### FAXTRANSMISSION MICfiAEL L. DWORKIN a_,d ASSOCIATES Law Offices 465 California Street, Suite 210 San Francisco, California 94104-1808 Telephone: (415) 421-2500 FAX: 

### (415) 421-2560 Email: law@avialex.com The pages**comprisi~gtbis** :f.$csimile transmission contain confidential information from Michael L. Dworkin and Asgocistes. This information Is intended solely for use by the individual or entity named asthe reeipiel'lt hereof. 1fyou are not the intended recipient, be aware that any disclosure, copying, distributioM), or use ofthe contents ofthis transmission is proAKbjted. lfyou h.ave**re~e•ved** this transmission in error, please notify us by telephone**imm~diately** so we may arraRtgc to retrieve this transmission at no costto you. 

### Please deliver the following page(s): To: Robert Spitzer, Esq. Office ofHearings, M-20 1200 

### New JerseyAvenue, S.E. EastBuilding Ground Floor, Room E12-320 Federal Aviation Administration NorthwestMountain Region, ANM-7 1601 Lind Avenue, S.W. Washington,D.C. 20590 FAX:: (202)366-7536 Renton,Washington 98057 FAX: (425) 227-1007 FederalAviation Administration Attn: Heari_.g Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 800 Independence Avenue, S.W. Washington, DC 20591 FAX: (202) 493-5142 From: Michael L. 

### Dworkin Total Number ofPages: 20 (including this coverpage) Date: July 31, 2013 Re: SKYWEST AIRLINES, INC.
Memo: Sent via Fax

06/10 38\ld 8055\1 QN\1**NI~dOMQ** 09S616P9TV 6E'51 EI06/0E/L0·5 C.'tlifo:r:nia Sueet Suh:e 210 

## • San**F~:m.cisco** :alifornia 94104 

### • (415) 421-2500 ' (415) 421 "2560 vww.avial-ex.com :i"iV@avialou:om

06/60 39\ld 

### Michael L. 

### Dworkin and Associates**L:~.w Offic~;S** 

FAXAND REGULAR MAIL: 

### Federal Aviation Administration Attn: Hearing Docket Clerk, AGC-430 WilburWright Building -Suite 

### 2W1000 800 IndependenceAvenue S.W. Washington, DC 20591
RE: FAA Case No. Z011NM060095 Answerto Compl:dnt 

### and FAA Case No. 2011NM060095 july 31, 2013

ConsolidatedFDMS Case Nos.: FAA-2012-0869; FAA-2012-0868; FAA-2012"0874; FAA-2012-0872; FAA-2012-0873; FAA-2012·0904 Motion to Consolidate

Dear Hearing Docket Clerk:
Enclosedherewithfor filing are the following documents: SkywestAirlines, Inc's Answer to Complaint and Motion to Consolidate.

JOSS\! GN\1**NI~dOMQ** 6E'51 E106/0E/L001:/E0 39\ld 

### We requestthat a hearing take place in Salt Lake City, Utah or St. 

### George. We 

### are unavailable on the 

### following dates:
• 8/14/13- 10/Z/13 • 10/22/13 -10/25/13

.. 10/28/13- 11/1/13 e 

### 12/23/13- 1/3/14 • 2/25/14-2/28/14

cc: Office 

### ofHearings, M-20 

### Robert Spitzer, Esq. FAA,ANM-7 

### Client

80SS\I ON\1**NI~dOMO** 

### Verytrulyyours,

# (1~ Caitlin M. Miller 

### Legal Assistant

0%1:T1:P9HTodd C. Emerson, #8175 444 South**Rive~** Road St. George, Utah, 84790 Telephone: (435) 634-3530 Facsimile; (435) 634-3505 Email: temerson@skywest.com

- aud

- Michael L. Dworkin#64047 MICHAEL L. DWORKIN AND ASSOCIATES 465 California Street, Suite 21 0 Sau Francisco, California 94104 Telephone: (415) 421-02500 Facsimile: (415) 421-2560 Email: 1aw@avialex.com Attorneys for SkyWest Aidines, Inc.

