In the Matter of: 

CHERIF DIALLO 

Respondent 

SERVED: NOVEMBER 19, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS .• ~ ' ·.' ;: ·: ! 

WASHINGTON, DC ',:'i : ,; ';: ', D 

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Docket No. FAA-2014-0544 

Case No. 2014S0290047 

ORDER DIRECTING RESPONDENT TO SHOW CAUSE AND 

RESERVING THE FAA'S MOTIONS FOR ABEYANCE AND JUDGMENT 

On September 9, 2014, the FAA filed a Complaint, alleging that on or about February 2, 

2014, the Respondent, Ms. CherifDiallo, violated 14 C.F.R. § 121.580 on or about February 2, 

2014 by threatening, intimidating, and interfering with a crewrnember in the performance of the 

crewrnember's duties. In the Complaint, the FAA also proposed a maximum penalty assessment 

of$5,000. 

On October 17, 2014, an Order Setting Rule 16 Litigation Scheduling Conference and 

Directing Rule 26(f) Planning and Submission was filed. Among other things, this Order directed 

the parties to en~age in a Rule 26(f) planning meeting, and file a Proposed Scheduling/Discovery 

Plan on or before Wednesday, December 11, 2014. The parties were also directed to appear by 

telephone on December 17, 2014, at 10:00 a.m. ET for a Rule 16 Litigation Scheduling 

Conference. 

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"). 

Brief Discussion 

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 14 C.F.R. § 13.209(a). 

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

C.F.R. § 13.209(e). 
In its November 13, 2014 Motion, the FAA asserts that the prose Respondent, Ms. Diallo, has 

failed to file an Answer to the September 9, 2014 Complaint, pursuant to the time deadlines in 14 

C.F.R. § 13.209(a). As a result, the FAA asserts that each allegation in the Complaint (i.e., 

Section I, ~1; Section II, ~1-10 and Section III, ~1-3 ofthe Complaint) shouldbe deemed 

uncontested and admitted, pursuant to14 C.F.R. § 13.209(f). The FAA also seeks a default 

judgment in the amount of$5,000, because the Respondent has failed to file a timely Answer. 

Pursuant to 14 C.F.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 Respondent should be given an opportunity to respond to the 

FAA's Motion, and to state what reason(s), if any, there are for her failure to file a timely 

Answer and comply with the FAA's Rules ofPractice. 

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 December 3, 2014, the pro se Respondent may file a written Response to 

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

should specifically state any facts or reason(s) why the Respondent did not file a timely 

Answer to the Complaint. 

2. On or before December 3, 2014, the prose Respondent may file a written Answer to the 

FAA's Complaint. This Answer should specificaily respond to each allegation in the 

Complaint (i.e., Section I, ~1; Section II, ~1-1 0 and Section III, ~1-3 of the Complaint), as 

well as specifically identify each affirmative defense (if any) the Respondent intends to 

assert at the hearing. 

3. The Respondent shall attach a Certificate of Service, as described by 14 C.F.R. § 

13.211 (c), to any documents she files with the court. The Certificate of Service shall 

affirm that the Respondent has also served a copy of the documents upon the FAA 

attorney, and the FAA's Hearing Docket. A copy of a Certificate of Service is attached 

to this Order, and shows all the addressees and addresses. 

4. To ensure prompt delivery of documents to this Court, the Respondent should also fax, 

on or before December 3, 2014, a courtesy copy of her filed documents to Judge Sullivan 

(fax no. 2021-366-7536) 

Page 2 of 3 
5. If the Respondent fails to file, on or before December 3, 2014, a written Response to the 

FAA's Motion for Judgment on the Pleadings, and fails to file a written Answer to the 

Complaint, the Respondent may be deemed to be in default, and the FAA's Motion may 

be granted, in full or in part, without further notice to the parties, and without further 

conference or hearing. 

6. The FAA's Motion to Hold the Proposed Scheduling/Discovery Plan in Abeyance is 

reserved. 

7. The FAA's Motion for [Default] Judgment on the Pleadings is reserved until after 

December 3, 2014. 

8. A separate order will issue on the FAA's reserved motions after December 3, 2014. 

9. If either the FAA or Ms. Diallo has questions regarding the procedures contained in this 

Order, they may contact 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 2W10002 

Ms. Taneesha D. Marshall 

Complainant's Counsel 

Office of the 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 

Ms. Cherif Diallo 

Respondent 

263 W 153rd St. 

Apt. 6D 

New York, New York 10039\ 

TEL: 347-664-8774 

Judge J.E. Sullivan 

US. 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. F AA-20 14-0544 

(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 2W1000, Washington, DC 

20591; Attention: Hearing Docket Clerk, AGC-430.