U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION. R El\/ED 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

SEP 1 6 2015 

HEARING DOCKET 

VS. 

CHERIF DIALLO, 

Respondent. 

Docket No. FAA-2014-0544 

FAA Case No. 2014S0290047 

Judge Sullivan 

MOTION TO FOR JUDGMENT ON THE PLEADINGS AND 

REQUEST TO HOLD PROPOSED SCHEDULINGIDISCOVERY PLAN IN ABEYANCE 

Pursuant to 14 C.P.R. §§ 13.209, 218, the FAA moves to deem admitted the allegations 

in the Amended Complaint, and for judgment on the pleadings. Respondent has failed to file an 

Answer and, accordingly, the allegations in the Amended Complaint shall be deemed admitted. 

The allegations in the Complaint are sufficient to demonstrate a regulatory violation and the 

appropriateness of the sanction. Therefore, judgment on the pleadings is appropriate. 

Additionally, without an Answer, the FAA is unable to meaningfully prepare a joint written 

proposed scheduling/discovery plan for the scheduling conference on September 24, 2015. 

STATEMENT OF THE CASE 

On July 10,2014, the FAA issued a Final Notice of Proposed Civil Penalty (now the 

Complaint), which proposed a penalty of$5,000. Respondent timely appealed, and the 

Complaint was filed on September 9, 2014. On February 4, 2015, the FAA issued an Amended 

Complaint for proposed penalty of $4,400. In the Amended Complaint, the FAA alleged as 

follows: 
1. On or about February 2, 2014, you were a passenger aboard Spirit Airlines 

Flight # 316 traveling from Wayne County International Airport, Detroit, 

Michigan (KDTW) to La Guardia International Airport, New York, New York 

(KLGA). 

2. During taxiing of the above flight, a crewmember gave a safety demonstration 

and exit row briefing to passengers. 

3. Your seat was located in an designated exit row. 

4. During the above instructions, a crewmember instructed you to talk quietly as you 

were speaking loudly and interrupting the presentation. 

5. Y au refused to lower your voice and the crewmember then informed you that you 

would have to be reseated. 

6. You refused again to lower your voice and refused to be reseated. 

7. You then engaged in an altercation with a crewmember by raising your voice and 

arguing with the crewmember. 

8. As a result of your noncompliant behavior, a crewmember contacted the pilot and 

the pilots 'pre-takeoff duties were interrupted. 

9. As a result of your above noncompliant behavior, the aircraft was returned to the 

gate so that you could be removedfrom the plane. 

10. At the gate, you became more argumentative with crewmembers and refused to 

depart the aircraft. 

11. Law enforcement officers were called and you still refused to deplane the aircraft. 

12. The law enforcement officers then had to forcibly remove you from the aircrqft 

with handcuffs and subsequently tasered you to remove you from the jet bridge. 

13. Each ofyour above actions identified in paragraphs 5-12 were threatening or 

intimidating, and interfered with a crewmember in the performance of the 

crewmember's duties. 

14. As a result of the foregoing, you violated Section 121.580 of the Federal Aviation 

Regulations in that no person may assault, threaten, intimidate, or interfere with 

a crewmember in the performance of the crewmember 's duties aboard an aircraft 

being operated. 
Under 49 US. C. Sections 46301 (a)-( d), you are subject to a civil penalty not to exceed $1,100 

for each of the violations noted. By reason of the foregoingfacts and circumstances, we propose 

to assess a civil penalty in the amount of $4,400. 

See Amended Complaint at Exhibit I. 

To date, the Respondent has failed to file an Answer to the Complaint or Amended Complaint. 

ARGUMENT 

Respondent has failed to file an Answer in this case to the Complaint and the Amended 

Complaint. Therefore, each of the allegations in the Amended Complaint should be deemed 

admitted. The allegations in the Complaint include the facts of Respondent's conduct that this 

conduct violated §121.580 of the Federal Aviation Regulations and that $4,400 is an appropriate 

civil penalty under the facts and circumstances of this case. Accordingly, judgment on the 

pleadings is appropriate. 