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF 

### HEARINGS

WASHINGTON, D.C. In the Matter of:

SKYWEST AIRLINES, INC. FDMS Case Nos.: FAAFAA Case No.: 2011NM060095 SKYWEST AIRLINES, INC.'S

ANSWERTO COMPLAINT Judge: NotAssigned

SkyWest Airlines, Inc. ("SkyWest"), by its counsel, hereby files its Answer to Complaint, pursuantto Rule 209 ofthe Rules ofPractice (14 C.F

### .R. 13.209), and states as follows:

01:/P0 39\ld 8055\1 QN\1**NI~dOMQ**I. Answering Section I. ofthe Complaint:
1. Sky West admits that it was advised through a FinalNotice ofProposed Civil Penalty on July 18, 2013 thatthe Federal Aviation Administration, the Complainant herein, proposed to assess a civil penalty inthe amount of$40,000, and onJuly 23, 2013 SkyWest submitted
a timely written requestfor a hearing. Except as expressly admitted above, SkyWest denies each and every, all and singular, allegations contained therein, ao.d each ao.d every part thereof, both generally ao.d specifically, conjunctively and disjunctively.
II. Answering Section II. ofthe Complaint:
1. Answering Paragraph 1, SkyWest admits that it is now and was at all times material hereto, the holder ofScheduled Air Carrier CertificateNo. SWIAOllA, and conducts its operations pursuant to Part 121 ofthe Federal Aviation Regulations (FAR). Except as expressly admitted above, Sky West denies each andevery, all and singular, allegations containedtherein, and each and every

### part thereof, both generally and specifically, conjunctively and disjunctively.
2. Answering Paragraph 2, SkyWest admits that Paragraph DOSS ofits Operations Specifications (Op Specs) authorizes SkyWest to use N742SK, a Bombardier CL-600- 2Cl0 civil aircraft, in the conduct ofits Part 121 operations. Sky West further aversthat Paragraph DOS5 further speaks for itself. Except as expressly admitted above, Sky West

01:/S0 39\ld FDMS Case No. FAA Case...,N"'o-.-,.,.2o"'t"'t"'N=-M"'o"'6"'o"'o9::-:5-:-- SKYWEST AIRLINES, lNC.'S ANSWER TO COMPLAINT 2 8055\1 ON\1**NI~~OMO** I:E'5T ET01:/0E/L0denies each and every, all and singular, allegations contained therein, and each and every partthereof, both generally and specifically, conjunctively and disjunctively.
3. Answering Paragraph 3, SkyWest admits thatParagraph A098 ofits OpSpecs requires that aircraft loading for Bombardier CL-600-2B 19 aircraft be accomplished in accordance with SkyWest's Weight & Balance Operations Manual, SP4100 (W&B Manual). SkyWest further avers that Paragraph A098 and its W&B Manual speak for themselves. Except as expressly admitted above, SkyWest denies each and every, all and singular, allegations contained therein, and each and everypart thereof, both generally and specifically, conjunctively and disjunctively.
4. Answering Paragraph 4, SkyWest admits that SkyWest's W&B Manual contains, 

### inter alia, the loading schedules and instructions for Sky West's Bombardier CL-600-2C10 aircraft. Except as expressly admitted above, SkyWest denies each and every, all and singular, allegations contained therein, and each and every partthereof, both generally and specifically, conjunctively and disjunctively.
5. Answering Paragraph 5, Sky West admits that SkyWest's W&B Manual defmes "Standard Checked Bags" as checked bags weighing 50 pounds orless. Except as expressly admitted above, SkyWest denies each and every, all and singular, allegations contained therein, and eachand every part thereof, both generally and specifically, conjunctively and disjunctively.
6. Answering Paragraph 6, SkyWest's W&B Manual states, inpertinent part: "designated CS Ground Operations loading agent evaluates the classification ofall checked baggage (either FDMS Case No.

