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Law Offices 

465 California Street, Suite 210 

San Francisco, California 94104-1808 

Telephone: (415) 421-2500 

FAX: (415) 421-2560 

Email: law@avialex.com 

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Please deliver the following page(s): 

To: Office of Hearings, M-20 Robert Spitzer, Esq. 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, 

Room E12-320 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue, S.W. 

Washington, D.C. 20590 

FAX:: (202)366-7536 

Renton, Washington 98057 

FAX: (425) 227-1007 

Federal Aviation 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 of Pages: 20 (including this cover page) 

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 

FAX AND REGULAR MAIL: 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building -Suite 2W1000 

800 Independence Avenue S.W. 

Washington, DC 20591 

RE: FAA Case No. Z011NM060095 

Answer to Compl:dnt 

and 

FAA Case No. 2011NM060095 

july 31, 2013 

Consolidated FDMS 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: 

Enclosed herewith for filing are the following documents: 

Skywest Airlines, Inc's Answer to Complaint and Motion to 

Consolidate. 

JOSS\! GN\1 NI~dOMQ 6E'51 E106/0E/L0 
01:/E0 39\ld 

We request that 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 of Hearings, M-20 

Robert Spitzer, Esq. 

FAA,ANM-7 

Client 

80SS\I ON\1 NI~dOMO 

Very truly yours, 

(1~ Caitlin M. Miller 

Legal Assistant 

0%1:T1:P9H 
Todd C. Emerson, #8175 

444 South Rive~ Road 

St. George, Utah, 84 790 

Telephone: (435) 634-3530 

Facsimile; (435) 634-3505 

Email: temerson@skywest.com 

- aud -

Michael L. Dworkin #6404 7 

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 Sky West 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 

ANSWER TO COMPLAINT 

Judge: Not Assigned 

Sky West Airlines, Inc. ("Sky West"), by its counsel, hereby files its Answer to 

Complaint, pursuant to Rule 209 of the Rules of Practice (14 C.F .R. 13 .209), and states as 

follows: 

01:/P0 39\ld 8055\1 QN\1 NI~dOMQ 
I. 

Answering Section I. of the Complaint: 

1. Sky West admits that it was advised through a Final Notice of Proposed Civil Penalty on 

July 18, 2013 that the Federal Aviation Administration, the Complainant herein, proposed 

to assess a civil penalty in the amount of $40,000, and on July 23, 2013 Sky West submitted 

a timely written request for a hearing. Except as expressly admitted above, Sky West 

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. of the Complaint: 

1. Answering Paragraph 1, Sky West admits that it is now and was at all times material hereto, 

the holder of Scheduled Air Carrier Certificate No. SWIAOllA, and conducts its 

operations pursuant to Part 121 of the Federal Aviation Regulations (FAR). Except as 

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. 

2. Answering Paragraph 2, Sky West admits that Paragraph DOSS of its Operations 

Specifications (Op Specs) authorizes Sky West to use N742SK, a Bombardier CL-600-

2Cl0 civil aircraft, in the conduct of its Part 121 operations. Sky West further avers that 

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/L0 
denies each and every, all and singular, allegations contained therein, and each and every 

part thereof, both generally and specifically, conjunctively and disjunctively. 

3. Answering Paragraph 3, Sky West admits that Paragraph A098 of its 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, 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. 

4. Answering Paragraph 4, Sky West 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, 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. 

5. Answering Paragraph 5, Sky West admits that Sky West's W&B Manual defmes "Standard 

Checked Bags" as checked bags weighing 50 pounds or less. Except as 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. 

6. Answering Paragraph 6, Sky West's W &B Manual states, in pertinent part: "designated CS 

Ground Operations loading agent evaluates the classification of all checked baggage (either 

FDMS Case No. 

06/90 39\ld 

FAA Case-,N7 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/L0 
standard or heavy). The designated loading agent must mark the number of standard and 

heavy checked baggage on tho: 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. 