Section 13.209(a) of Title 14 of the Code of Federal Regulations provides that the 

Respondent must file an Answer within 30 days of the date of service of the Complaint. 

Pursuant to § 13.209(f), a Respondent's failure to file an Answer shall be deemed an admission 

of the allegations in the Complaint. 

In the instant matter, Respondent has not only failed to file an Answer within 30 days of 

the date of service of the Amended Complaint, but has not filed one at all. The Amended 

Complaint was served on February 4, 2015 via regular and certified mail. The Amended 

Complaint included a notice to Respondent (set out under its own bold, underlined, all capitals 

topic heading) that Respondent was required to Answer within 30 days after the date shown on 

the Certificate of Service. See Amended Complaint at I. The regular mail was not returned to 

the FAA. A notice for the certified mail copy of the Amended Complaint was left for by 

Respondent on February 7, 2015. The USPS subsequently returned the certified copy as 
"unclaimed" on March 30, 2015. See Exhibit 2. Respondent was required to file his Answer 

within thirty days of the date of service, see 14 C.P.R. § 13.209(a)- in this case, on or before 

March 10,2015. 

Therefore, pursuant to 14 C.P.R. § 13.209(f), the Judge should deem admitted the 

allegations in the Complaint. Because these allegations establish that Respondent violated 

Federal Aviation Regulations and that the sanction requested is appropriate, there are no matters 

left to try at hearing, and judgment on the pleadings is appropriate. 

Additionally, Respondent's failure to file an Answer has left the FAA without knowledge 

of the issues in dispute in the case, and unable to devise a proposed schedule for this litigation. 

The Agency has made multiple attempts to contact the Respondent and resolve this matter. On 

December 22, 2014, the FAA sent a letter to the Respondent requesting financial information to 

support his asserted inability to pay. See Exhibit 3. The Respondent provided the documentation 

in March 2015 and the parties verbally reached a settlement agreement on or about March 26, 

2015. The Agency then mailed the Respondent a copy of the promissory note to memorialize the 

terms and execute the settlement. See Exhibit 4. However, the Respondent has failed to contact 

the FAA or sign the promissory note to settle this matter. Since April2015, the FAA has made 

subsequent attempts to contact the Respondent with the most recent unsuccessful attempt on 

September 14, 2015 at lpm EST via his home telephone number: (347) 664-8774. As such, the 

FAA also requests that its requirement to submit a proposed scheduling/discovery plan be held 

in abeyance pending the Judge's decision on this motion. 

CONCLUSION 

The allegations in the Amended Complaint are due to be deemed admitted as a result of 

Respondent's failure to file an Answer. The allegations in the Complaint establish that 
Respondent's violations and the appropriateness of the sanction requested. Accordingly, the 

FAA is entitled to judgment on the pleadings. 

WHEREFORE, the FAA respectfully requests that the Judge deem admitted the 

allegations in the Complaint, and grant the FAA judgment on the pleadings. 

Respectfully submitted this 15'/h day of SeptembQer,,_ 2~015.} 

! J_ J • 

\~/ EESHA D. MARSHA L I {)foa {!--

Attorney 

Office of the Regional Counsel 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Motion for Judgment on the Pleadings has been sent 

via federal express this date by the following methods: 

original and one copy: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Attention:Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

Washington, D.C. 20591 

one copy: 

Honorable Judge J.E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

Cherif Diallo 

263 W. 153rd St. 

Apt. 6D 

New York, NY 10039 

Kimberly Hobbs 

Administrative Officer and Program Analyst 

Office of the Regional Counsel 

~SEP 1 5 2015 

Dated 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

CHERIF DIALLO 

Respondent. 

FAA Docket No. faa-2014-0544 

Judge J.E. Sullivan 

AMENDED COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Amended Complaint 

issued September 9, 2014, pursuant to Rule 214(b)(l) of the Rules of Practice (14 C.F.R. 

§13.214(b)(l), and states as follows: 

I. 

On July 10,2014, Respondent, CherifDiallo was advised through a Final Notice of Proposed 

Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $5,000. On 

September 8, 2014, the Agency Attorney received a written request for a hearing from the 

respondent. 

II. 