06/90 39\ld FAA Case-,N 7 o-.:-:2:-:0-::1:-:1N"'M=0-::60:-:0:-:9c::5-- SKYWEST AlRUNES, INC.'S ANSWER TO COMPLAINT 3
8055\1 QN\1**NI~~OMQ** 6E'51 E10G/0E/L0standard or heavy). The designated loading agent must markthe number ofstandard and heavy checked baggage ontho: CLR." Except as expressly admitted above, SkyWest denies each and every, all and singular, allegations containedtherein, and each and every part thereof, bothgenerally and specifically, conjunctively and disjunctively.
7. Answering Paragraph 7, SkyWest admits that Sky West's W&B Manual states, inpertinent pact: "[ u]pon completion ofloading the cargo bin/pit, the designated loading agent must verify the piece count ofall Standard Checked, Heavy Checked, and Planeside Loaded/Service Item Baggage
...". Exceptas expressly admitted above, Sky West denies each and every, all and singular, allegations contained therein, and each and every part thereof, both generally and specifically, conjunctively and disjunctively.
8. Answering Paragraph 8, SkyWest admits th4t SkyWest's W&B Manual states, inpertinent partthatthe flight deck crewmember will use the information from the CLRto construct the ACARS load manifest. Except 

### as expressly admitted above, SkyWest denies each and every, all and singular, allegations contained therein, and each and every part thereof, both generally and specifically, conjunctively and disjunctively.
9. Answering Paragraph 9, Sky West admits that SkyWest's W&B Manual requires the loading agentto markthe number ofstandard checkedbags on the Cargo Load Report (CLR). Except as expressly admitted above, SkyWest denies each and every, all and singular, allegations contained therein, and each and every part thereof, both generally and specifically, conjunctively and disjunctively.

01:/L0 39\ld FDMS Case No.-:-:--=====,--- FAACase No.: 2011NM060095 SKYWEST AlRLlNES, JNC.'S ANSWER TO COMPLAINT 4
8055\1 GN\1**NI~dOMQ** 1:E'61 E106/0E/L010. Answering Paragraph 

### lO, SkyWest admits that SkyWest's W&B Manual contains the warning: 

## '.&.**WA~NI!>IG** •INACCURATE lOADING, REPORTING, OR 'rAtl..liiRE TO RE!'ORT**I'NI'OAM.l\TIO~** C•Ol.lUl CAUSE ISSUES 'WITH AIRCRAFT PERFORMANCE AND HANDLING\, RESULTlNI>**·~'!_.!HE_5.':'~NG'§!',ME~!,_<:>~-~':''rl!~.i;:l,!"§,.,**__ , • .,.,.,•••. - ..-·--· Except as expressly admitted above, SkyWest denies each and every, all and singular, allegatiO!lS containedtherein, and each and every part thereof, both generally and specifically, conjunctively and disjunctively,
11. Answering Paragraph 11, SkyWest admits that onJuly 14,2011, at George Bush Intercontinental/HoustonAirport (IAH), Houston, Texas, Sky West loaded passengers and baggage onto N742SK, to be operated as Flight 1160 bound for Colorado Springs Municipal Airport (COS), Colorado Springs, Colorado. Except as expressly admitted above, SkyWest denies each and every, all and singular, allegations contained therein, and each and everypart thereof, both generally and specifically, conjunctively and disjunctively.
12. Answering Paragraph 12, SkyWest admits that 43 standard checked bags were loaded onto N742SK. Except as expressly admitted above, Sky West denies each and every, all and singular, allegations contained therein, 3l;)d each and every part thereof, both generally and specifically, conjunctively and disjunctively.
13. Answering Paragraph 13, SkyWest is without information orbeliefsufficientfor it to
answer said Paragraph and, accordingly, denies each and every, all and singular, allegations

