In the Matter of: 

CHERIF DIALLO 

Respondent 

SERVED: November 10,2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

) 

" .. . ,. -, 

) Docket No. FAA-2014-0544 

) 

) Case No. 2014S0290047 

) 

ORDER FINDING RESPONDENT IN DEFAULT, GRANTING 

THE FAA'S MOTION FOR DECISION, AND ASSESSING CIVIL PENALTY 

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. 

On October 22, 2015 an Order Setting Deadline for the Respondent to Respond and 

Show Cause, and Reserving Other Relief was filed. Among other things, this October 22, 2015 

Order set a deadline of November 5, 2015 for the prose Respondent, Mr. CherifDiallo, to file a 

written Response to the FAA's September 16, 2015 Motion, and to file a written Answer to the 

FAA's February 4, 2015 Amended Complaint. 

On November 5, 2015, the Respondent failed to file either a written Response and/or a 

written Answer. 

Brief Discussion: 

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. The October 22, 2015 Order provided the prose Respondent, Mr. 

;"\ 
CherifDiallo, an opportunity to respond to the FAA's September 16, 2015 Motion and to file a 

late Answer, and to state what good cause reason(s), if any, he might have for his failure to file a 

timely Answer. As oftoday's date, the Respondent has failed to respond or answer. 

Conclusion: 

Pursuant to 14 C.P.R.§§ 13.209 and 13.218, and after reviewing all pleadings and 

documents, as well as all relevant caselaw, decisions, regulations, statutory authority, and being 

fully advised; 

IT IS HEREBY ORDERED: 

1. The prose Respondent, Mr. CherifDiallo, has abandoned any defense of this case, and is 

in default. 

2. The FAA's September 16,2015 Motion is granted. 

3. The factual allegations in the FAA's February 4, 2015 Amended Complaint (Am. Compl. 

1-2 ~II (1-13), are admitted as true. 

4. The legal conclusions alleged in the FAA's February 4, 2015 Amended Complaint (Am. 

Compl. 3, III (1-2), which asserted that on or about February 2, 2014 the Respondent 

committed four violations of 14 C.F.R. §121.580, are deemed proven. 

5. The FAA's proposed $4,400 civil penalty for the four (4) proven violations is within the 

statutory range, is uncontested, and should be granted as a default judgment. 

6. The Respondent is hereby assessed a total civil penalty of$4, 400 for the four (4) proven 

violations. 

7. Pursuant to 14 C.F.R. § 13.232(d), this Order shall be considered a final order assessing 

civil penalty unless either party files a notice of appeal within 10 days of service of this 

Order pursuant to 14 C.F.R. § 13.233. 

Attachment: Service List 

Page 2 of2 
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 2W10001 

Ms. Erin Oliver 

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. Cherif Diallo 

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. (E11-310) 

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.