1. On or about February 2, 2014, you were a passenger aboard Spirit Airlines Flight 

# 316 traveling from Wayne County International Airport, Detroit, Michigan (KDTW) to La 

Guardia International Airport, New York, New York (KLGA). 

2. During taxiing ofthe above flight, a crewmember gave a safety demonstration 

and exit row briefing to passengers. 

3. Your seat was located in an designated exit row. 

4. During the above instructions, a crewmember instructed you to talk quietly as you 

were speaking loudly and interrupting the presentation. 

i!i GOVERNMENT 

~ EilBIT ~ 

, _ __.:'----
5. You refused to lower your voice and the crewrnember then informed you that you 

would have to be resealed. 

6. You refused again to lower your voice and refused to be resealed. 

7. You then engaged in an altercation with a crewmember by raising your voice and 

arguing with the crewmember. 

8. As a result of your noncompliant behavior, a crewmember contacted the pilot and 

the pilots' pre-takeoff duties were interrupted. 

9. As a result of your above noncompliant behavior, the aircraft was returned to the 

gate so that you could be removed from the plane. 

I 0. At the gate, you became more argumentative with crewrnembers and refused to 

depart the aircraft. 

II. Law enforcement officers were called and you still refused to deplane the aircraft. 

12. The law enforcement officers then had to forcibly remove you from the aircraft 

with handcuffs and subsequently tasered you to remove you from the jet bridge. 

13. Each of your above actions identified in paragraphs 5-12 were threatening or 

intimidating, and interfered with a crewrnember in the performance of the crewrnember' s duties. 

III. 

I. By reason of the foregoing facts and circumstances, you violated Section 121.580 of 

the Federal Aviation Regulations in that no person may assault, threaten, intimidate, or interfere 

with a crewmember in the performance of the crewmember' s duties aboard an aircraft being 

operated. 

2. Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subject to a civil 

penalty not to exceed $1, I 00 for each of the violations alleged. 

3. Under the facts and circumstances of this case, a civil penalty of$4,400 is 

appropriate. 
WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $4,400. 

Respectfully submitted this~ day of February, 2015. 

~AD.MARSHALL 

~'>~~ 

Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 
I hereby certify that a copy of the foregoing Amended Complaint has been mailed this date by 

Certified Mail, Return Receipt Requested, to the following: 

CERTIFICATE OF SERVICE 

original and one copy via certified mail: 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

Washington, D.C. 20591 

one copy via certified mail and facsimile: 

Honorable Judge J.E. Sullivan 

Office of Hearings, M-20 

V.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-31 0) 

Washington, DC 20590 

FAX (202) 366-7536 

via certified and regular mail: 

Cherif DialJo 

263 W. 153'd St. 

Apt. 6D 

New York, NY 10039 

4~~!:&~8~ 

Program Analyst 

Dated 

FEB 4 2015 

i! 

![ 

~ 

0 

~ ~ 

• 

~ 

~ 

0 

0 

• 

<I> 

m:o m 

, fi.g ~ 

Qs 

~~ u 3! ~§ 0 ~~ ~:0 0 

lf: :0~ g ~~ " 0 0 a • ~~ ;t;p ~ E • 0 .&o 0 -o 

.. -
~RDELs 800-713-0399 

1:) 

0 

~~ -z .!!!=: 

-lm 

z 

-1 

U.S. DEPARTMENT OF TRANSR ON 

FEDERAL AVIATION ADMIN I ATION 

SOUTHERN REGIONAL OFFICE) A 0-7 

1701 COLUMBIAAVENUE I 

ATLANTA, GA 30337 . C& -< 

OFFICIAL MAIL 

------

... 