00/80 39\ld FDMS Case No. FAA Case-:N::o-.-, 2"'0:-:1-:-1:-:No:-M:;:0:-:6:::0:::09:::5:---- SKYWEST AIRLINES, INC.'S ANSWER TO COMl'LAINT 5 8055\1 QN\1**NI~~OMQ** 09So1C:PSTPcontained therein, and each and every pru:tthereof, both generally and specifically, conjunctively and disjunctively.
14. Answering Paragraph 14, Sky West admits that CLRdata is generally utilized to construct ACARS load manifests, but avers that CLR data is but one component ofthe datautilized to construct suchmanifests. Except as expressly admitted above, Sky West denies each and every, all and singular, allegations contained therein, and each and every partthereof, both generally and specifically, conjunctively and disjunctively,.
15. Answering Paragraph 15, SkyWest N742SK was operated as Flight 1160 to COS. Except
as expressly admitted above, SkyWest denies each and every, all and singular, allegations contained therein, and each and every part thereof, both generally and specifically, conjunctively and disjunctively.
III. Answering Section III. ofthe Complaint:
l. Answering Paragraph l, and subparagraphs I.a., l.b., l.c., !.d. and I.e, SkyWest denies each and every, all and singular, allegations contained therein, and each and every part thereof, both generally and specifically, conjunctively and disjunctively, and specifically denies that it violated the cited sections ofthe FAR's, or any other provisions ofthe FAR's. Moreover, in FDMS Nos. FAA-2011-0485, "0486 and-0779, which pertained to substantially similar facts and issues as this instant matter, the Administrative LawJudge, in l:ris Initial Decision served onMay 2, 2013, held that violations ofF AR Sections

06/50 39\ld F:OMS Case**No.~~~~~~~-­** FAA Case No.: 2011NM060095 SKYWEST AIRLINES, INC.'S ANSWERTO COMPLAINT 6
80551! QN\1**NI~~OMQ** cE'51 E106/0E/L0121.693(a), 121,693(c) and 121.693(d) had notbeen established. Complainanthas not alleged any facts in this case that would suggest that this matter be treated any differently.
2. Answering Paragraph 2, SkyWest avers that Sections 46301(a) and (d) of Title 49 ofthe United States Code (U.S.C.) (Tratzsportation)(49 U.S.C. Sections 46301(a) and (d)], speak for themselves.
3. Answering Paragraph 3, SkyWest denies each and every, all and singular, allegations contained therein, and each and every 

### part thereof, both generally and specifically, conjunctively and disjunctively, and specifically denies that a civil penalty of $40,000, or in any other amount, is appropriate.
FIRST AFFIRMATIVE DEFENSE As and for a separate and distinct defense, SkyWestalleges: 

### I. The sanction sought by Complainant is unwarranted bythe facts, safety incommerce and the publicinterest and is not only excessive, but, far exceeds policy, precedent and Complainant's
own SanctionGuidance Table. Further, the sanction is compounded, in violation of Complainant's own Compliance and Enforcement Handbook and Sanction Guidance Table.

SECOND AFFIRMATIVE DEFENSE As and for a separate distinct defense, SkyWest alleges: 

### I. The Complainant's case, is unwarranted and withoutbasis orjurisdiction 

### in law or fact.

06/01 39\ld FDMS Case No. FAA Case--;N:;-o-.;-:;2:-;;:0:-:ll;:cN;;:M-;:0:-::6::::00::-::9:::-5

-- SKYW:eST AlRUNES, lNC.'S ANSWER TO COMPLAINT 7
80551:1 GN\1**NI~~OMG**THIRD AFFIRMATIVE DEPENSE As and for a separate distinct defense, SkyWest alleges: I. The complained ofaircraft weight differentials, ifany, 

### were nominal atbest and had absolutely no effect on aircraft center ofgravity, performance, performance computations or 

### safety.

FOURTH AFFIRMATIVE DEFENSE As and for a separate distinct defense, SkyWest alleges: J_ SKYWESThas proactively mitigated any and all damage such thatthis action is unwarranted 