7. Answering Paragraph 7, Sky West admits that Sky West's W &B Manual states, in pertinent 

pact: "[ u]pon completion of loading the cargo bin/pit, the designated loading agent must 

verify the piece count of all Standard Checked, Heavy Checked, and Planeside 

Loaded/Service Item Baggage ... ". Except as 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, Sky West admits th4t Sky West's W&B Manual states, in pertinent 

part that the flight deck crewmember will use the information from the CLR to construct 

the ACARS load manifest. Except as 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. 

9. Answering Paragraph 9, Sky West admits that Sky West's W&B Manual requires the 

loading agent to mark the number of standard checked bags on the Cargo Load Report 

(CLR). Except as 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. 

01:/L0 39\ld 

FDMS Case No.-:-:--=====,--- FAA Case No.: 2011NM060095 

SKYWEST AlRLlNES, JNC.'S ANSWER TO COMPLAINT 

4 

8055\1 GN\1 NI~dOMQ 1:E'61 E106/0E/L0 
10. Answering Paragraph lO, Sky West admits that Sky West'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, Sky West denies each and every, all and singular, 

allegatiO!lS contained therein, and each and every part thereof, both generally and 

specifically, conjunctively and disjunctively, 

11. Answering Paragraph 11, Sky West admits that on July 14,2011, at George Bush 

Intercontinental/Houston Airport (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, 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. 

12. Answering Paragraph 12, Sky West 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, Sky West is without information or belief sufficient for 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:PSTP 
contained therein, and each and every pru:t thereof, both generally and specifically, 

conjunctively and disjunctively. 

14. Answering Paragraph 14, Sky West admits that CLR data is generally utilized to construct 

ACARS load manifests, but avers that CLR data is but one component of the data utilized 

to construct such manifests. Except as 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,. 

15. Answering Paragraph 15, SkyWest N742SK was operated as Flight 1160 to COS. Except 

as 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. 

III. 

Answering Section III. of the Complaint: 

l. Answering Paragraph l, and subparagraphs I.a., l.b., l.c., !.d. and I.e, 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, and specifically 

denies that it violated the cited sections of the FAR's, or any other provisions of the 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 Law Judge, 

in l:ris Initial Decision served on May 2, 2013, held that violations ofF AR Sections 

06/50 39\ld 

F:OMS Case No.~~~~~~~-­

FAA Case No.: 2011NM060095 

SKYWEST AIRLINES, INC.'S ANSWER TO COMPLAINT 

6 

80551! QN\1 NI~~OMQ cE'51 E106/0E/L0 
121.693(a), 121,693(c) and 121.693(d) had not been established. Complainant has 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 of the 

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, Sky West alleges: 

I. 

The sanction sought by Complainant is unwarranted by the facts, safety in commerce and the 

public interest and is not only excessive, but, far exceeds policy, precedent and Complainant's 

own Sanction Guidance 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, Sky West alleges: 

I. 

The Complainant's case, is unwarranted and without basis or jurisdiction 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, Sky West alleges: 

I. 

The complained of aircraft weight differentials, if any, were nominal at best and had 

absolutely no effect on aircraft center of gravity, performance, performance computations or 

safety. 

FOURTH AFFIRMATIVE DEFENSE 

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

J_ 

SKYWEST has proactively mitigated any and all damage such that this action is 

unwarranted by policy or the need for safety. Specifically, Sky West has: 

0G/H 39\ld 

1. Counseled all personnel involved in the loading at1d counting of the bags 

following each of the alleged incidents; 

n. Issued numerous Customer Service Training Bulletins directed at providing 

additional training in avoiding bag count discrepancies; 

ru. Issued Customer Service Training Bulletin 2012-01, Verbal Verification of Cargo 

Load Report (CLR) Contents, directed at ensuring all baggage and cargo is 

accurately reported to 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/L0 
discrepancies; 

v. Updated and rc:v:iscd its aircraft loading procedUres, including but not limited to 

those set forth 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 of cargo load reporting to 

ensure that compliance is being achieved; and 

viii. Taken other corrective actions to prevent recurrence, 

FIFTH AFFIRMATIVE DEFENSE 

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

I. 

