U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON,D. C. 

# RECEIVED JUN 2 12013 

## HEARING DOCKET
IN THE MA TIER OF: DOCKETNO. FAA-2012-0910 CLELIAAYALA FAA CASENO. 2010S0290061 Respondent Judge J.E. Sullivan

COMPLAINANT'S (ADMINISTRATOR'S) RESPONSE TO RESPONDENT'S ORAL MOTIONFORNON-DISCLOSURE OF THE ENTIRE RECORD
Pursuant to Judge Sullivan's Order Setting Motion Deadlines Regarding Respondent's Motion for Non-Disclosure and Granting/Denying Other Relief, the Complainanthereby files the following response: 1. On June 11, 2013, the Respondent orally moved to seal the record in the abovereferenced case based on the following grounds: (1) her address is online for people to see; (2) her friends can see the record online; and (3) the publication ofthe record mayimpacther ability to secure ajob. 2. 14 C.F.R. §13.226(b) authorizes the administrative lawjudgeto withhold information inthe record if, based on a motion and response thereto, the administrative lawjudge determines that (1) disclosure would be detrimental to aviation safety, (2) disclosure would not be in the public interest, or that (3) the information is not otherwise required to be made available to the public. 3. In the instant case, the Complainant does not object to redacting information that would be an unwarranted invasion ofpersonal privacy, including the Respondent'saddress, telephone number, and/or email. 

### See In the Matter of Husky Corp., FAA DocketNo. CP07S00017, DMS No. FAA-2007-0120 (June 9, 2008) (Administrative Law Judge Finding that disclosure of certain exhibits would be an unwarranted invasion ofpersonal privacy and/or reveal a trade secret or privileged or confidential commercial or financial information.) 4. However, as to the remaining portions of the record (i.e., complaint, transcript, orders, names ofthe parties, etc.), the Complainant objects to sealing those portions from the record. 5. The Complainant's objection is based onthe reasons the Respondent has submitted in support ofher motion; those reasons do notmeet the criteriarequired under 14 C.F.R. §13.226(b) so as tojustify sealing the entirerecord. 6. The Respondent has not shown how disclosure of the entire record would be detrimental to aviation safety or not be in the public interest. Rather, the Respondent's arguments are based on her own personal interests- her friends having knowledge ofthe proceedings and her abilityto secure ajob. 7. The Respondent has not shown that the remaining portions of the record are not otherwise required to be made available to the public (with the exception of the information referenced in paragraph 4, above). In other words, the Complainant has not shown that statutory exemptions prevent the disclosure of the complaint, transcript, orders, names ofthe parties, etc. 8. To the contrary, the disclosure of the complaint, transcript, orders, names of the parties, etc., is in the public interestin that publication ofthe proceedings serves as a
an educational tool and a deterrent to the general public. Specifically, the Federal

2Aviation Regulations prescribe rules addressing passenger behavior on commercial aircraft, these rules arise from public policy that fosters aviation safety, and the failure to abide by the those regulations may result in the imposition of a civil penalty. 9. As a result, the Complainant has not met her burden to show that sealing or nondisclosure ofthe entirerecord is warranted, and thus the Complainant's motion to seal the entirerecord (with exception ofthe informationreferenced inparagraph 3, above) mustbe denied. Respectfully submittedthis Jl..!:'dayof 

# ¢Wi1.2-: , 2013. 

# \JJ{ 

# Jvvv/ WillklllVines Counsel for Complainant Office oftheRegional Counsel, AS0-7 FAA P.O. Box20636 Atlanta, Georgia 30320 TEL: 404-305-5200

3CERTIFICATE OF SERVICE 

### I hereby certifY that the foregoing Notice of Settlement was sent by certified mail, facsimile, and/or email as follows:
The Honorable J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200New Jersey Avenue, SE (Ell-310) Washington, DC 20590 Facsimile: (202) 366-7536 CleliaAyala 11175 Georgia Avenue Apt. 603 Wheaton, MD 20902 Email: ayalaclelia@gmail.com 

### ,//IN 1 4 20i3 (by certified
______ _/ (by facsimile 

### ,)IJN 1

### 3 2013 )

(email only 

### JUN 1

### 3 2013 )

Federal Aviation Administration (by certified mail only 800 Independence Avenue, S.W. Washington, D.C. 20591 Attention: Hearing Docket Clerk, AGC-430 WilburWright Building- Suite 2Wl000 

# LOCM m1'fl

# ~OnJ Donna Stanley \ Legal Assistant Office ofthe Regional Counsel 

### JUN 1

## 3 2013 Dated



### 4