>5 Cali.fotnia S(reec 

Suite 210 

• 

Sao. ];<'J,"a.nci$co 

:alifornia 94HJ4 

• 

(4!5) 421-2500 

" (415) 421·2560 

www.avialo:.com 

la.w@aviale};;.com 

E/:/1:0 39\!d 

Michael L. Dworkin and Associates 

Law Offic~ 

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: SKYWEST AIRLINES, INC. 

FAA Case No. 2012NM060014: 

Answer to Complaint 

SKYWEST AIRLINES, INC. 

FAA Case No. :Z.012NM060014 

July 31, 2013 

Notlce of Association and Appearance of Counsel 

and 

SKYWEST AIRLINES, INC 

FAA Case No. 2012NM060014 

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, Notice of 

Association and Appearance of Counsel, and Motion to Consolidate. 

80551! QNI! NI~dOMQ 09S/:1/:PS1P sv:s1 E106/0E/L0 
EC:/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: 

• B/14/.13- 10/2/13 

" 10/22/13 -10/25/13 

• 10/28/13-11/1/13 

• 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 

8055\1 QN\1 NI~~OMQ 

Very truly yours, 

Cad 

Caitlin M. Miller 

Legal Assistant 

09SC:1C:PS1P Sv:s1 E10G/0E/L0 
Todd C. Emerson, #8175 

444 South Ri,ver Road 

St. George, Utah, 84 790 

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 AMERlCA 

DEPARTMENT OF TRANSPORTA'I'ION 

OFFICE OF HEARINGS 

WASIDNGTON, D.C. 

ln the Matter of: FDMS Case Nos.: FAAFAA Case No.: 2012NM060014 

SKYWEST AJRLINES, INC. 

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: 

E1:/P0 39\ld 8DSSI7 GN\7 NI~~OMQ 0991:11:P91P 9P'B1 E101:/0E/L0 
I. 

Answering Section I. of the Complaint: 

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

July 24, 2013 that the Federal Aviation Administmtion, the Complainant herein, proposed 

to assess a civil penalty in the amount of $40,000, and on July 30, 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, and each and every 

part the;eof, both generally and 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. S'WIAO llA, 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 D085 of its Operations 

E<C/90 39\ld 

Specifications (Op Specs) authorizes Sky West to use N236SW, An Embraer EMB-120-ER 

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

Paragraph D085 further speaks for itself. Except as expressly admitted above, SkyWest 

FDMS Case No. -=-==="""'=-:---

FAA Case No.: Zfi12NM060014 

SKYWEST AIRLINES, INC.'S ANSWER TO COMPLAINT 

2 

8055\1 GN\1 NI~~DMG 0990101>91P 91>'81 E100/0E/L0 
denies each and every, all an.d 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 

ai.xcraft loading for EMB-120-ER aircraft be accomplished in accordance with Sky West's 

Weight & Balance Operations Manual, SP4100 (W&B Manual). SkyWest further avers 

that Paragraph A098 and its W &B Manual speak for tltemselves. 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 Sky West's W&B Manual contains, inter 

alia, the loading schedules and instructions for Sky West's EMB-120-ER 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 defines "heavy 

checked bag" as a checked bag weighing more than 50 potmds but less than 100 pounds. 

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 

Ec/90 3911d 

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

FDMS Case No. -=---c====:-:-c:---

FAA Case No.: 2012NM060014 

SKYWEST AIRLINES, INC.'S ANS\VER TO COMl'LAINT 

3 

805511 QN\7 NI~dOMQ 099616P91P gp:s1 E106/0E/L0 
standard or heavy). The designated loading agent must mark the numbeJ: of standard and 

heavy checked baggage on the CLR .... "(Ca:rgo Load Report). 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. 

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

part; "(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 ltern 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 that Sky West's W&B Manual states, in pertinent 

part that the flight crew will use the information f'tom the CLR to construct the A CARS 

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 SkyWest's W&B Manual requires the 

Ei':/L0 39\ld 

loading agent to mark the number of heavy checked bags on the CLR. Except as expressly 

admitted above, Sky West denies each and every, all and singular, allegatious contained 

therein, and each and every part thereof, both generally and specifically, conjunctively and 

disjunctively. 

