In the Matter of: 

CHERIF DIALLO 

Respondent 

SERVED: OCTOBER 19, 2015 

U.S.·DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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Docket No. FAA-2014-0544 

Case No. 2014S0290047 

ORDER GRANTING 

THE FAA'S REQUEST TO SUPPLEMENT 

On February 4, 2015, the FAA filed an Amended Complaint, alleging that on or about 

February 2, 2014, the prose Respondent, Mr. CherifDiallo, violated 14 C.P.R.§ 121.580 by 

threatening, intimidating, and/or interfering with a crewmember in the performance of the 

crewmember's duties. The FAA proposed a civil penalty of$4,400. 

On July 30, 2015, an Order Setting a Rule 16 Litigation Scheduling Conference, and 

Directing the Parties to Confer and File a Rule 26(f) Proposed Discovery Plan was filed. Among 

other things, this Order directed the parties to confer and to file, on or before September 17, 

2015, a proposed scheduling/discovery plan. 

On September 16,2015, the FAA filed its Motion to [sic] for Judgment on the Pleadings 

and Request to Hold Proposed Scheduling/Discovery Plan in Abeyance ("Motion"). As part of 

this Motion, the FAA asserted that the pro se Respondent had abandoned the case action. 

On September 17,2015 the parties did not jointly file a Rule 26(f) Proposed Discovery 

Plan. 

On September 24, 2015, at 1 :30 p.m. Eastern time, the FAA appeared by telephone for 

the scheduled Rule 16 Litigation Scheduling Conference. The prose Respondent did not appear, 

and there was no explanation for his absence. During this Conference, the FAA orally renewed 

its Motion for Judgment on the Pleadings, and offered to file some supplemental material in 
support of the Motion. The FAA was orally provided a deadline of October 2, 2105 to file any 

supplemental materials. 

On October 1, 2015 the FAA filed Complainant's Request to Supplement Motion for 

Judgment on the Pleadings ("Request"). Included in this Request was a one-page Declaration 

Pursuant to Title 28 U.S.C. § 1746, marked as Exhibit 5. 

As oftoday's date, October 19,2015, the prose Respondent has failed to file a Response 

or Objection to the FAA's Request to Supplement the Motion. 

Having reviewed the case file, all relevant caselaw, statutes, regulations, rules, and 

authority, and being fully advised: 

IT IS HEREBY ORDERED: 

1. The FAA's October 1, 2015 Request to Supplement its September 16, 2015 Motion for 

Judgment on the Pleadings is granted. 

2. The FAA's one-page Declaration Pursuant to Title 28 U.S.C. § 1746, marked as Exhibit 

5, is accepted for consideration as part of the FAA's September 16, 2015 Motion. 

3. The FAA's September 16,2015 Motion will be addressed by separate Order. 

Attachment: Service List 

Page 2 of4 
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 

Ms. Taneesha D. Marshall 

Complainant's Counsel 

Office of the Regional Counsel, AS0-7 

ONE COPY 

Federal Aviation Administration, Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

TEL: 404-305-5200 

FAX: 404-305-5223 

Mr. CherifDiallo 

Respondent · 

263 W 153rd St. 

Apt. 6D 

New York, NY 10039 · 

TEL: 347-664-8774 

Judge J.E. Sullivan 

U.S. 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: 202-366-6941 

FAX: 202-366-7536 

Docket No. FAA-2014-0544 

(Civil Penalty Action) 

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.