The average weight programs contemplated by AC120-27E fully acknowledges that the 

use of actual baggage and passenger weights are impractical, and by their very nature, permit 

discrepancies between what is contailted in the load manifest and the actual weight of the 

aircraft. 

Moreover, Sky West has attempted to obtain FAA approval of a modification to its W &B 

Program, similar to that which the FAA has previously approved for at least one other FAR 

121-certificated air carrier, to permit small variances in baggage 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/L0 
operational considerations. Despite Sky West's having demonstrated that at least an 

equivalent level of safety can be maintained, the FAA has arbitrarily and unreasonably 

refused Sky West's requests, apparently preferring to initiate enforcement actions and seek 

the imposition of exorbitant civil penalties for small variances in baggage counts even though 

there has been 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 the product of simple 

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, Sky West 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\1A TIVE 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, Sky West SKYWEST alleges: 

I. 

In October 2012, The Honorable Richard C. Goodwin, Administrative Law Judge, heard 

multiple cases 

1 with the same or extremely similar facts where Complainant sought a $33,000 

penalty per flight and in his Initial becision served on May 2, 2013, Judge Goodwin determined 

that the proper 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 of FAR 

Sections 121.693(a), (c) and (d) based on the evidence and arguments submitted at trial. 

Complainant did not appeal. However, Complainant has again alleged substantially similar facts 

and issues and has again alleged the very same violations of FAR Sections 121.693(a), (c) and 

(d). Precedent establishes that Complainant cannot prove said violations as alleged in the 

complaint. 

Wf!EREFORE, it is prayed that the Administrative Law Judge not enter an order that 

Sky West be assessed a civil penalty in the amount of $40,000.00, or in any other amount; that 

the Complaint be dismissed with prejudice; and for such other and further relief as 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:vS1v 
DATED this 31st day of July, 2013. 

06/S1 39\ld 

MICHAEL L. DWo:RKil.J and SSOCIATES 

Michael L. Dworkin 

Co-Counsel for SkyWest Airlines, 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/L0 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on this 31st day of July, 2013, a true and correct 

copy of the foregoing SKYWEST AIRLINES, INC.'S ANSWER TO 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 Wright Building- 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 

Northwest Mountain 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/L0 
Todd 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 

San Francisco, California 94104 

Telephone: (415) 421-02500 

Facsimile: (415) 421-2560 

Email: law@avialex.com 

Attorneys for Sky West Airlines, 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 Case No. 2011 NM060095 

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/L0 
On 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 in these cases has not yet been scheduled. 

Pursuant to 14 CPR Section 302.410, Consolidation of Proceedings, Sky West Airlines, 

Inc. ("Sky West"), by its counsel, hereby requests the Court consolidate FDMS Case No. 

~------ (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 Case No. 2012NM060014. 

All matters involve the same parties, are based on the same cargo loading procedures, 

have similar facts (miscounted baggage loaded OIItO aircraft), allege violation of the 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 of business ar:td to the ends 

of justice and will not unduly delay the proceedings. 

II 

II 

II 

II 

1 FDMS Case No. F AA-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/L0 
WHEREFORE, it is prayed that the Administrative Law Judge consolidate the all cases 

referenced above for hearing. 

Respectfully submitted, 

~kb~l L. ~,>;n Co-counsel for Sky West Airlines, inc. 

Dated this 31st day of July, 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 

of the foregoing 

SKYWEST AIRLINES, INC'S MOTION TO CONSOLIDATE 

was served as follows: 

06/06 39\ld 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, 

Room El2-320 

Washington, D.C. 20590 

FAX: (202) 366-7536 

{FAX and Regular Mail} 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

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 Regular Mail} 

Todd C. Emerson, #817 5 

SKYWEST AIRLINES, INC. 

444 South River 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