·-

... -·--·---~--

----

7014 1200 0001 5134 9567 

·d 

. "' • ~ :I: 

HtW.HlllUI 

Cherif Diallo 

263 W. !53'd St. 

Apt. 6D 

New York, NY 10039 

3-J--

p • • l~Cl<" J ~ ~ l\·'

I ---··

i 

' 

l MAR 3 0 

L __ ---

FAA. Rf/J!O~L-,~ 

SOUTHERN ic

1 l I!P I Ill "II ! l !t)! II ! I 11 ! 'I ' ! I ill! ]!i lj .J. ii!!! Jll L I i'! II!: p J l! li !l'! ll!J; !111"1' !!' :::ul 1 l ' 1/ ' !!! : I! " : : : ! !. I•: 
USPS.com®- USPS TrackingiD 

English Customer Service USPS Mobile 

iliUSPS.COM 

USPS Tracking® 

Tracking Number. 70141200000151349567 

Product & Tracking Information 

Postal Product: 

DATE & TIME 

February 7, 2015,5:03 pm 

February 7, 2015 , 3:08am 

February 6, 2015 , 10:24 am 

February 5, 2015 , 2:39am 

February 4, 2015 , 10:50 pm 

Features: 

Certified Mailm 

STATUS OF ITEM 

Notice Left (No Authorized 

Recipient A vai!ab!e) 

Departed USPS Facmty 

Arrived at USPS Facility 

Departed USPS Facility 

Arrived at USPS Facility 

Track Another Package 

Tracking (or receipt) number 

HELPFUL LINKS ON ABOUT.USPS.COM 

Contact Us About USPS Home 

Site Index Newsroom 

FAQs USPS Service Updates 

Forms & Publications 

Government Services 

Careers 

Copyright© 2015 USPS. All Rights Reserved. 

LOCATION 

NEW YORK, NY 10039 

NEW YORK, NY 10199 

NEWYORK, NY 10199 

NORTH METRO, GA 30026 

NORTH METRO, GA 30026 

Track It 

OTHER USPS SITES 

Business Customer Gateway 

Pasta/Inspectors 

Inspector General 

Postal Explorer 

National Postal Museum 

Resources for Developers 

Register I Sign In 

Customer Service' 

Have questions? We're here to help. 

Get Easy Tracking Updates> 

Sign up for My USPS. 

Available Actions 

Manage Incoming Packages 

Track all your packages tram a dashboard. 

No tracking numbers necessary. 

Sign up for My USPS) 

LEGAL INFORMATION 

Privacy Policy 

Terms of Use 

FOIA 

No FEAR Act EEO Data 

https :1 /tools. usps. com/goff rackC onfi rmActi on _i nput?j son=true&qtc _ tLabels 1 = 70141200000151349567 &sC heckedlabel C aunt= 1 &qtc _ senddate 1 = 02%2F 04 %2F. . . 1/2 
U.S. Department Southern Region 

of Transportation Office of the Regional Counsel 

Federal Aviation 

Administration 

December 22, 2014 

VIA FEDERAL EXPRESS ONLY 

CherifDiallo 

263 W. 153'd St. 

Apt. 6D 

New York, NY 10039 

Re: Case no. 2014S0290047 

Dear Mr. Diallo: 

OFILE 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

( 404) 305-5223 FAX 

Per our conversation on Monday, December 22, 2014, regarding your above case. you have 

stated that you state that you are financially unable to pay the proposed civil penalty of $5000. I 

am considering making a settlement offer below the $5000 figure, but I cannot do this without 

knowing more about the circumstances of your asserted inability to pay the penalty. 

Therefore, if you will furnish me with additional financial information as proof of your inability 

to pay, I will review it to see if a settlement offer can be made. For your convenience in doing 

this, I have enclosed a "DOJ 50" form should you choose to use it. In addition, please provide 

copies of your tax returns for the last two years. Be sure to attach any other documents you 

would like me to consider. 

As we discussed, I have also included the releasable pmiions of the above case. 

If you choose to submit the requested inforn1ation, please do so as soon as possible. If you 

any questions, please call me at 404-305-5200. Thank you. 

Best Regards, 

Attorney 

Office of the Regional Counsel 

Enclosures 
U.S. Department 

ofT ransportation 

Federal Aviation 

Administration 

December 22, 2014 

Cherif Diallo 

263 W. 153'd St. 

Apt. 6D 

New York, NY I 

Re: Case no. 

