SERVED JULY 10, 2012 · 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In The Matter Of: ) 

) 

) 

) 

) 

Docket No. FAA-2012-0198 

RIAN C. SEEMAN 

Case No. 2010-S0-370103 

Respondent 

ORDER SETTING DEFAULT MOTION DEADLINES AND 

GRANTING/DENYING OTHER RELIEF 

On June 18, 2012 an Order Granting Continuance, Setting Second CR 16 

Litigation Scheduling Conference, and Granting/Denying Other Relief wasJiled. Among 

other things, this Order set a Second CR 16 Conference on July 10,2012 and directed the 

parties to file their joint Rule 26(f) Proposed Scheduling/Discovery Plan on or before 

Friday, July 6, 2012. This June 18, 2012 Order also directed the prose Respondent, Rian 

C. Seeman, to immediately contact the Office of Hearings and provide a working 

telephone number of record. 

On July 6, 2012, the parties failed to file a joint Rule 26(f) Proposed 

Scheduling/Discovery Plan. 

As oftoday's date, July 10, 2012,the Respondent has failed to contact the Office 

of Hearings and provide a working telephone number of record. 

On July 10, 2012, the parties were contacted by the Office of Hearings (OH) 

clerical staff to convene bx.~telephone for the Secon(:).Rule 16 Litigation S~hS?"~~ing 

Conference. The FAA appeared· and participated in the Conference. The·Respondent did 

not appear, and there was no explanation for hi~ absence. 

Prior to beginning the July 10, 2012 CR 16 Conference, the Office of Hearings 

(OH) staff attempted three time to contact the Respondent, at two different telephone 

numbers. At the first telephone contact, someone answered the Respondent's telephone, 

but this person hung up as soon as the Office of Hearings (OH) staff member began 

speaking. The OH staff immediately called the telephone number a second time, but no 

one answered the telephone, so the OH staff left a detailed message on the voice mail 

machine. For the third contact, the OH staff tried contacting the Respondent at an 

alternate number utilized by the FAA attorney, but again no one answered the telephone, 

so the OH staff left a detailed message on that voice mail machine as well. 

It is undisputed that a hearing in this Matter has not yet been scheduled. 

Page 1 of2 
The 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 

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SERVICE LIST- 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-Suite 2W1 0001 

Rian C. Seeman, Respondent 

12433 Pineneedle Drive 

Indianapolis, IN 46236-3160 

TEL: 317-657-8965 

ONE COPY 

Rashawn Rich George, Complainant's Counsel 

Office of the 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, Administrative Law Judge 

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 

FDMS NO. FAA-2012-0198 

(Civil Penalty Action) 

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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 2Wl000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.