In the Matter of: SERVED: December 5, 2014 

### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2014-0544 CHERIF DIALLO ) ) ) ) ) Respondent CaseNo. 2014S0290047

ORDERGRANTING IN PARTAND DENYING IN PART THEFAA'S MOTIONFORABEYANCE

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 Order set a December 11, 2014 deadline for the parties to file a proposed scheduling/discovery plan, and directed the parties to appearby 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 Motionto [sic] for Judgment onthe Pleadings and Request to Hold Proposed Scheduling/Discovery Planin 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 otherthings, this Order set a December 3, 2014 deadline for the

### pro se Respondent, CherifDiallo, to file a written Response to the FAA's Motions for Abeyance and Judgment. The Order also directed the Respondentto fax a courtesy copy ofany Response to the undersigned onorbefore December 3, 2014. On December 3, 2014 the

### prose Respondent failed to file orfax 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:

### ITIS HEREBY ORDERED: 1. The FAA's Motion to hold the October 1

## i, 2014 Order in Abeyance is granted inpart and denied inpart as follows: a) Paragraph 2 ofthe October 17, 2014 Order, which directed the parties engage in a Rule 26(f) Planning meeting, and to file ajointly written proposed Scheduling/Discovery Plan on or before December 11, 2014, isheld in abeyance. b) Paragraph 1ofthe October 17, 2014 Order, which directed the parties to appear by telephone for a Conference onWednesday, December 17, 2014 at 10:00amEastern Time, remains in effect. The Conferenceis hereby converted to a Motion Conference. 2. The December 17,2014 Conference 

### (!O:OOam Easterntime) will address the FAA's Motions to deem the allegations in the Complaint admitted, and forjudgment on the pleadings. Theparties 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 ofHearings (202-366-6941).

Attachment: Service List

Page 2 of 3SERVICE 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-Suite2W1000 1

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, NY 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. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2014-0544 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orby 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.