FDMS Case No. 

FAA Case-::Nc:-o-.-, l::-:O'"'t""2N=M'"'o"'6-::-00::1:-:4--

SKYW£ST AIRLINES, INC.'S ANSWER TO COMPLAINT 

4 

80SSI7 GN\7 NI~~OMG 09Si':16PS1P sv:s1 E106/0E/L0 
10. Answering Paragraph I 0, Sky West admits that SkyWest's W &B Manual contains the 

warning: 

I A WARNI"G" INACCURATE ~OAt>ING, REPORTI!<G, OR 

efAlLIJRE TO REPORi'IINFORMATION COOl» CALISE ISSUES 

.WITH A<R.CRAFT ~I!RFORMANC!O AND HANDLlNG, f<!ESULTING 

IN TRI; ENOANGIERMENT OF H\JMAN I!IFE. ''"'"'"""" •--,, __ ,_,..,...,.,.,,,.,~.-····-~·"m'"""~·---··"·'-•-'""'' '' ,,_., •. , ... ~ ..... ......,..,, ... ,,, ____ ~,.,,,,,,,,,_~,-••----•'" "' 

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. 

11. Answering Paragraph 11, Sky West admits that on Novembe~ 16,2011, at Denver 

International Ai~ort, Denver, Colorado, Sky West loaded passengers and baggage onto 

N236SW, to be operated as Flight 5449 bound for Rock Springs, Wyoming (RKS). 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. 

12. Answering Paragraph 12, Sky West admits that one (1) heavy bag was loaded onto 

N236SW. 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. 

13. Answering Paragraph 13, Sky West is without information or belief sufficient for it to 

E1:/80 39\ld 

answer said Paragraph and, accordingly, denies each and every, all and singular, allegations 

FDMSCasoNo. 

FAA Case--:N--:o-.--c, 2::-:0--:l-:c2N::::M=o"'6o:co"'1-o4--

sKYWEST AIRLINES, ll'fC. 'S ANSWER TO COMPLAINT 

5 

8055\1 GN\1 NI~dDMG 09S1:1GPS1P sv:s1 E101:/0E/L0 
contained therein, and each and every part thereof, both generally and specifically, 

conjunctively and disjunctively. 

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

A CARS load manifests, but avers that CLR data is but one componep_t 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, Sky West admits that it operated N236SW was operated as Flight 

5449 to RKS. Except as expressly admitted above, Sky West denies each aP-d every, all and 

singular, allegations contained therein, and each and every part thereof, both generally and 

specifically, conjunctively and disjunctively. 

16. Answering Paragraph 16, Sky West admits that it has paid civil penalties in prior FAA cases 

concerning discrepancies in CLR baggage counts. Sky West avers that any payments of 

any such penalties were without admission of liability or wrongdoing. Except as expressly 

admitted aboveo, Sky West denies each and every, all and singular, allegatiom contained 

therein, and each and every part thereof, both generally and specifically, conjunctively and 

disjuP-ctively. 

III. 

Answering Section III. of the Complaint: 

El:/50 39\ld 

FDMS Case No. 

FAA Case-N-::-o.-: -::-20:-:l:-:.2-:cN::::M'"'0:-:6;::0701:-4:---

SKYWEST AIRLIJ.'IlES, INC.'S ANSWER TO COMPLAINT 

6 

8055\1 GN\1 NI~dOMQ 09S616vSTV sv:s1 E101:/0E/L0 
l. Answering Paragraph 1, and subparagraphs La., l.b., l.c., l.d. and l.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. F AA-20 11-0485, -0486 and-0779, which pertained to 

substantially similar facts and issues as this instant matter, the Administrative Law Judge, 

in his Initial Decision served on May 2, 2013, held that violations ofF AR Sections 

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 4630l(a) and (d) of Title 49 of the 

United States Code (U.S.C.) (Transportation)[49 U.S.C. Sections 4630l(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 

EC:/01 39\ld 

FDMS Case No. 