### by policy orthe need for safety. Specifically, SkyWest has:

0G/H 39\ld 1. Counseled all personnel involved inthe loading at1d counting ofthe bags following each ofthe alleged incidents;
n. Issued numerous Customer Service Training Bulletins directed atproviding additional training in avoiding bag count discrepancies;
ru. Issued Customer Service Training Bulletin 2012-01, Verbal Verification ofCargo Load Report (CLR) Contents, directed at ensuring all baggage and cargo is accurately reportedto the Pilot-in-Command; 1v. Issued Customer Service Training Bulletin 2012"56, Heavy Indicator on Baggage Tags, directed at providing additional training in avoiding bag count
l'DMS Case No.**~-~~~~c-o--­** FAA Case No.: lOllNM060095 SKYWEST AffiLINES, INC.'S ANSW:ER TO COMPLAINT 8
8055\1 QN\1**NI~~OMQ** 0%612:1>911> 2:E'51 E102:/0E/L0discrepancies;
v. Updated and rc:v:iscd its aircraft loading procedUres, including butnot limitedto those setforth in its Station Operations Manual and Weight & Balance Operations Manual to specifically address said problems and ensure future compliance; vi. Implemented initiatives to ensure all stations are physically staffed to allow one agent to directly account for the aircraft loading process on each flight, to ensure accurate physical baggage counts, cargo weights, and weight and balance communication with flight deck crews;
vu. Performed ongoing and continuing internal evaluations ofcargo load reporting to
ensure that compliance 

### is being achieved; and viii. Taken othercorrective actions to preventrecurrence,

FIFTH AFFIRMATIVE DEFENSE As andfor a separate distinct defense, SkyWest alleges: I. The average weightprograms contemplated by AC120-27E fully acknowledges thatthe
use ofactual baggage and passenger weights are impractical, and by theirvery nature, permit discrepancies between what is contailted in the load manifest and the actual weight ofthe aircraft. Moreover, Sky West has attempted to obtain FAA approval ofa modification to its W&B Program, similarto thatwhichthe FAA has previously approved for at least one other FAR 121-certificated air carrier, to permit small variances inbaggage counts, necessitated by

01:/2:1 39\ld FDMS Case No. FAA Case"'N"'o-.-, 2"'0"'1..,1N=M=o"'6""00'"'9""5,--- SKYWEST AIRLINES, INC.'S ANSWER 1:0 COMPLAINT 9
80SS\I QN\1**NI~~OMQ** 09SI:1Z:PS1P I:E'51 E101:/0E/L0operational considerations. Despite SkyWest's having demonstrated that at leastan equivalent level ofsafety canbe maintained, the FAA has arbitrarily and unreasonably refused Sky West's requests, apparently preferring to initiate enforcement actions and seek the imposition ofexorbitant civil penalties 

### for small variances inbaggage counts eventhough there hasbeen no adverse effect, whatsoever, on safety.

SIXTH AFFIRMATIVE DEFENSE 

### As and for a separate distinct defense, Sky West alleges: 

### I. Any and all discrepancies upon which these actions are based are theproduct ofsimple human arithmetic error and in no way are indicative ofSkyWest's regulatory compliance disposition as all relevant employees were adequately trained and qualified and have since received additional training and internal audits have since shown that compliance levels have been achieved.



### SEVENTI:! AFFIRJ\1ATIVE DEFENSE As and for a separate distinct defense, SkyWest alleges: I. SKYWEST has taken 

### all necessary corrective actions to avoid repeated mishaps such that additional penalties are redundant and 

### will 

### not result in any increase in safety.

06/ET 39\ld 

### EIGHTH AFFIRJ\1ATIVE 

### DEFENSE

FDMS Case No.**~-----c=====:--­** FAA Case No.: 2011NM060095 SKYWEST AIRLINES, INC.'S ANSWER TO COMPLAINT 

### lO 80SS\I QN\1**NI~~OMQ**As and for a separate distinct defense, SkyWest SKYWEST alleges:
I.
In October2012, TheHonorable Richard C. Goodwin, Administrative Law Judge, heard multiple cases1 withthe same or extremely similar facts where Complainant sought a $33,000 penalty per flight and inhis Initial becision served onMay 2, 2013, Judge Goodwin determined that theproper sanction for each case was $250, Complainant did not appeal. Notwithstanding 

