In The Matter Of: CHERIP DIALLO Respondent 

## SERVED: JULY 30, 2015 U.S. DEPARTMENT OF TRANSPORTATION
. OFFICE OF HEARINGS WASHINGTON, DC ) ) ) ) ) DocketNo. PAA-2014-0544 CaseNo. 2014S0290047



### ORDER SETTING A RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING THEPARTIES TO

CONFERAND FILE A RULE 26(f) PROPOSED DISCOVERY PLAN 1) Rule 16 Litigation Scheduling Conference: .' !;
.._ _.

Pursuant to 14 C.P.R.§ 13.205 and Civ. R. 16, the parties shall appear by telephone on Thursday, September24,2015, at 1:30 p.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues inthe dispute, their jointly submittedproposed scheduling/discovery plan (see paragraph 2 infra) and respondto any questions regarding disagreements notresolved inthe proposed plan. During the Conference a final scheduling/discovery plan will be ruled upon, as well as any other related 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: Pursuantto 14 C.P.R.§ 13.205(a)(6) and Civ. R. 26(f),priorto convening withthe Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately .conduct a Rule 26(f) planning meeting andprepare ajointly written proposed scheduling/discovery plan, which must be completed and filed withthe undersigned Judge on orbefore Thursday, September 17, 2015 (i.e. at least seven·(?) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointly responsible for arranging the Rule 26(f) conference, and for attempting in good faith to agree onthe proposed discovery plan.The parties' Rule 26(f) planning meeting shall include a good faith discussion aboutthe nature and basis ofeachparty's claims, the possibility ofresolving all orpart ofthe case, the scope 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 Rule 26(f)(2) and (3) as part ofdeveloping their proposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence and timing offollow-up discovery, including whether that discovery should be conducted inphases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc.). The proposed discovery deadlines in the parties' proposed scheduling/discovery plan should be mutually agreeable, with a view to achieving case resolution with a minimum of expense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposed plan, so thatthese disputes may be addressed bythe Judge during the Rule 16 Litigation Scheduling Conference. 3) Filing and Serving Documents: Pursuant to 14 C.F.R. § 13.211(a), a copy ofany document a party files with the Federal Aviation Administration Hearing Docket ("Hearing Docket") must also be separately filed with the undersigned, and served uponthe opposing party. 4) Compliance with Court-Ordered Deadline Dates: Whenever the Judge orders the parties to file documents by a specific deadline date (see, e.g., paragraph 2 above) such deadline date is the date by whichthe documents mustbe datestampedreceived atthe Office ofHearings. To ensure compliance withthis and any future Orders setting deadlines, the parties are encouraged to fax orpersonally deliver a copy oftheir documents to the Office ofHearings (Fax: 202-366-7536), on or before the deadline date. Failure ofa party to timely file documents by the court-ordered deadline could lead to the party's positionnotbeing considered.

Page 2 of35) Conflicts withthe Rule 16 Litigation Scheduling Conference Date: Ifa party has an unavoidable conflict withthe Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1 

### supra, and wishes to modify the date/time ofthe scheduled Conference,.the party shall first confer with 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 at leastthree (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

U.S. Admmistrative Law Judge

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-Suite 2W10001

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, New York 10039 TEL: 347-664-8774 Judge J.E. Sullivan 

### U.S. Administrative Law Judge 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 DocketNo. FAA-2014-0544 (Civil Penalty Action)

1 Service was byU.S. Mail. For service inperson 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.