FAA Case-;N:;;-o-.-:, 2:-:0c:1:;2N=Mo:Oc::6-:c00"'1"'4:---

SKYWEST AIRLINES, INC.'S ANSWER TO COMPLAINT 

7 

805517 GN\7 NI~~OMQ 0%2:12:PS1P SP'81 E10G/0E/L0 
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 defeuse, Sky West alleges: 

I. 

The Complainant's case, is llllwarranted and w:ithout basis or jurisdiction in law or fact. 

THIRD AFFIRMATIVE DEFENSE 

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

L 

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: 

X. 

SKY\VEST has proactively mitigated any and all damage such that this action is 

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

EI:/H 39\ld 

i. Counseled all personuel involved in the loading and counting of the bags 

following each of the alleged incideuts; 

JJ'DMS Case No. 

FAA Case-:N::-0-.-: l"'O'"'l::-2N=M;;:.0-:6-:c00:-:l--:4--

SKYWEST AlaLINES, INC.'S ANSWER TO COMPLAINT 

8 

805517 QN\7 NI~dOMQ 09S6TI:PSTP sv:s1 ET06/0E/L0 
E/:/1:1 3911d 

n" Issued numerous Customer Service Training Bulletins directed at prov~ding 

additional training in avoiding bag count discrepancies; 

iii. 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 ·lhe Pilot-in-Command; 

iv. Issued Customer Service Training Bulletin 2012-56, Heavy Indicator on Baggage 

Tags, directed at providing additional training in avoiding bag count 

discrepancies; 

v. Updated and revised its aU:craft loading procedures, including but not limited to 

tbose set forth in its Station Operations Manual and Weight & Balance Operations 

Manual to specHically address said problems and ensure future compliance; 

v1. 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; 

VlL Performed ongoing and continuing internal evaluations of cw:go 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. 

FDMS Case No. -=-o-----:=====:--- FAA Cose No.: 20UNM060014 

SKYWEST AIRLINES, INC.'S A-NSWER TO COMPLAINT 

9 

805517 GN\7 NI~~DMG 09SG11:PSTP sp:g1 E101:/0E/L0 
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 contained 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 pxeviously approved for at least one other FAR 

121-certificated air carrier, to permit small variances in baggage counts, necessitated by 

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 arc indicative of Sky West'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 bilve 

been achieved. 

E0/E1 39\ld 

FDMS Case No. -=-------c-c=-,---,~--­ FAA Case No.: 20l2NM060014 

SKYWEST AIRLINES, INC.'S ANSWER To COMPLAINT 

10 

80SS\I QN\1 NI~~OMQ 09S010VS1P sv:s1 E102:/0E/L0 
SEVENTH AFFIRMATIVE DEFENSE 

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

I. 

SKYWEST bas taken all necessary conective actions to avoid repeated mishaps such that 

additional penalties are redundant and will not result in any increase in safety. 

EIGHTH AFFIRMATIVE DEFENSE 

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

1. 

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

multiple cases' with the same or extremely similar facts where Complainant sought a $33,000 

penalty per flight and in his Initial DecisiO!l 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. 

II. 

Further, Judge Goodwin found that Complainant was unable to prove violations ofF AR 

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

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

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

EC:/PT 38\ld 

1 FDMS Nos. F AA-2011-0485, -0486 and -0779. 

FDMS Case No. -:--"'-="...,--o=-::--=co---

FAA Case No.: 2012NM060014 

SKYWEST AIRLINES, INC.'S ANSWER TO COMPLA.INT 

11 

8055\1 GN\1 NI~dOMQ 09SC:TC:P9TP 9P'81 ET06/0E/L0 
(d). Precedent establishes that Complainant cannot prove said violations as alleged in the 

complaint. 

WHEREFORE, it is prayed that the Administrative Law Judge not enter an order that 

SkyWest 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 fw.iher relief as may be 

deemed appropriate. 

DATED this 31st day of July, 2013. 

