Inthe Matterof: CHERIF DIALLO Respondent SERVED: NOVEMBER 19, 2014 

### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS .•**~** ' ·.' ;: ·: ! 

### WASHINGTON, DC ',:'i : ,; ';: ', 

### D ) ) ) ) ) DocketNo. FAA-2014-0544 Case No. 2014S0290047

ORDERDIRECTING RESPONDENT TO SHOW CAUSE AND RESERVING THE FAA'S MOTIONS FORABEYANCE AND JUDGMENT

On September 9, 2014, the FAA filed a Complaint, alleging that onor aboutFebruary 2, 2014, the Respondent, Ms. CherifDiallo, violated 14 C.F.R. § 121.580 on or aboutFebruary 2, 2014 by threatening, intimidating, and interfering with a crewrnember in the performance ofthe crewrnember's duties. Inthe Complaint, the FAA also proposed a maximumpenalty 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 otherthings, this Orderdirected 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 appearby telephone onDecember 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 onthe Pleadings and Requestto Hold Proposed Scheduling/Discovery Plan in Abeyance ("Motion"). BriefDiscussion In FAA civil penalty proceedings, the FAA's Rules ofPractice require that a respondent file an answerto a complaint within 30 days ofservice ofthe complaint. 1 14 C.F.R. § 13.209(a).

1 When the complaintis served by U.S. Mail, the Respondent isgiven an additional (5) five days to respond. 14 C.F.R. § 13.209(e).In its November 13, 2014 Motion, the FAA asserts thattheprose Respondent, Ms. Diallo, has failed to file an Answerto 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 inthe 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. Pursuantto 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 (ifany) 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), ifany, 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 December3, 2014, thepro 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 notfile a timely Answerto the Complaint. 2. On or before December3, 2014, theprose Respondent may file a written Answerto the FAA's Complaint. This Answer should specificaily respond to each allegation inthe Complaint (i.e., Section I,**~1;** Section II,**~1-1**0 and Section III,**~1-3** ofthe Complaint), as well as specifically identify each affirmative defense (ifany) the Respondent intends to assert at the hearing. 3. The Respondent shall attach a Certificate ofService, as described by 14 C.F.R. 

### § 13.211(c), to any documents she files with the court. The Certificate ofService shall affirm that the Respondent has also served a copy ofthe documents upon the FAA attorney, and the FAA's Hearing Docket. A copy ofa Certificate ofService is attached to this Order, and shows all the addressees and addresses. 4. To ensure prompt delivery ofdocuments to this Court, the Respondent should also fax, on or before December 3, 2014, a courtesy copy ofher filed documents to Judge Sullivan (fax no. 2021-366-7536)

Page 2 of35. Ifthe Respondent fails to file, on or before December3, 2014, a written Response to the FAA's Motion for Judgment onthe Pleadings, and fails to file a written Answerto the Complaint, the Respondent may be deemed to be in default, andthe 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 onthe Pleadings is reserved until after December 3, 2014. 8. A separate orderwill issue on the FAA's reserved motions after December 3, 2014. 9. Ifeitherthe FAA or Ms. Diallo has questions regarding the procedures contained inthis Order, they may contact 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-Suite2W10002

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 Ms. CherifDiallo Respondent 263 W 153rd St. Apt. 6D New York, NewYork 10039\ TEL: 347-664-8774 Judge J.E. Sullivan US. 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)

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.