In The Matter Of: CHERIF DIALLO Respondent 

## SERVED: OCTOBER 17,2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC
) ) ) ) ) Docket No. FAA-2014-0544 Case No. 2014S0290047

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE AND DIRECTING RULE 26(f) PLANNING AND SUBMISSION 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.F.R. 

### § 13.205(a)(l) and (7) and Civ. R. 16, the parties shall appear by telephone on

### Wednesday, December 17,2014, 

### at 10:00 

### a.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, theirjointly submitted proposed scheduling/discovery plan (see paragraph 2 

### infra) and respond to any questions regarding disagreements not resolved in the proposed plan. During the Conference a final scheduling/discovery plan will be ruled upon, as well as any otherrelated matters pursuant to Rule 16(c). The parties shall access the Conference by dialing 202-493-2343.
2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.F.R. 

### § 13.217 and Civ. R. 26(f),priorto convening with the Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare ajointly written proposed scheduling/ discovery plan, which must be completed and filed with the undersigned Judge on orbefore 

### Wednesday, December 11, 2014 (i.e. seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointlyresponsible for arranging the Rule 26(f) conference, and for attempting in good faith to agree on the proposed discovery plan. The parties' Rule 26(f) planning meeting shall include a good faith discussion about the nature and basis ofeach party's claims, the possibility ofresolving all orpart ofthe case, thescope and type ofdiscovery (including electronic discovery) andthe place ofvenue for hearing. During this meeting, the parties shall discuss matters identified in 14 C.F.R. 

### § 13.217 and Ru1e 26(f)(2) and (3) as part ofdeveloping their proposed schedu1ing/discovery plan. The parties' planning meeting shou1d also include discussion aboutthe sequence andtiming offollow-up discovery, including whetherthat discovery should be conducted inphases to prepare for any filing ofparticu1armotions (e.g., limiting scope oftrial, dispositive motions, etc). The deadlines intheparties' proposed schedu1ing/discovery plan shou1d be mutually agreeable, with a viewto achieving case resolution with a minimum ofexpense and delay. Any unresolved schedu1ing/discovery disputes shou1d be clearly identified inthe proposedplan, so that these disputes maybe addressed bythe Judge during the Ru1e 16 Litigation Schedu1ing Conference. In addition to filing the proposed schedu1ing/discovery planbyregu1ar mail filing with the Federal Aviation Administration Hearing Docket Clerk, 

### the parties shall file a working copy of the scheduling/discovery planwith the undersigned Judge at the Office ofHearings by fax, express carrier, orpersonal delivery. The certificate ofservice should reflectthe manner of service.
3) Conflicts with Rule 16 Litigation Scheduling Conference Date: Ifa partyhas anunavoidable conflict withthe Scheduled Rule 16 Litigation Scheduling Conference setinparagraph 1 

### supra, and wishes to modifythe date/time ofthe scheduled Conference, 

### the party shall first conferwith opposing counsel about mutually agreeable alternate dates, and then contact Mr. Cody L. Smith, Attorney-Advisor atthe Office of Hearings (202-366-6941) as soon as possible after the receipt ofthis Order, 

### with atleastthree (3) 

### mutually-agreed, proposed alternate dates/times for the Judge's cons"deration.

Attachment: Service List

Page 2 of2

### DocketNo. FAA-2014-0544 (Civil Penalty Action) 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-Suite2W1000 1



### Ms. TaneeshaD. Marshall Complainant's Counsel Office ofthe Regional Counsel, AS0-7 ONE COPY



### Federal Aviation Administration, SouthernRegion 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 CherifDial1o, Respondent 263 W 153rd St. Apt. 6D New York, New York 10039 Judge J.E. Sullivan US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536

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 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.