# .......______________

SERVED: JULY 23, 2013

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF 

### SKYWEST AIRLINES FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2013

- 0293



### PROCEDURAL ORDER ; .)

In order to expedite the hearing inthis matter, the parties shall comply withthe Procedural Schedule set forth hereinbelow1

. The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2

. Those rules provide, inter alia, that the Respondent must file a written Answer ormotion withinthirty (30) days after service ofthe Complaint (14 C.P.R.§ 13.209(a)), that a general denial is deemed a failure to file an Answer (§ 13.209( e)), that failure to file an Answer without good cause is deemed an admission ofeach allegation in the Complaint (§ 13.209(f)), and that, absent agreement ofthe parties, a party seeking an extension of time mustfile a written motion not less than seven (7) days before the document is due, absent good cause shown(§ 13.213(a) and (b)). More specifically, 14 CFR § 13.209 (e) states: A person filing an answershall admit, deny, or state that the person is without sufficient knowledge or information to admit or deny, eachnumbered paragraph ofthe complaint. Any statement or allegation contained in the complaint that is not specifically denied inthe answer may be deemed an admission ofthetruth of

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing at http://www.regulations.gov. For additional information see: http://dms.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 onthe internet at: http://www.faa.gov/ about!office_orglheadquarters_offices!age/pol _adjudication/ agc400/civil _penalty/; see also: http://ecfr.gpoaccess.govlcgilt/text/text-idx?c=ecfr&tpl=l ecfrbrowse!Titlel4/ 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. 1 

### ';: 3!

## .. that allegation. A general denial ofthe complaint is deemed a failure to file an answer. UnderFAA 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 matter. 3 Compromise may be effected with or without a finding ofviolation (14 C.P.R. §13.16 (n) (1)). NOTE: This presiding Judge does not require "Discovery" be served onthe Judge. Other Judges 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. Thejudge will not discuss the case with any party, or representative on an ex parte basis. Ifa party has a non-substantive matterto discuss, they should contactMr. 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. Onorbefore November 1, 2013, the parties shall conclude all discovery including, but not limited to, depositions, document production, responses to productionrequests and/or interrogatories. Ifthe parties cannot resolve a discovery dispute they shall submitthe dispute to the undersigned for resolution in a timely manner; 3. The parties shall be prepared to present this case at a hearing on or after November 1, 2013 4

, 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 opportunityto file Post-Hearing briefs and arguments pursuantto 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

3 "Thepublic policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in order to foster frank discussions". Fiberglass Insulators. Inc. v Dupuy, 856 F. 2d 652,653 (4 Cir. 1988); Wright & Graham, FederalPractice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made in the course of settlement negotiations. 4 14 C.F:R. § 13.221 states: "The administrative lawjudge shall give each party at least 60 days notice of the date, time and location ofthehearing." Ifthe parties can agree on tentative hearing dates, they are encouraged to discuss those dates with Mr. Leibowitz and/or Ms. Matthews in orderto getthe dates reserved on thejudge's calendar. 

### 2thereafter; and anyrebuttal briefbythe Complainant shall be filed seven (7) days thereafter. 5. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistent withthe applicable rules, 5 is received bythe presiding judge.6 6. Theparties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Office ofHearings, may be delayed due to screening conducted bythe U.S. Postal Service and/or other security agencies and maytake up to four (4) weeks to be delivered. Additionally, submissions maybe "irradiated", which affects the quality ofsubmissions. The parties are encouraged, butnot required, to file submissions by private delivery service, facsimile,·or email. The certificate ofservice shall reflect the manner ofservice. The parties are encouraged to provide email addresses to expedite service of pleadings.

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# 4 Richard C. Goodwin U.S. Administrative Law Judge Attachment

- Service List

5 14 C.F.R. § 13.215 states: "At any time before or during a hearing, an agency attorney may withdraw a complaint orparty may 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 and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice." 6 See: In the Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "Order Terminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding", served January 16, 1991, at I.
3

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SERVICE LIST ORIGINAL & 

### ONE COPY
Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: HearingDocket Clerk, AGC-430 Wilbur Wright Building-Suite2W1000 1



### Todd C. Emerson, Respondent's Counsel 

### Director

- Government and Legal Affairs SkyWest Airlines 444 SouthRiver Road St. George, UT 84790 TEL: 435-634-3530 FAX: 435-634-3505 

### ONE COPY

Michael L. 

### Dworkin, Respondent's Counsel 

### MICHAEL L. DWORKIN AND ASSOCIATES 465 California Street, Suite 210 SanFrancisco, CA 94104 TEL: 415-421-2500 FAX: 415-421-2560 EMAIL: law@avialex.com Robert Spitzer, Complainant's Counsel 

### Attorney, Office ofRegional Counsel Northwest MountainRegion, ANM-7 Federal Aviation Administration 1601 Lind Avenue, S.W. Renton, 

## W A 98057 TEL: 425-227-1417 FAX: 425-227-1007 FDMS No. FAA-2013-0293 (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-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

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The Honorable Richard C. Goodwin,

### Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAX: 202-366-7536



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