### this, Complainant now seeks even

### a more outlandish civil penalty of$40,000 per flight. 

### Il. Further, Judge Goodwin found that Complainant was unable to prove violations ofFAR Sections 121.693(a), (c) and (d) based onthe evidence and arguments submitted at trial. Complainant did not appeal. However, Complainant has again alleged substantially similar facts and issues andhas again alleged the very same violations ofFAR Sections 121.693(a), (c) and (d). Precedent establishes that Complainant cannotprove said violations as alleged inthe complaint. Wf!EREFORE, it is prayed that the Administrative LawJudge not enter an order that SkyWestbe assessed a civil penalty inthe amount of$40,000.00, or in any other amount; that the Complaintbe dismissed with prejudice; and for such other and further reliefas rnay be deemed appropriate.

1 FDMS Nos. FAA-2011-0485, -0486 and ·0779.

02: /PT 3911d FDMS Case No, FAA Case-:N-:-o-.:--:Z:::O:cll:-:NMc;;:-:;O::c6;-;:0oc09;:-;5:--- SKYWEST AIRLINES, INC.'S ANSWER TO COMPLAINT 1l
805511 QN\1**NI~~OMQ** B9S2:12:vS1vDATED this 31st day ofJuly, 2013.

06/S1 39\ld MICHAEL L. DWo:RKil.J and SSOCIATES

Michael L. Dworkin Co-Counsel for SkyWestAirlines, Inc.

FDMS Case No. FAA Case-::N::-o-.:-:2:-::0:-:11:::-N:c:M-=:0:-:6"'00;::9:::5-- SKYWEST AIRLINES, INC.'S ANSWER TO COMPLAINT 12
805511 GN\1**NI~dOMG** 6E:51 E106/0E/L0CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 31st day ofJuly, 2013, a true and correct copy ofthe foregoing SKYWEST AIRLINES, INC.'S ANSWERTO COMPLAINT was served as follows:

01:/91 39\ld Office ofHearings, M-20 1200 New Jersey Avenue, S.E. East Building Ground Floor, Room El2-320 Washil::tgton, D.C. 20590 FAX: (202) 366-7536 {FAX and Regular Mall} Federal Aviation Administration Attn: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding- Suite 2W1000 800 Independence Avenue, S.W. Washington, DC 20591 FAX: (202) 493-5142 {FAX and Regular Mail}

FDMS Case No. Robert Spitzer, 

### Esq. Federal Aviation Administration NorthwestMountain Region, ANM-7 1601 Lind Avenue, S.W. Renton, Waslrington 98057 FAX: (425) 227-1007 {FAX and Regular Mail }
Todd C. Emerson, #8175 SKYWEST AIRLINES, INC. 444 South River Road St. George, Utah, 84790 Telephone: (435) 634-3530 FAX: (435) 634-3505 Email: temerson@skywest.com {Email}

FAA**Case'""N""o-.:-::;2c;c01;-:1 N;;-M:;:;0:::6:;:;00;;;9~5--**  SJ<YWEST AIRLINES, lNC.'S ANSWER TO COMPLAlNT 13
8055\1 QN\1**NI~dOMQ** 0991: 11:PS 1P 1:E:51 E101:/0E/L0Todd C. Emerson, #8175 444 South River Road St. George, Utah, 84790 Telephone: (435) 634-3530 Facsimile: (435) 634-3505 Email: temerson@skywest.com-andMichael L. Dworkin#64047 MICHAEL 

### L. DWORKIN AND ASSOCIATES 465 California Street, Suite 210 SanFrancisco, California 94104 Telephone: (415) 421-02500 Facsimile: (415) 421-2560 Email: law@avialex.com Attorneys for Sky WestAirlines, Inc.

UNITED STATES OF AMEIUCA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASBINGTON, D.C.
In the Matter of:

SKYWEST AIRLINES, INC.