Dear Mr. Dial!o: 

Per our conversation 

stated that you .state 

am considering m=,,u~ 

knowing more about 

Therefore, if you will 

to pay. I will review it · 

this, I have enclosed a · 

copies of your tax retu1 

would like me to consid, 

As we discussed, I have 

If you choose to submit 

any questions, please cal 

Best Regards, 

Attorney 

Office of the Regional Co! 

Enclosures 

->·. 

Southern Region 

Office of the Regional Counsel 

uFILE 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-S200 

(404) 305-5223 FAX 

::J-:Ull AND RETALN THIS COPY BEFORE AFFLXING TO THE PACKAGE. NO POUCH NEED EO. 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

J 

I 

I 

I 

I') 

ol 

Ulj 

<(I 

~J ~) 

,_, 

0 

I' 

rl 

[] 

I 

I 

I 

I 

-1 

-1 

§I 

«t 

I 

I 

I 

1'-

01 

1'-

0 

0 

1'-

10 

... 

.... 

0 
/ 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

-MAR 2 6 2015 

VIA FEDERAL EXPRESS 

Cherif Diallo 

263 W. l53'ct St. 

Apt. 6D 

New York, NY 10039 

Dear Mr. Diallo: 

Southern Region 

Office of the Regional Counsel 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

( 404) 305-5223 FAX 

20 14S029004 7 

Pursuant to our discussion, enclosed is a Promissory Note in a principal amount of $200.00 payable 

over eight (8) months. To effect settlement of this case, you must sign the Promissory Note before a 

Notary Public and return the original signed note to this office so that it is received by us on or 

before Wednesday, AprilS, 2015. Please note that interest charges and administrative costs are not 

assessed unless you fail to comply with the terms of our agreement. 

I look forward to receiving the signed Promissory Note confirming our settlement. If you have any 

questions, please call me. Once I receive the signed Promissory Note I will issue an Amended 

Order Assessing Civil Penalty requiring payments in accordance with the note. 

Thank you for your cooperation in this matter. 

Sincerely, 

ey 

Office of the Regional Counsel 

Taneesha.marshall@faa.gov 

Enclosure 

Government 

\'l Exhibit 

\ 4 1---
./ 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

MAR 2 6 2015 

VIA FEDERAL EXPRES, 

Cherif Diallo 

263 W. 153'ct St. 

Apt. 6D 

NewYork,NY 10039 

Dear Mr. Diallo: 

Pursuant to our discussion, • 

over eight (8) months. To e 

Notary Public and return th 

before Wednesday, AprilS. 

assessed unless you fail to cc 

I look forward to receiving t 

questions, please call me. 

Order Assessing Civil Penalt 

Thank you for your cooperat1 

Sincerely, 

Atto ey 

Office of the Regional Coun: ~ 

T aneesha. marshall@faa. gov j 

Enclosure ~ 

~ 

• 

Southern Region 

Office of the Regional Counsel 

[ 

~ 

• 

il. 

< 

.. 

.. 

0 

... 

... 

m 

~ m 

~ (J 

D 

i 

;;; 

"' 

[] 

N 

~cf 

·= 

t~ ~~ 

·= 

~!!. 

~I:D 

~= g 5" 

';j-ccz 

il·::a 

m'~ 

; 

= 

0 

m 

D 

0 

n 

0 

r 

r 

tTl 

"' 

tT1 

-u 

J> 

;ll 

;;: 

~ 

0 

J> 

"' 

~ 

w 

8 

w 

'-! 

I 

1\) 

'-! 

.... 

-!'> 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

(404) 305-5223 FAX 

~ b' 

3 

~ ~ 

~ ~ 

-" 1> 

0 l> 

>-' 

1> 

() (fl 

0 0 

r 

c ~, 

@ 

H 

J> 

J> 

< 

m 

-I" 

0 

-I" 

w 

0 

iJ1 

~ 

' 

I 

I 

iJ1 

1\) 

0 

0 

... 

a-

'.) 

(t 

I 

..0 

..0 

.... 

-!> 

I 

aC::::-u 

Cr.li'; 

hi;'; 

-z"' 

3-<ll 

~ 

'" 

If~ 

():> 

c:J 

..,.J 

tn 

..,.J 

cr 

c:J 

...D 

...D 

tn 

~ 

tn 

~