In the Matter of: 

### SERVED: October22, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASIDNGTON, DC

DocketNo. FAA-2014-0544 CHERIF DIALLO ) ) ) ) ) Respondent Case No. 2014S0290047

ORDERSETTINGDEADLINE FOR THE RESPONDENT TO RESPOND AND SHOW CAUSE, AND RESERVING OTHERRELIEF 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"). On October 1, 2015 the FAA filed Complainant's Request to SupplementMotion for Judgment onthe Pleadings ("Request"). Included in this Request was a one-page Declaration Pursuantto Title 28 U.S.C. § 1746, marked as Exhibit 5. On October 19, 2015 an Order Granting the FAA's Request to Supplement was filed. 

### ShortHistory ofCase Action Approximatelythirteen (13) months ago, on September 9, 2014, the FAA filed its original Complaint. Two months later, onNovember 13,2014,the FAA filed a Motion to [sic] for Judgment on the Pleadings and Request to Hold Proposed Scheduling/Discovery Planin Abeyance ("Motion and Request"). Six (6) days later, onNovember 19, 2014, an Order Directing Respondent to Show Cause and Reserving the FAA's Motions for Abeyance and Judgment was filed, providing a December 3, 2015 deadline for the

### prose Respondent, Mr. CherifDiallo, to respond. Mr. Diallo failed to respond. Thus, on December 5, 2014, an Order Granting inPart and Denying in Partthe FAA'sMotion for Abeyance was filed. However, twelve (12) days later, on December 17, 2014, boththe FAA and Mr. Diallo appeared by telephone for a MotionConference (Mr. Diallo appearing 35 minutes late). Duringthis Conference, the FAA withdrew its November 13, 2014 Motion and Request, because it wished to amend its Complaintto address certain deficiencies (12/17/14 Tr. 23:17-23). Bothparties agreed to work informallyto resolve the dispute 

### (!d. at46: 1-20). In addition, the Court orally advised Mr. Diallo that ifhe received an amended complaint, he needed to promptlyrespond to the amended complaint in writing (!d. at 47:11-16). That same day, December 17,2014, an Order Confirming Withdrawal ofFAA Motion and Providing Procedural Directions to the Parties was filed. Approximately six weeks later, onFebruary 4, 2015, the FAA filed an Amended Complaint. Mr. Diallo failed to respond. As noted above, the FAAthen subsequently filed, on September 16, 2015, a Motion for Judgment on the Pleadings. BriefDiscussion The status ofthe case in October 2015 is almost identical to its status inNovember 2014. Mr. Diallo has failed to file an Answerto the FAA's February 4, 2015 Amended Complaint pursuantto 14 C.F.R. 

### § 13.209(a). As a result, the FAAhas filed a newMotionfor Judgment. In its September 16, 2015 Motion, the FAA asserts that each allegation inthe Amended Complaint (i.e., Section I,**~** 1; Section II,**~~** 1-10, and Section III,**~~** 1-3) shouldbe deemed admitted, pursuant to 14 C.P.R. § 13.209(f). The FAA also seeks a defaultjudgmentinthe amount of$4,400 for a civil penalty. InFAA civil penaltyproceedings, the FAA's Rules ofPractice require that a respondent file an answerto a complaint within 30 days ofservice ofthe complaint. 1If, such as inthis case, an amendmentto a complaint is filed, the respondent's answer to the amended complaintis due no more than 20 days from the date ofthe amendment. 14 C.P.R.§ 13.214(c). Pursuantto 14 C.P.R.§ 13.209(f), a responding party who has not filed a timely answer to a complaint may avoid a default finding bypresenting good cause reasons (ifany) for the failure to file a timely Answer. Mr. Diallo should be given an opportunity to respondto the

1 When the complaint is servedby U.S. Mail, the respondent is given an additional five (5) days to respond. 14 C.F.R. § 13.209(e). Page 2 of3FAA's Motion, and to state what reasons (ifany) there are for his failure to file a timely Answer to the Amended Complaint. Having reviewed the case file, all relevant caselaw, statutes, regulations, rules, and authority, andbeing fully advised: IT IS HEREBY ORDERED: 

### 1. On or beforeNovember 5, 2015, the

### prose Respondent, Mr. CherifDiallo, mayfile a written Response to the FAA's Motion for Judgment on the Pleadings. Inthis Response, Mr. Diallo should specifically state the facts or reasons (ifany) why he did not file a timely Answerto the February 4, 2015 Amended Complaint. 2. On or beforeNovember 5, 2015, Mr. Diallo may file a written Answerto the FAA's February 4, 2015 Amended Complaint. This Answer should specifically respond to each allegation inthe Amended Complaint (i.e., Section I,**~** 1; Section II,**~~** 1-10, and Section**III,~~** 1-3), as well as specifically identify each affirmative defense (ifany) Mr. Diallo intends to assert at the hearing. 3. IfMr. Diallo fails to file, on or before November 5, 2015, a written Response to the FAA'sMotion for Judgment on the Pleadings, and fails to file a written Answer to the Amended Complaint, he may be deemed to be in default, and the FAA's Motion for Judgment may be granted, in full or in part, without further notice to the parties, and without further conference or hearing. 4. The FAA'sMotion for Judgment is reserved until after November 5, 2015. 5. Any questions regarding the procedures contained inthis Order should be directed to Mr. Cody Smith, Attorney-Advisor at the Office ofHearings (202-366-6941).

Attachment: Service List Page 3 of3SERVICE 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 2W10002

Ms. Taneesha D. 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 US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2014-0544 (Civil Penalty Action)

2 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.