In the Matter of: 

SERVED: October 22, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

W ASIDNGTON, DC 

Docket No. FAA-2014-0544 

CHERIF DIALLO 

) 

) 

) 

) 

Respondent ) 

Case No. 2014S0290047 

ORDER SETTING DEADLINE FOR 

THE RESPONDENT TO RESPOND AND SHOW CAUSE, 

AND RESERVING OTHER RELIEF 

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 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. 

On October 19, 2015 an Order Granting the FAA's Request to Supplement was filed. 

Short History of Case Action 

Approximately thirteen (13) months ago, on September 9, 2014, the FAA filed its 

original Complaint. Two months later, on November 13,2014, the FAA filed a Motion to [sic] 

for Judgment on the Pleadings and Request to Hold Proposed Scheduling/Discovery Plan in 

Abeyance ("Motion and Request"). Six (6) days later, on November 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. 

Cherif Diallo, to respond. 

Mr. Diallo failed to respond. Thus, on December 5, 2014, an Order Granting in Part and 

Denying in Part the FAA's Motion for Abeyance was filed. However, twelve (12) days later, on 

December 17, 2014, both the FAA and Mr. Diallo appeared by telephone for a Motion 
Conference (Mr. Diallo appearing 35 minutes late). During this Conference, the FAA withdrew 

its November 13, 2014 Motion and Request, because it wished to amend its Complaint to address 

certain deficiencies (12/17/14 Tr. 23:17-23). Both parties agreed to work informally to resolve 

the dispute (!d. at 46: 1-20). In addition, the Court orally advised Mr. Diallo that if he received 

an amended complaint, he needed to promptly respond to the amended complaint in writing (!d. 

at 47:11-16). That same day, December 17,2014, an Order Confirming Withdrawal of FAA 

Motion and Providing Procedural Directions to the Parties was filed. 

Approximately six weeks later, on February 4, 2015, the FAA filed an Amended 

Complaint. Mr. Diallo failed to respond. As noted above, the FAA then subsequently filed, on 

September 16, 2015, a Motion for Judgment on the Pleadings. 

Brief Discussion 

The status of the case in October 2015 is almost identical to its status in November 2014. 

Mr. Diallo has failed to file an Answer to the FAA's February 4, 2015 Amended Complaint 

pursuant to 14 C.F.R. § 13.209(a). As a result, the FAA has filed a new Motion for Judgment. 

In its September 16, 2015 Motion, the FAA asserts that each allegation in the Amended 

Complaint (i.e., Section I, ~ 1; Section II, ~~ 1-10, and Section III, ~~ 1-3) should be deemed 

admitted, pursuant to 14 C.P.R. § 13.209(f). The FAA also seeks a default judgment in the 

amount of $4,400 for a civil penalty. 

In FAA civil penalty proceedings, the FAA's Rules of Practice require that a respondent 

file an answer to a complaint within 30 days of service of the complaint. 1 If, such as in this case, 

an amendment to a complaint is filed, the respondent's answer to the amended complaint is due 

no more than 20 days from the date of the amendment. 14 C.P.R.§ 13.214(c). 

Pursuant to 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 by presenting good cause reasons (if any) for the 

failure to file a timely Answer. Mr. Diallo should be given an opportunity to respond to the 

1 When the complaint is served by U.S. Mail, the respondent is given an additional five (5) days to respond. 14 

C.F.R. § 13.209(e). 

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FAA's Motion, and to state what reasons (if any) 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, and being fully advised: 

IT IS HEREBY ORDERED: 

1. On or before November 5, 2015, the prose Respondent, Mr. CherifDiallo, may file a 

written Response to the FAA's Motion for Judgment on the Pleadings. In this Response, 

Mr. Diallo should specifically state the facts or reasons (if any) why he did not file a 

timely Answer to the February 4, 2015 Amended Complaint. 

2. On or before November 5, 2015, Mr. Diallo may file a written Answer to the FAA's 

February 4, 2015 Amended Complaint. This Answer should specifically respond to each 

allegation in the Amended Complaint (i.e., Section I, ~ 1; Section II, ~~ 1-1 0, and Section 

III,~~ 1-3), as well as specifically identify each affirmative defense (if any) Mr. Diallo 

intends to assert at the hearing. 

3. If Mr. Diallo fails to file, on or before November 5, 2015, a written Response to the 

FAA's Motion 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's Motion for Judgment is reserved until after November 5, 2015. 

5. Any questions regarding the procedures contained in this Order should be directed to Mr. 

Cody Smith, Attorney-Advisor at the Office of Hearings (202-366-6941). 

Attachment: Service List 

Page 3 of 3 
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 0002 

Ms. Taneesha D. Marshall 

Complainant's Counsel 

Office ofthe Regional Counsel, AS0-7 

ONE COPY 

Federal Aviation Administration, Southern Region 

1701 Columbia A venue 

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 Law Judge 

Office ofHearings, 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) 

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.