EI:/S1 39\ld 

~ ··~ 

Michael L. Dworkin 

Co-Counsel for Sky West Airlines, Inc. 

FDMS Case No.-:-:--====,--.,--

FAA Case No.: 20tlNM060014 

SKYWEST AIRLINES, INC.'S ANSWER TO COMPLAINT 

12 

8055\1 QN\1 NI~dOMQ 0%1:1/:PSTP sp:s1 E106/0E/L0 
CERTIFICATE OF SERVlCE 

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

copy ofthe foregoing SKYWEST AIRLINES, INC.'S ANSWER TO COMl'LAINT was 

served as follows: 

EC:/91 39\id 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, 

RoomE12-320 

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 2W1 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, #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} 

(} rtti!4n.ll1d&i 2 

Caitlin Miller 

FDMS Case No. 

FAA Case-N"'o-.-, ..,20"'1'"'2cc-NccM----0760'"'0-1-4---

SJ{YW:EST AlRLINES, INC.'S ANSWER TO COMPLAINT 

13 

8055\i QN\i NI~~OMQ 09SC:EPS1P sv:s1 E10C:/0E/L0 
Todd C. Emerson, #8!75 

SKYWEST AIRLINES, INC. 

444 South River Road 

St. George, Utah, 84 790 

Telephone: ( 435) 634-3530 

Facsimile: (435) 634-3505 

Email: temerson@skywestcom 

-andMichael L. Dworkin #64047 

MICHAEL L. DWORKIN AND ASSOCIATES 

465 California Street, Suite 210 

San Francisco, California 94118 

Telephone: (415) 421-2500 

facsimile: (415) 421-2560 

Email: law@avialex.com 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

FDMSNo. _________ _ 

In the Matter of 

SKYWEST AIRLINES, INC. 

fAA Case No. 2012NM060014 

NOTICE OF ASSOCIATION AND 

APPEARANCE OF COUNSEL 

Judge: The Honorable Richard C. Goodwin 

TO THE HONORABLE CHlEF ADMINISTRATIVE LAW JUDGE AND/OR THE 

ADL\1INISTRATIVE LAW JUDGE TO WHICH TIDS MATTER HAS BEEN 

ASSIGNED AND TO THE ADMINISTRATOR, FEDERAL AVIATION 

ADMINISTRATION AND HIS COUNSEL OF RECORD: 

1 

E6/ L1 39\ld 8055\1 QN\1 NI~dOMQ 0%61:6PSl:P sv:sc El:06/0E/L0 
PLEASE TA!<.E NOTICE that Respondent, SKYWEST AIRLINES, INC., associates as 

co~counsel of record: 

Michael L. Dworkin 

MICHAEL L. DWORKIN AND ASSOCIATES 

465 California Street, Suite 21 0 

San Francisco, CA 94104 

Telephone: 415-421-2500 

FAX: 415A21-2560 

Email: ··--·':.!.:;A.,.,.,.,.,.,,,._ la.wrrvavialex.com .. ________ ~,.,,. 

Please provide copies of all future correspondence, filings and submissions to 

SKYWEST AIRLINES, INC.'s above-named co-counsel. 

Dated this 3Ist day of July, 2013 

Respectfully su1 

~ 

EC:/81 39i;id 

.:-· MICHAEL t:l:JWORKIN 

Co-Counsel for SKYWEST AIRLINES, INC. 

2 

80551;' QNi;i NI~dOMQ 0'3SG12:PS1P SP'81 E102:/0E/L0 
Ei':/51 39\ld 

CERTIFICATE OF SERVICE 

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

correct copy of the foregoiug: 

NOTICE OF ASSOCIATION AND APPEARANCE OF COUNSEL 

waS served as follows: 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, 

Room E12-320 

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 2Wl000 

800 Independence Avenue, S.W. 

Washington, DC 20591 

FAX: (202) 493-5142 

{FAX and RegUlar Mail} 

8055\1 ON\1 NI~~DMD 

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, #81 75 

SKYWEST AIRLINES, INC. 

