U.S. DEPARTMENT OF TRANSPORTATION \. . 1 · '' OFFICE OF'HEARINGS ' ' ··.FEDERAL AVIATION ADMINISTRATION

FEDERALAVIATION ADMINISTRATION, Complainant, DocketNo. FAA-2014-0544 FAA CaseNo. 2014S0290047 vs. CHERIF DIALLO, Respondent. Judge Sullivan 1 ._; .r '· r,-. .,• ' . , -· MOTION TO FORJUDGMENT ON THE PLEADINGS AND 

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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 forjudgment 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 ofthe sanction. Therefore,judgment onthe pleadings is appropriate. Additionally, without an Answer, the FAA is unable to meaningfully prepare ajoint ;Nritten proposed scheduling/discovery plan for the scheduling conference onDecember 17, 2014. STATEMENT OF THE CASE On July 10, 2014, the FAAissued a FinalNotice ofProposed Civil Penalty (now the Complaint), whichproposed a penalty of$5,000. Respondent timely appealed, andthe Complaint was filed on September 9, 2014. Inthe Complaint, the FAA alleged as follows: I. On or about February 2, 2014, you were apassenger aboardSpiritAirlines Flight# 316 traveling from Wayne County Jnternationa:Airport, Detroit, Michigan (KDTW) to La GuardiaInternationalAirport, New York, New York (KLGA). .

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### 2. During taxiing of the aboveflight, a crewmembergave a safety demonstration and exit row briefing topassengers. 3. Your seatwas located in an designatedexit row. 4. During the above instructions, a crewmember instructedyou to talkquietlyasyou were speaking loudly and interrupting thepresentation. 5. You refusedand the crewmember informedyou thatyouwouldhave to be reseated 6. You refusedagain and then engaged in an altercation with a crewmember. 7. 

### As a result of your behavior, thepilots'pre-takeoff duties were interruptedand the aircraft was returned to the gate. 8. Atthe gate, you became more belligerentwith crewmembers andrefused to depart the aircraft. 9. Law enforcement officers were calledandhadtoforcibly remove youfrom the aircraft. 10. Your above actions were threatening or intimidating, and interferedwith a crewmember in theperformance of the crewmember's duties. 11. As a result ofthe foregoing, you violated Section 121.580 ofthe Federal Aviation Regulations in that no person may assault, threaten, intimidate, or interfere with a crewmember in theperformance of the crewmember 

### 's duties aboardan aircraft being operated. Under 49 USC. Sections 46301(a)-( d), you are subject to a civilpenalty not to exceed$1,100 for each of the violations noted By reason of theforegoing facts andcircumstances, wepropose to assess a civilpenalty in the amount of $5, 000. See Complaint at Exhibit 1. To date, the Respondenthas failed to file an Answer. ARGUMENT Respondent has failed to file an Answer inthis case. Therefore, each ofthe allegations in the Complaint should be deemed admitted. The allegations inthe 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 tojudgment on the pleadings. WHEREFORE, the FAA respectfully requests that the Judge deem admitted the allegations in the Complaint, and grant the FAAjudgment on the pleadings.

i--1 

### Respectfully submitted this

# _L2 day ofNovember, 2014.
Attorney Office ofthe Regional CounselCERTIFICATE OF SERVICE 

### I hereby certify that a copy ofthe foregoing Motion for Judgment onthe 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 2W1000 Washington, D.C. 20591
one copy viacertified mail and facsimile: Honorable Judge J.E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 One copy viacertified mail only: CherifDiallo 263 W. 153'ct St. Apt. 6D NewYork,NY 10039

Gerald 

### A. Jennin s Program Analyst Office ofthe Regional Counsel DatedSouthern Region U.S. Department ofTransportation Office ofthe 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 ofCherifDiallo FAA Case No. 2014S0290047 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 ( 404) 305-5223 FAX

Enclosed herewith please End a copy ofa request for hearing that was received by the undersigned on September 8, 2014, and the original and one copy ofthe Complaintin the abovereferenced proceeding. The FAA requests that the hearing in this matterbe 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 ofthe Regional Counsel, AS0-7 Southern Region 1701 Columbia Avenue College Park, GA 30337 Telephone: (404) 305-5200, facsimile (404) 305-5223. Sincerely,
TANEESHAD. MARSHALL Attorney Office ofthe Regional Counsel Enclosures

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## HEARING DOCKETU.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 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. 1. On July 10, 2014, Respondent, CherifDiallo was advised through a Final Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $5,000. On September 8, 2014, the Agency Attorney received a written request for a hearing from the Respondent. II. 1. On or about February 2, 2014, you were a passenger aboard Spirit Airlines Flight # 316 traveling from Wayne County International Airport, Detroit, Michigan (KDTW) to La Guardia International Airport, New York, New York (KLC1A). 2. During taxiing ofthe above flight, a crewmember gave a safety demonstration and exit row briefing to passengers. 3. Your seat was located in an designated exit row. 4. During the above instructions, a cremember instructed you to talk quietly as you were speaking loudly and interrupting the presentation.5. You refused and the crewmember informed you that you would have to be resealed. 6. You refused again and then engaged in an altercation with a crewmember. 7. As a result ofyour behavior, the pilots' pre-takeoffduties were interrupted and the aircraft was returned to the gate. 8. At the gate, you became more belligerent with crewmembers and refused to depart the aircraft. 9. Law enforcement officers were called and had to forcibly remove you from the aircraft.l0. Your above actions were threatening or intimidating, and interfered with a crewmember in the performance ofthe crewmember's duties.
III. 1. By reason of the foregoing facts and circumstances, Respondent violated Section 121.580 of the Federal Aviation Regulations in that no person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crewmember's duties aboard an aircraft being operated. 2. Pursuant to 49 U.S.C. Sections 4630l(a)-(d), Respondent is subject to a civil penalty not to exceed$],I00 for each ofthe violations alleged. 3. Under the facts and circumstances ofthis 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 ofSeptember, 2014.

Attorney Office ofthe Regional CounselPLEASE 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 ifappropriate, not later than 30 days after the date shown on the Certificate ofService which follows. CERTIFICATE OF SERVICE I hereby certify that a copy ofthe 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 CherifDiallo 263 W 153'd St. Apt. 6D New York, NY 10039

Program Analyst

Dated (original+ 1copy)11/12/2014 English Customer Service USPS Mobile

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NEW YORK, NY 10039
NEW YORK, NY 10039
NEW YORK, NY 10039
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NEWYORK, NY 10199
NEW YORK, NY 10199
NORTH METRO, GA 30026
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