In the Matter of: 

SERVED: December 5, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2014-0544 

CHERIF DIALLO 

) 

) 

) 

) 

Respondent ) 

Case No. 2014S0290047 

ORDER GRANTING IN PART AND DENYING IN PART 

THE FAA'S MOTION FOR ABEYANCE 

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 set a 

December 11, 2014 deadline for the parties to file a proposed scheduling/discovery plan, and 

directed the parties to appear by telephone for a Litigation Scheduling Conference on December 

17,2014, at 10:00 a.m. Eastern time. 

On November 13, 2014, the FAA filed its Motion to [sic] for Judgment on the Pleadings 

and Request to Hold Proposed Scheduling/Discovery Plan in Abeyance. 

On November 19, 2014 an Order Directing Respondent to Show Cause and Reserving the 

FAA's Motions for Abeyance and Judgment was filed. Among other things, this Order set a 

December 3, 2014 deadline for the pro se Respondent, Cherif Diallo, to file a written Response 

to the FAA's Motions for Abeyance and Judgment. The Order also directed the Respondent to 

fax a courtesy copy of any Response to the undersigned on or before December 3, 2014. 

On December 3, 2014 the prose Respondent failed to file or fax any Response. 

As oftoday's date, December 5, 2014, the Respondent has failed to file a Response. 

Having reviewed the case file, all relevant caselaw, statutes, regulations, rules, and 

authority, and being fully advised: 
IT IS HEREBY ORDERED: 

1. The FAA's Motion to hold the October 1 i, 2014 Order in Abeyance is granted in part 

and denied in part as follows: 

a) Paragraph 2 of the October 17, 2014 Order, which directed the parties engage in a 

Rule 26(f) Planning meeting, and to file a jointly written proposed 

Scheduling/Discovery Plan on or before December 11, 2014, is held in abeyance. 

b) Paragraph 1 of the October 17, 2014 Order, which directed the parties to appear by 

telephone for a Conference on Wednesday, December 17, 2014 at 10:00am Eastern 

Time, remains in effect. The Conference is hereby converted to a Motion Conference. 

2. The December 17,2014 Conference (!O:OOam Eastern time) will address the FAA's 

Motions to deem the allegations in the Complaint admitted, and for judgment on the 

pleadings. The parties should access the Conference by dialing 202-493-2343. 

3. 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 2 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 0001 

Ms. Taneesha D. Marshall 

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 

Ms. Cherif Diallo 

Respondent 

263 W 153rd St. 

Apt. 6D 

New York, NY 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. (Ell-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.