Inthe Matter of: CHERIF DIALLO Respondent 

### SERVED: November 10,2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ) " .. . ,. -, 

### ) DocketNo. FAA-2014-0544 ) 

### ) Case No. 2014S0290047 )



### ORDERFINDING RESPONDENT INDEFAULT, GRANTING THE FAA'S MOTIONFORDECISION, AND ASSESSING CIVIL PENALTY

On September 16, 2015, the FAA filed its Motion to [sic] for Judgment onthe Pleadings and Request to Hold Proposed Scheduling/Discovery Plan inAbeyance ("Motion"). On October 1, 2015 the FAA filed Complainant's Request to Supplement Motion for Judgment onthe Pleadings ("Request"). Included inthis 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 Supplementwas filed. On October 22, 2015 an Order Setting Deadline for the Respondent to Respond and Show Cause, and Reserving Other Reliefwas filed. Among otherthings, this October 22, 2015 Order set a deadline ofNovember 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 writtenAnswerto the FAA's February 4, 2015 Amended Complaint. OnNovember 5, 2015, the Respondent failed to file either a written Response and/or a written Answer. BriefDiscussion: 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. The October 22, 2015 Orderprovidedthe

### prose Respondent, Mr. ;"\CherifDiallo, anopportunity to respond to the FAA's September 16, 2015 Motion andto file a late Answer, andto state what good cause reason(s), ifany, he mighthave 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 afterreviewing all pleadings and documents, as well as all relevant caselaw, decisions, regulations, statutory authority, andbeing fully advised; IT IS HEREBY ORDERED: 1. The

### prose Respondent, Mr. CherifDiallo, has abandoned any defense ofthis case, and is in default. 2. The FAA's September 16,2015 Motion is granted. 3. The factual allegations in the FAA'sFebruary 4, 2015 Amended Complaint (Am. Compl. 1-2**~II** (1-13), are admitted as true. 4. The legal conclusions alleged 

### inthe 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'sproposed $4,400 civil penalty for the four (4) provenviolations is withinthe statutoryrange, is uncontested, and should be granted as a defaultjudgment. 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 ofappeal within 10 days ofservice ofthis Orderpursuant to 14 C.F.R. § 13.233.

Attachment: Service List

Page 2 of2

### SERVICE LIST- BY U.S. MAIL ORIGINAL & 

### ONE COPY Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1

Ms. Erin Oliver Complainant's Counsel Office ofthe 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. CherifDiallo Respondent 263 W 153rd St. Apt. 6D New York, NY 10039 TEL: 347-664-8774 Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2014-0544 (Civil Penalty Action)

1 Service was byU.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.