02:/LT 39\ld 8055\1 QN\1**NI~~OMQ** FDMS Case No.:
_______ _ FAA CaseNo. 2011NM060095 Consolidated FDMS Case Nos.: FAA-2012- 0869; FAA-2012- 0868; FAA-2012-0874; FAA-2012-0872; FAA-2012-0873; FAA2012-0904 SKYWEST AIRLINll:S, INC.'S MOTION TO CONSOLIDATE Judge: Not Yet Assigned

2:E'61 E102:/0E/L0On July 1, 2013, the Honorable Richard C. Goodwin issued an Order consolidating the following cases: FDMS Case Nos.: FAA-2012-0869; FAA-2012- 0868; FAA-2012·0874; FAA2012-0872; FAA-2012-0873; FAA-2012-0904. 1 The hearing inthese cases has not yet been scheduled. Pursuant to 14 CPR Section 302.410, Consolidation ofProceedings, SkyWest Airlines, Inc. ("Sky West"), by its counsel, hereby requests the Court consolidate FDMS CaseNo.**~------** (FAA Case No. 2011NM060095) wi.th Case Nos.: FAA-2012-0869; FAA-2012- 0868; FAA-2012-0874; FAA-2012-0872; PAA-2012-0873; and FAA-2012-0904 and wi.th I)ewly docketed FAA CaseNo. 2012NM060014. All matters involve the same parties, are based onthe same cargo loading procedures, have similar facts (miscounted baggage loaded OIItO aircraft), allege violation ofthe same Federal Aviation Regulations (FAR's 119.5(g) and 

### (1), and l21.693(a), (c), and (d)) and SkyWest has asserted the same or similar affirmative defenses in all cases. Consolidating these matters will be conducive to the dispatch ofbusiness ar:td to the ends of justice and will not unduly delay the proceedings. 

### II II II II

1FDMS Case No. FAA-20 12-0776 was not consolidated, citing issues different from the issues presented in the above**matte~s.** FAA Case No. 2011NM060095 SKYVIIEST AIRLINES, INC.'S MOTION l'O CONSOLIDATE 2
GZ:/81 39\!d 80SSI1 ON\!**NI~dOMO** 0%Z:1Z:v91P Z:E'61 E10Z:/0E/L0WHEREFORE, it is prayed that the Administrative LawJudge consolidate the all cases referenced above for hearing. Respectfully submitted,

# ~kb~l L.

# ~,>;n Co-counsel for SkyWestAirlines, inc. Datedthis 31st 

### day ofJuly, 20 13.

01:/51 38\ld FAA Case No. 20UNM060095 SKYWEST AIRLINES, INC.'S MOTION TO CONSOLIDATE 3
80551! GN\1**NI~~OMG**

### CERTIFICATE OF SERVICE The undersigned hereby certifies that on July 31, 2013, 

### a true and correct copy ofthe foregoing SKYWEST AIRLINES, INC'S MOTION TO CONSOLIDATE
was 

### served as 

### follows:

06/06 39\ld

### Office ofHearings, M-20 1200 New Jersey Avenue, S.E. 

### EastBuilding Ground Floor, Room El2-320 Washington, D.C. 20590 

### FAX: (202) 366-7536 

### {FAX and Regular Mail} Federal AviationAdministration Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 800 

### Independence Avenue, S.W. Washington, DC 

### 20591 FAX: (202) 

### 493-5142 {FAX and Regular Mail} Robert Spitzer, Esq. 

### Federal Aviation Administration Northwest Mountain Region, ANM-7 1601 

### Lind Avenue, S.W. Renton, Washington 98057 

### FAX: (425) 227-1007 

### {FAX and RegularMail}
Todd C. 

### Emerson, #8175 

### SKYWEST AIRLINES, INC. 

### 444 SouthRiver Road St. George, Utah, 

### 84790 Telephone: (435) 634-3530 FAX: (435) 634·3505 

### Email: temerson@skywest.com {Email}

Caitlin 

# mer

FAA Case No. 20l1NM060095 SKYWEST AIRLINES, INC.'S MOTION TO CONSOLIDATE 4
805511 QN\1**NI~dOMQ** 09S616PS1P 6E'61 E106/0E/L0