U.S. DEPARTMENT OF TRANSPORTATION 

\. . 1 · '' OFFICE OF'HEARINGS ' ' 

··.FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

Docket No. FAA-2014-0544 

vs. FAA Case No. 2014S0290047 

CHERIF DIALLO, 

Respondent. Judge Sullivan 1 ._; .r '· r,-. . , • ' . , -· 

MOTION TO FOR JUDGMENT ON THE PLEADINGS AND 

:a 

REOUEST TO HOLD PROPOSED SCHEDULINGIDISCOVERY PLAN IN ABEYANCE 

Pursuant to 14 C.P.R. §§ 13.209, 218, the FAA moves to deem admitted the allegations 

in the Complaint, and for judgment on the pleadings. Respondent has failed to file an Answer 

and, accordingly, the allegations in the Complaint shall be deemed admitted. The allegations in 

the Complaint are sufficient to demonstrate a regulatory violation and the appropriateness of the 

sanction. Therefore, judgment on the pleadings is appropriate. Additionally, without an Answer, 

the FAA is unable to meaningfully prepare a joint ;Nritten proposed scheduling/discovery plan 

for the scheduling conference on December 17, 2014. 

STATEMENT OF THE CASE 

On July 10, 2014, the FAA issued a Final Notice of Proposed Civil Penalty (now the 

Complaint), which proposed a penalty of $5,000. Respondent timely appealed, and the 

Complaint was filed on September 9, 2014. In the Complaint, the FAA alleged as follows: 

I. On or about February 2, 2014, you were a passenger aboard Spirit Airlines Flight# 

316 traveling from Wayne County Jnternationa: Airport, Detroit, Michigan (KDTW) 

to La Guardia International Airport, New York, New York (KLGA). 

. ~~ --_ ' -
2. During taxiing of the above flight, a crewmember gave a safety demonstration and 

exit row briefing to passengers. 

3. Your seat was located in an designated exit row. 

4. During the above instructions, a crewmember instructed you to talk quietly as you 

were speaking loudly and interrupting the presentation. 

5. You refused and the crewmember informed you that you would have to be reseated 

6. You refused again and then engaged in an altercation with a crewmember. 

7. As a result of your behavior, the pilots' pre-takeoff duties were interrupted and the 

aircraft was returned to the gate. 

8. At the gate, you became more belligerent with crewmembers and refused to depart 

the aircraft. 

9. Law enforcement officers were called and had to forcibly remove you from the 

aircraft. 

10. Your above actions were threatening or intimidating, and interfered with a 

crewmember in the performance of the crewmember's duties. 

11. As a result of the foregoing, you violated Section 121.580 of the Federal Aviation 

Regulations in that no person may assault, threaten, intimidate, or interfere with a 

crewmember in the performance of the crewmember 's duties aboard an aircraft being 

operated. 

Under 49 USC. Sections 46301 (a)-( d), you are subject to a civil penalty not to exceed $1,100 

for each of the violations noted By reason of the foregoing facts and circumstances, we propose 

to assess a civil penalty in the amount of $5, 000. 

See Complaint at Exhibit 1. 

To date, the Respondent has failed to file an Answer. 

ARGUMENT 

Respondent has failed to file an Answer in this case. Therefore, each of the allegations in 

the Complaint should be deemed admitted. The allegations in the Complaint include the facts of 

Respondent's conduct, that this conduct violated §121.580 of the Federal Aviation Regulations, 
CONCLUSION 

The allegations in the Complaint are due to be deemed admitted as a result of 

Respondent's failure to file an Answer. The allegations in the Complaint establish that 

Respondent's violations and the appropriateness of the sanction requested. Accordingly, the 

FAA is entitled to judgment on the pleadings. 

WHEREFORE, the FAA respectfully requests that the Judge deem admitted the 

allegations in the Complaint, and grant the FAA judgment on the pleadings. 

i--1 

Respectfully submitted this _L2 day of November, 2014. 

Attorney 

Office of the Regional Counsel 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Motion for Judgment on the Pleadings has been sent 

this date by the following methods: 

original and one copy via certified mail: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

Washington, D.C. 20591 

one copy via certified mail and facsimile: 

Honorable Judge J.E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

One copy via certified mail only: 

Cherif Diallo 

263 W. 153'ct St. 

Apt. 6D 

NewYork,NY 10039 

Gerald A. Jennin s 

Program Analyst 

Office of the Regional Counsel 

Dated 
Southern Region 

U.S. Department 

of Transportation Office of the Regional Counsel 

Federal Aviation 

Administration 

SEP , , 9 2014. 

CERTIFIED- RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: In the Matter of Cherif Diallo 

FAA Case No. 2014S0290047 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

( 404) 305-5223 FAX 

Enclosed herewith please End a copy of a request for hearing that was received by the 

undersigned on September 8, 2014, and the original and one copy of the Complaint in the abovereferenced proceeding. 

The FAA requests that the hearing in this matter be held in the New York, NY area, and expects 

that the hearing will last one day. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 3033 7 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely, 

TANEESHA D. MARSHALL 

Attorney 

Office of the Regional Counsel 

Enclosures 
RECEIVED 

SEP - 8 20Vt 

HEARING oocKET ~i- m, &:Jt4 

ID w~ ;\ "5~ 

__}_ u..::.fb~ a \e:1--\d c.n --;s-()5 D5, :s--IG~~ ~,~ ~. 

u::Dn\ec\ o, Y-ean'S c~~,~~ rro_~ pro~ 

~~'i=N='t 1n 0 C:.lV1\ ~ XlJ~. C':r-ce ~'YJ I_ 

L():'D\d lcV-e -\o ~c. 'r'CD.f\r:J. 
' 

I 
rn """"'"' -· '" C) 

C) 

C) 

~-"""""_ ... C) 

!"'-

~o.twfyfM 

C) 

"'" 

--

1bblJ ~ & FMol. $ 

.-'1 

.-'1 

C) 

!"'-

\ 

$0.49 

f3.JO 

f().OO 

fO.OO 

$3.79 

ow:~ 

12 

""""""' 

-

07/25/'2(114 

RECEIVED 

SEP - 8 201~ 

HEARING DOCKET 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

CHERIF DIALLO 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I. 

