## SERVED JULY 10, 2012 · U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

In The Matter Of: ) ) ) ) ) DocketNo. FAA-2012-0198 RIAN C. SEEMAN Case No. 2010-S0-370103 Respondent

ORDER SETTING DEFAULT MOTIONDEADLINES AND
GRANTING/DENYING OTHERRELIEF
On June 18, 2012 an Order Granting Continuance, Setting Second CR 16 Litigation Scheduling Conference, and Granting/Denying OtherReliefwasJiled. Among otherthings, this Order set a Second CR 16 Conference onJuly 10,2012 and directed the parties to file theirjointRule 26(f) Proposed Scheduling/Discovery Plan onorbefore Friday, July 6, 2012. This June 18, 2012 Order also directed the

### prose Respondent, Rian C. Seeman, to immediately contactthe Office ofHearings andprovide a working telephone number ofrecord.
OnJuly 6, 2012, the parties failed to file ajointRule 26(f) Proposed Scheduling/Discovery Plan.
As oftoday's date, July 10, 2012,the Respondenthas failed to contactthe Office ofHearings and provide a working telephone number ofrecord.
OnJuly 10, 2012, the parties were contacted bythe Office ofHearings (OH) clerical staffto convene**bx.~telephone** for the Secon(:).Rule 16 Litigation**S~hS?"~~ing** Conference. The FAA appeared·and participated in the Conference. The·Respondent did notappear, and there was no explanation for**hi~** absence.
Priorto beginningthe July 10, 2012 CR 16 Conference, the Office ofHearings (OH) staffattempted three time to contact the Respondent, at two different telephone numbers. Atthe first telephone contact, someone answered the Respondent's telephone, butthis person hungup as soon as the Office ofHearings (OH) staffmemberbegan speaking. The OHstaffimmediately called the telephone number a second time, butno one answered the telephone, so the OH staffleft a detailed message onthe voice mail machine. For the third contact, the OH stafftried contacting theRespondent at an alternate number utilized by the FAA attorney, but again no one answered the telephone,
so the OH staffleft a detailed message onthat voice mail machine as well.
It is undisputed that a hearing inthis Matterhas not yet been scheduled. Page 1 of2The Respondent, Rian C. Seeman, has failed to appear for two CR 16 litigation Conferences without explanation. The Respondent has also failed to comply with the June 18,2012 Order, which directed him to participate in a CR 26(f) conference with the FAA attorney, to provide an working telephone number for contact, and to appear on July 10,2012 for the Second CR 16 Conference. Having reviewed the case file, all pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being fully advised; It Is Hereby Ordered: 1. Pursuant to 14 C.F.R. § 13.205, 14 C.P.R. § 13.209(f), 14 C.P.R. § 13.218, 14 C.F.R. § 13.224, and Civ. R. 55, the FAA may file a Motion to Deem Allegations Admitted and for Default Judgment on or before July 31, 2012. 2. Pursuant to Civ. R. 55, any FAA Motion to Deem Allegations Admitted and for Default Judgment should include some documentary evidence (affidavits, declarations, or other written document forms) that provide a proper factual basis for the amount of the proposed civil penalty. See, e.g., Steven**Baicker~McKee,** et.al, Federal Civil Rules Handbook, West Publishing (2011)(Rule 55: "all the**well~pleaded** facts in the complaint (except those relating to the amount of damages) are presumed true, but the moving party must prove

damages ... [H]owever, all reasonable inferences ... are drawn in the moving

party's favor" in default motions). 3. Pursuant to 14 C.P.R.§ 13.218 and Civ. R. 55, the Respondent shall serve a written Answer (if any) to the FAA Motion within twenty (20) days·-after the Motion is served. The Respondent's Answer should also include a specific explanation for the Respondent's**non~compliance** with the Orders issued and filed in this matter, as well as the reasons for the Respondent's non-appearances at the two scheduled Rule 16 Litigation Scheduling Conferences. 4. Upon expiration of the parties' due dates for filing and serving Motion and Answer, a further Order will issue. Attachment: Service List Page 2 of2**,,~\** ...... '\ .. ...,

### SERVICELIST- BY U.S. MAIL
ORIGINAL & 

### ONE COPY

Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430, Wilbur Wright Building-Suite2W1000 1

Rian C. Seeman, Respondent 12433 Pineneedle Drive Indianapolis, IN 46236-3160 TEL: 317-657-8965 

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Rashawn Rich George, Complainant's Counsel Office ofthe Regional Counsel, ASO-7 Southern Region Federal Aviation Administration P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223
The Honorable J.E. Sullivan,AdministrativeLawJudge Office ofHearings, M,.20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMS NO. FAA-2012-0198 (Civil Penalty Action)

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1 Service was byU.S. Mail. For service in person orbyexpedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.