TO: Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000(1) 

RECEIVED 

MAR 0 5 2014 

HEARING DOCKET 

ATTENTION: HEARING DOCKET CLERK 

Re: In the Matter of Mary E. Bochiardy 

Docket No. 20 11EA170066 

Enclosed herein please fmd a copy of the Motion to 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 of Service 

I hereby certify that on this 251

h day of February, 2014 copies of the foregoing Motion to 

Dismiss the Agency's Motion to Strike Respondents Response to Agency's Motion to 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 2W1 000(1) 

Judith L. Vaughan 

Office of the Regional Counsel, Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3255 

FAX: 718-995-5699 

Hon. J.E. Sullivan 

Office of Hearings, M -20 

U.S. Department of Transportation 

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 

\ 
MARY E. BOCHIARDY 

REPRESENTING SELF 

1450 SUNSET POINT ROAD 

CLEARWATER, FLORIDA 33755 

In the Matter of Mary E. 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 am representing myself, move to dismiss the Agency's 

Motion to Strike my response to the Agency's Motion to Dismiss Late-Filed Appeal. 

I must remind the court that my situation is that I was made to understand based on my intention 

and instruction to my counsel that I should already have acknowledgement of a submitted 

Appeal and that my instruction was within the time constraints to do so as indicated to me by 

said attorney. I now find myself unexpectedly unrepresented and at a severe disadvantage not 

fully understanding Federal Law or having representation with that special competency. I am in 

the process of engaging counsel. Until such time, 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. At no time did I plant my head in the ground or was non-reactionary. Not 

until December 241h. 2013, was I made aware of the severity and true status of my case 

and took immediate action to rectify. The details of which are in my 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 of Appearance, and the Motion to Dismiss Late-filed Appeal and lastly, 

the Complaint, with Certificate of Service indicating January l?'h, 2014. 

3. The package I received January 20th, 2014 did NOT include any documentation, 

instructions or rules detailing how to respond, nothing referring to any compliance for 

any CFR related response was included, yet A tty Vaughan has now included them in her 

Motion to Strike package received January 201

h, 2014 

4. This newest FedEx package I received February 241h, 2014 with Atty Vaughan's 

Agency's Motion to Strike did NOT include the Complaint, which was in the original 

January 20th, 2014 FedEx package. This is where Atty Vaughan made special note of 

how I was to respond. See Exhibit A 

5. The fact that Atty Vaughan omitted this instruction in any of her Exhibits in the current 

February 241

h, 2014 Motion to Strike package is highly suspect. It demonstrates that Atty 

Page 3 of6 
Judith Vaughan has intentionally provided very concise yet misleading information in the 

single FedEx package I received January 20th, 2014. This attempt is an underhanded, 

intentionally disingenuous instruction bordering maliciousness. It shows how unjust and 

Machiavelli-is! the system can be when manipulating its own rules on civilians that are 

not schooled in law. See Exhibit A 

6. Atty Vaughan indicates that 'numerous' references to 14 C.F.R part l3were provided 

over the course of time corresponding with my attorney Mr. Reigel, to which I trusted my 

'then' attorney to advise me, since these 'numerous references' were all provided while 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 on the last page in the January 201

h, 2014 

package. 

7. The package I received January 201

h, 2014 had ONLY ONE explicit instruction expressly 

indicated under Atty Vaughan's signature on the last page ofthe documents in the 

package. See Exhibit A. 

By: . ;·~· 

JLidith L, Vauglwn. 

Attorney 

Exhibit A: 

Please :'11 ote 

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 if appropriate, not later than thirty (30) days 

after the date shmm on the Certificate of Service which is attached to this document! 

8. While digesting the contents of Atty Vaughan's January 201

h, 2014 FedEx package, 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 best I could 

understanding I had 30 days from January l7'h, 2014 making February 16th 2014 the due 

date, which was a Sunday so I planned to have it prepared and mailed to arrive EARLIER 

and to arrive by the Friday BEFORE the due date. 

9. My sole intention is to have my day in court to appeal the accusations before me. The 

matter of untimeliness is not due to my ignoring the correspondence. It is due to the fact 

my original attorney did not take my instructions to task and did not advise me of any 

noncompliance in the timeline. I incorrectly assumed he did what I instructed him to do. 

10. The Agency's accounting of what transpired between me and my attorney is blatant 

speculation and is not viable as fact. This fiction cannot just be scribed into existence. 

Page 4 of6 
11. The Agency cannot detail my intentions. 

12. The Agency cannot detail my actions 

13. The Agency cannot detail my understanding of my attorney's direction to me. 

14. I had instructed my original counsel to file the appeal and was not told that November 

22nd, 2013 was non-compliant, and in fact I understood it to be within the time allowed to 

respond per my attorney. 

15. It was understood that ONLY AFTER he submitted the appeal, could I better decide the 

most efficient, cost feasible way to engage legal representation DEPENDING on the 

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. It makes absolutely no sense whatsoever to have had hired 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 had requested when I am a.) Not an attorney, b.) 

Have absolutely no idea HOW to create and submit an appeal and c.) Have not read every 

single letter of every 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 get to the next natural, rational 

point of decision as to how to proceed with the appeal and still be monetarily feasible. 

18. The repeated assumption statements filed by the Agency do not reflect what happened 

between me and my attorney Mr. Reigel and are completely incorrect in total. I followed 

all direction of my counsel and believed all actions were in compliance of any rules. 

WHEREAS, For all the above reasons and for the reasons previously set forth in the response to 

the Agency's Motion to Dismiss Late-filed appeal, I respectfully request to move to dismiss both 

the Agency's Motion to Strike my response to the Agency's Motion to Dismiss Late-Filed 

Appeal and to dismiss the Agency's Motion to Dismiss Late-Filed Appeal. 

WHEREFORE, for all the above reasons, I again respectfully submit my request for extension to 

appeal be granted so I may rightfully have my day in court. 

Sincerely, 

/~z~ Mary E. Bochiardy ) 

1450 Sunset Point Road 

Clearwater, FL 33755 

Page 5of6 
TEL: 386-214-0414 

Page 6 of6