1. On July 10, 2014, Respondent, CherifDiallo was advised through a Final Notice 

of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of 

$5,000. On September 8, 2014, the Agency Attorney received a written request for a hearing 

from the Respondent. 

II. 

1. On or about February 2, 2014, you were a passenger aboard Spirit Airlines Flight 

# 316 traveling from Wayne County International Airport, Detroit, Michigan (KDTW) to La 

Guardia International Airport, New York, New York (KLC1A). 

2. During taxiing of the above flight, a crewmember gave a safety demonstration 

and exit row briefing to passengers. 

3. Your seat was located in an designated exit row. 

4. During the above instructions, a cremember instructed you to talk quietly as you 

were speaking loudly and interrupting the presentation. 
5. You refused and the crewmember informed you that you would have to be 

resealed. 

6. You refused again and then engaged in an altercation with a crewmember. 

7. As a result of your behavior, the pilots' pre-takeoff duties were interrupted and 

the aircraft was returned to the gate. 

8. At the gate, you became more belligerent with crewmembers and refused to 

depart the aircraft. 

9. Law enforcement officers were called and had to forcibly remove you from the 

aircraft. 

l 0. Your above actions were threatening or intimidating, and interfered with a 

crewmember in the performance of the crewmember's duties. 

III. 

1. By reason of the foregoing facts and circumstances, Respondent violated 

Section 121.580 of the Federal Aviation Regulations in that no person may assault, threaten, 

intimidate, or interfere with a crewmember in the performance of the crewmember's duties 

aboard an aircraft being operated. 

2. Pursuant to 49 U.S.C. Sections 4630l(a)-(d), Respondent is subject to a civil 

penalty not to exceed$], I 00 for each ofthe violations alleged. 

3. Under the facts and circumstances of this case, a civil penalty of $5,000 is 

appropriate. 

WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law 

Judge enter an order that Respondent be asCj1!:ed a civil penalty in the amount of $5,000. 

Respectfully submitted this _1___ day of September, 2014. 

Attorney 

Office of the Regional Counsel 
PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2Wl000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Cherif Diallo 

263 W 153'd St. 

Apt. 6D 

New York, NY 10039 

Program Analyst 

Dated 

(original+ 1 copy) 
11/12/2014 

English Customer Service USPS Mobile 

Ou1cl\ Tools Ship a Packcrge 

USPS Tracking TM 

Tracking Number: 70141200000151348584 

Product & Tracking Information 

Postal Product: 

DATE & TIME 

September 15,2014, 5:28 

pm 

September 12,2014 '4:14 

pm 

September 12, 2014' 11:00 

am 

September 12,2014, 10:50 

am 

September 12, 2014' 9:40 

am 

September 12,2014, 5:16 

am 

September 11,2014, 6:44 

pm 

September 10,2014,6:02 

pm 

September 9, 2014, 11:10 

pm 

Features: 

Certified MailTM 

STATUS OF ITEM 

Delivered 

Notice Left (No Authorized 

Recipient Available) 

Out for Delivery 

Sorting Complete 

Arrived at Unit 

Departed USPS Facility 

Arrived at USPS Facility 

Departed USPS Facility 

Arrived at USPS Facility 

Track Another Package 

Tracking (or receipt) number 

LEGAL 

Privacy Policy J 

Terms of Use 1 

ON USPS.COM 

Government Servir.es ) 

Buy Stamps & Shop J 

USPS.com®- USPS TrackingTM 

Send Mail Manage Your Mail 

LOCATION 

NEW YORK, NY 10039 

NEW YORK, NY 10039 

NEW YORK, NY 10039 

NEW YORK, NY 10039 

NEW YORK, NY 10039 

NEW YORK, NY 10199 

NEW YORK, NY 10199 

NORTH METRO, GA 30026 

NORTH METRO, GA 30026 

Track It 

ON ABOUT.USPS.COM 

About USPS Home 1 

Newsroom 1 

Register I Sign In 

Search USPS.com or Track Packages 

Shop Business Solutions 

Customer Service > 

Have questions? We're here to help. 

Available Actions 

Return Receipt After Mailing 

r] 

EXHIBlf,_.;../_'~--

OTHER USPS SITES 

Business Customer Gateway 1 

Postal Inspectors 1 

https://tools. usps.com/go/TrackConfirmAction.action?tRef=fullpage&tlc=1 &text28777=&1Labels= 70141200000151348584 1/2 
11/12/2014 

FOIA) 

No FEAR Act EEO Data) 

USPS.com®- USPS TrackingTM 

Print a Label wHh Postage 1 

Customer Service) 

Delivering Solutions to the Last Mile 1 

Site Index 1 

USPS Service Alerts) 

Forms & Publications > 

Careers J 

Inspector General l 

Postal Explorer 1 

National Postal Museum) 

htlps://tools.usps.com/go/TrackConfirmAction.action?tRef=fullpage&tLc=1 &text28777=&tlabels= 70141200000151348584 2/2