Atty Page 3 of6Judith Vaughanhas intentionally provided very concise yetmisleading informationinthe single FedExpackage I received January 20th, 2014. This attempt is anunderhanded, intentionally disingenuous instructionbordering maliciousness. It shows howunjust and Machiavelli-is! the system canbe whenmanipulating its ownrules on civilians that are not schooled in law. See Exhibit A 6. Atty Vaughanindicates that 'numerous' references to 14 C.F.Rpart l3were provided overthe course oftime corresponding with my attorney Mr. Reigel, to which I trusted my 'then' attorney to advise me, since these 'numerous references' were all providedwhile I had counsel representing me. There was NO documentation, instructions, Exhibits, attachments indicating any response instruction or compliance other than a called out notice under the Atty Vaughan's signature onthe last page in the January 201h, 2014 package. 7. The package I received January 201 h, 2014 had ONLY ONE explicit instruction expressly indicated under Atty Vaughan's signature onthe last page ofthe documents in the package. See Exhibit A.

By: .**;·~·** JLidith L, Vauglwn. Attorney Exhibit A:

Please :'11ote Pursuant to Title 14 CFR**~** l3.209(a), you are required to tlle a \\Titten 2nswer to this Complaint. or a written motion to Dismiss ifappropriate, not later than thirty (30) days after the date shmm on the Certificate ofService which is attached to this document! 8. While digesting the contents ofAtty Vaughan's January 201h, 2014 FedExpackage, I understood Exhibit A to be the only indication as to when a response was due to be submitted. I, in good faith, started to review and address the motion as bestI could understanding I had 30 days from January l7'h, 2014 making February 16th 2014 the due date, which was a Sunday so I plannedto have itprepared and mailed to arrive EARLIER and to arrive bythe Friday BEFORE the due date. 9. My sole intention is to have my day in court to appeal the accusations before me. The matter ofuntimeliness is not due to my ignoring the correspondence. Itis due to the fact my original attorney didnottake my instructions to taskand did not advise me ofany noncompliance inthe timeline. I incorrectly assumed he did what I instructedhimto do. 10. The Agency's accounting ofwhattranspired betweenme and my attorney is blatant speculation and is not viable as fact. This fiction cannotjustbe scribed into existence. Page 4 of611. The Agency cannot detail my intentions. 12. The Agency cannot detail my actions 13. The Agency cannot detail my understanding ofmy attorney's direction to me. 14. I had instructed my original counsel to file the appeal and was nottold thatNovember 22nd, 2013 was non-compliant, and infact I understood itto be within the time allowed to respond per my attorney. 15. Itwas understood that ONLY AFTERhe submitted the appeal, could I better decide the most efficient, cost feasible way to engage legal representation DEPENDING onthe location ofthe hearing once determined. 16. I at no time ever said I would be filing an appeal personally. It was my explicit instruction to my attorney to submit the appeal. 17. Itmakes absolutely no sense whatsoeverto have hadhired an attorney, work all the way 

### thru all the options up to an appeal and then, having already agreed for such services, to not have said attorney do exactly what I hadrequested when I am a.) Not an attorney, b.) Have absolutely no ideaHOW to create and submit an appeal and c.) Have not read every single letter ofevery single document and exhibit filed by the agency BECAUSE I HAD HIRED LEGAL COUNSEL to do all that for me, and lastly, d.) I expected that my request to appeal had been completed to successfully getto the next natural, rational point ofdecision as to howto proceed with the appeal and still be monetarily feasible. 18. The repeated assumption statements filed by the Agency do not reflect what happened betweenme and my attorney Mr. Reigel and are completely incorrect in total. I followed all direction ofmy counsel and believed all actions were in compliance ofany rules. WHEREAS, For all the above reasons and for the reasons previously set forth inthe response to the Agency's Motion to Dismiss Late-filed appeal, I respectfully requestto move to dismiss both the Agency's Motionto Strike my response to the Agency's Motionto Dismiss Late-Filed Appeal andto dismiss the Agency's Motion to Dismiss Late-Filed Appeal. WHEREFORE, for all the above reasons, I again respectfully submit myrequest for extension to appeal be granted so I may rightfully have my day in court. Sincerely,

# /~z~ Mary E. Bochiardy ) 1450 SunsetPoint Road Clearwater, FL 33755 Page 5of6TEL: 386-214-0414

Page 6 of6