Inthe Matter of: CHERIF DIALLO Respondent 

### SERVED: OCTOBER 19, 2015 

## U.S.·DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ) ) 

### ) ) ) DocketNo. FAA-2014-0544 Case No. 2014S0290047



### ORDER GRANTING THE FAA'S REQUEST TO SUPPLEMENT

OnFebruary 4, 2015, the FAA filed an Amended Complaint, alleging that on orabout 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 ofthe 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 DiscoveryPlanwas filed. Among otherthings, this Order directed the parties to confer and to file, onorbefore September 17, 2015, a proposed scheduling/discovery plan. On September 16,2015,the FAA filed its Motionto [sic] for Judgment onthe Pleadings and Request to Hold Proposed Scheduling/Discovery Plan in Abeyance ("Motion"). As part of this Motion, the FAA asserted thatthe

### pro se Respondent 

### had abandoned the case action. On September 17,2015 the parties did notjointly file a Rule 26(f) Proposed Discovery Plan. On September 24, 2015, at 1:30 p.m. Eastern time, the FAA appeared bytelephone for the scheduled Rule 16 Litigation Scheduling Conference. The

### prose Respondent did not appear, andthere was no explanation for his absence. Duringthis Conference, the FAA orally renewed its Motion for Judgment onthe Pleadings, and offered to file some supplemental material in

### support ofthe Motion. The FAA was orally provided adeadline ofOctober 2, 2105 to file any supplemental materials. On October 1, 2015 the FAA filed Complainant's Request to SupplementMotionfor 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, theprose 

### Respondent has 

### failed to file a Response or Objection to the FAA's Request to Supplementthe 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 Requestto Supplementits 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 ofthe 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

### 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-Suite 2W10001

Ms. TaneeshaD. Marshall Complainant's Counsel Office ofthe Regional Counsel, AS0-7 

### ONE COPY

Federal Aviation Administration, Southern Region 1701 ColumbiaAvenue 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. AdministrativeLawJudge

· Office ofHearings, M-20

U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2014-0544 (Civil Penalty Action)

1 Service wasbyU.S. Mail. For service in person orby 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.