### SERVED: MAY 31,2012

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF SKYWEST AIRLINES, INC. FAA DOCKET NO. CP11SWOOOO (Civil Penalty Action) FDMS NO. FAA-2011- 0680 1



### NOTICE OFHEARINGDATES NOTICE IS HEREBY GIVEN that testimony and evidence will be heard and considered on October5, 2012, inclusive, in Courtroom369,2 

### U.S. Bankruptcy Court, FrankE. Moss Courthouse, 350 S. Main Street, SaltLake City, UT 84101. Hearings will commence at 9:00 a.m. and conclude at 4:30p.m. each day. The parties shall vacate the courthouse on orbefore 5:00p.m. each day. Settled cases will not be removed from the docket until the Judge receives the proper pleading(s). Pleadings may be forwarded by fax, express mail, courier orpostal service.

Rtc
. oo win·· 

### U.S. Administrative LawJudge Attachment=·Service List

1 This is case was originally docketed as FAA Docket2011NM060033, but entered into DMS with two separate DMS numbers (FAA-2011-0779 and FAA-2011-0680) ontwo separate dates. On October4, 2011, Judge Yoder issued a pleading enumeratingthe duplicity then stating "Accordingly, that docket is closed". While the October4, 2011 pleading was captioned in part as a "Notice ofAssignment.
.." there was no language inthe pleading assigning the case. The parties will be asked to brief, in Post-Hearings briefs, the following: (1) is a formal ''Notice ofAssignment" (NOA) necessarybefore anALJ canperform any function with respect to a case?; (2) does an ALJ havejurisdiction over a case which is not assigned to him/herbylanguage in anNOA?; (3) which DMS case was "closed"bythe October4, 2011 pleading?; (4) is "closing a docket" the same as dismissing a docket/case?; (5) does closing a docket preclude the parties from havingthe issues adjudicated?; (6) has FAA-2011-0680 and/or FAA-2011-0779 been dismissed by the October4, 2011 pleading?: (7) any othermatterthe parties feel shouldbe briefed withrespect to the Order ofOctober4, 2011. 2 The parties should confirmthe courtroomthe day ofthe hearing. 1 

### 1: 38SERVICE 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 ONE COPY Todd C. Emerson, Respondent's Representative Director - Government and Legal Affairs SkyWest Airlines 444 South River Road

St. George, UT 84 790 TEL: 435-634-3530 FAJ(: 435-634-3505 Jeffrey M. Harper, Complainant's Counsel Attorney, Office of the Regional Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Avenue, S.W. Renton, WA 98057 TEL: 425-227-2161 FAJ(: 425-227-1007

The Honorable Richard C. Goodwin, Administrative Law Judge Office of Hearings, M-20 U.S. Department of Transportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2139 Attorney .. Advisor 202-366-5121 Staff Assistant F AJ(: 202-366-7536

FDMS No. FAA-2011-0680 (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 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. -2-

.. ,,