### SERVED: August 20, 2013 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF SKYWEST AIRLINES, INC. FAADOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2013-0617

PROCEDURAL ORDER '**~-·** •""} l ;'· ,;;.} :. I

In orderto expedite the hearing inthis matter, the parties shall comply withthe Procedural Schedule set forth hereinbelow 1• The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, oftheFederal Aviation Regulations2• Under FAA Order 2150.3B and the Rules governing these proceedings, the Agency attorney and the Respondent are encouraged to considerthe possibility of settlement and compromise ofthis matter3

. Compromise may be effected with or without a finding ofviolation (14 C.F.R. §13.16 (n) (1)). NOTE: This presiding Judge does notrequire "Discovery" be served onthe Judge. OtherJudges have different policies, but as long as this case is assigned to the undersigned presiding Judge the parties may, but are not required to, serve discovery on the undersigned.

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) are also available for viewing at !JJ.tJZ:I(lj!}Jl_'!Jl.regulqtions.gqy_,_ For additional information see:**b.ttp:lldn~,s.dot.gov.** 2 The Administrator's civil penalty decisions, along with indexes ofthe decisions, the Rules ofPractice, as well as other materials relating to civil penalty cases, are available on the internet at: http://wwwfaa.gov/ about/office_org/headquarters _offices/ age/pol_adjudication/ agc400/civil__penaltyl; see also: http://ecfr.gpoaccess.gov/cgi/tltext/text-idx?c=ecfr&tpl=/ecfrbrowse!Title14/14tab
_02.tpl. In addition, Thomson Reuters/West Publishing publishes Federal Aviation Decisions. Finally, the decisions are available through LEXIS (TRANS library) and Westlaw 9FTRAN-FAA database). For additional information, see the Web site. 3 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlementnegotiations in orderto foster frank discussions". Fiberglass Insulators. Inc. v Dupuy, 856 F. 2d 652, 653 ( 4 Cir. 1988); Wright & Graham, Federal Practice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made in the course of settlement negotiations. 1Thejudge will not discuss the case with any party, orrepresentative on an ex parte·basis. Ifa party has a non-substantive matter to discuss, they should contact Mr. Ira Leibowitz, Attorney/Advisor (202) 366-2139 (Ira.Leibowitz@dot.gov). Administrative matters may be addressed to StaffAssistant, Pat Matthews [202-366- 5121] (Patricia.Matthews@dot.gov). WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be Salt Lake City, UT.; 2. On orbefore January 3, 2014, the parties shall conclude all discovery including, but not limited to, depositions, documentproduction, responses to production requests and/or interrogatories. Ifthe parties cannotresolve a discovery dispute they shall submit the dispute to the undersigned for resolution in a timely manner; 3. The parties shall be preparedto present this case at a hearing onor after January 3, 2014\ subject to the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming in a separate Order. 4. The parties will have the opportunity to file Post-Hearing briefs and arguments pursuant to a schedule to be determined at the hearing. For guidance, the following schedule is typically used: Complainant shall file its brieffifteen (15) days after receipt ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter. 5. Settled cases will notbe removed from the hearing docket until the proper writtenpleading(s), consistent with the applicable rules, is received by the presidingjudge.5 6. The parties are advised that submissions sentto the street address ofthe U.S. Department ofTransportation, Office ofHearings, maybe delayed due to screening conductedby the U.S. Postal Service and/or other security agencies and may take up to four (4) weeks to be delivered. Additionally, submissions may be "irradiated", which affects the quality
4 14 C.F.R. § 13.215 states: "At any time before or during a hearing, an agency attorney may withdraw a complaint orpartymay withdraw a request for a hearing without the consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or a party withdraws the request for a hearing andthe answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice." · 5 See: In the Matter ofLewis Drake & Associates, FAA Docket No. CP03S00045, OMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding", served January 16, 1991, at 1. 2

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___________________ofsubmissions. The parties are encouraged, but not required, to file submissions byprivate delivery service, facsimile, oremail. The certificate ofservice shall reflect the manner ofservice. Theparties are encouragedto provide email addresses to expedite service ofpleadings.

Richard C. Goodwin U.S. Administrative LawJudge Attachment

- Service List

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SERVICE LIST ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1

Robert Spitzer, Complainant's Counsel Attorney, Office ofthe Regional Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Avenue, S.W. Renton, WA 98057 TEL: 425-227-1847 FALX: 425-227-1007 ONE COPY

Michael L. Dworkin, Respondent's Counsel Michael L. Dworkin and Associates 465 California Street, Suite 210 San Francisco, CA 94104-1808 TEL: 415-421-2500 FALX: 415-421-2560 Todd C. Emerson, Esq. Director

- Government and Legal Affairs SkyWest Airlines, Respondent 444 South River Road St. George, UT 84790 TEL: 435-634-3530 FALX: 435-634-3505 FDMS Nos. FAA-2013-0617 (Civil Penalty Action)

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.

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### The Honorable Richard C. Goodwin,AdministrativeLawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 Legal Assistant FAX: 202-366-7536

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