444 South River Road 

St. George, Utah, 84 790 

Telephone: (435) 634-3530 

FAX: (435) 634-3505 

Email: temerson@skywest.com 

{Email} 

~~a@&~ CAITLIN ~ILLER Legal Assistant 

3 

09Si':1i':vS1v sv:s1 E10i':/0E/L0 
Todd C. Emerson, #8175 

444 South River Road 

St. George, Utah, 84 790 

Telephone: (435) 634-3530 

Facsiroile: (435) 634-3505 

Email: temexson@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. 

UNIT:ED STAT:ES OF AMERICA 

DEP ARTME:NT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

SKYWEST AIRLINES, INC. 

Ec/0<: 39\ld 8055\1 GN\1 NI~dOMG 

FDMS Case No.:--------

FAA Case No. 2012NM060014 

Con.solidated FDMS Case Nos.: FAA-2012-

0869; F AA-2012- 0868; FAA-2012-0874; 

FAA-2012·0872; FAA-2012-0873; FAA2012-0904 

SKYWEST AIRLINES, INC.'S 

MO'J'ION TO CONSOLIDATE 

Judge: Not Yet Assigned 

09SC:1C:PS1P Sv:s1 E10G/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 CFR Section 302.410, Consolidation of Proceedings, SkyWest Airlines, 

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

-------(FAA Case No. 2012NM060014) with Case Nos.: FAA-2012-0869; 

FAA-2012- 0868; FAA-2012-0874; FAA-2012-0872; FAA-2012-0873; and FAA-2012-0904 

and newly docketed FAA Case No. 20llNM060095. 

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

have similar facts (miscounted baggage loaded onto 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 and to the ends 

of justice and will not unduly delay the proceedings. 

II 

II 

II 

II 

E6!16 39\ld 

1 FDMS Case No. FAA-2012-0776 was not consolidated, citing issues different from the 

FAA Case No. 2012NM060014 

SK\'WEST AJRLlNES, INC.'S MOTION TO CONSOLIDA-TE 

.2 

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WHEREFORE, it is prayed that the Administrative Law Judge consolidate the all cases 

referenced above for hearing. 

Respectfully submitted, 

/"' and ASSOCIATES 

-~ 

Michael L. Dworkin 

Co-counsel for SkyWest Airlines, Inc. 

Dated this 31st day of July, 2013. 

FAA Case No, 2012NM060014 

SKYWEST AlRLlN;ES, INC.'S MOTION TO CONSOLIDATE 

3 

EG/GG 3911d 80SSI1 QN\7 NI~dDMQ 0%1:1/:P~TP sp:s1 E101:/0E/L0 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on July 31, 2013, a true and correct copy 

of the foregoing 

SKYWEST AIRLINES, lNC'S MOTION TO CONSOLIDATE 

was served as follows: 

E2:/E2: 39\ld 

O£:fice of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, 

RoomE12-320 

Washi11gton, 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, #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} 

(}~!JllfM _) 

Caitlin Miller 

FAA Case No. l012NM060014 

SKYWEST AIRLINES, INC.'S MOTION TO CONSOLIDATE 

4 

8055\1 QN\1 NI~dOMQ 09S2:16PS1P sv:s1 E102:/0E/L0 
FAX TRANSMISSION 

MICHAEL L. DWORKIN and ASSOCIATES 

Law Offices 

465 California Street, Suite 210 

San Francisco, California 94104-1808 

Telephone: (415) 421-2500 

FAX: (415) 421-2560 

Email: /aw@avialex.cmn 

The pages comprising this facsimile transmission e.onta.ln confid~l\tial informatign from Michael L. ·oworkin 

and Associates. This information is intended solely for use b)• the individual or entity named as the recipient 

hereof. lf you are not the intended recipjent, be aware that any disclosure, copying, di:iitribution, or use of the 

contents of this transmission is prohibited. If you have received this transmission in error, please notify us by 

telephone immediately so we may arrange to retrieve this transmission at no cost to you. 

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 

Feder-al 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: Hea.o:ing 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 Nll111ber of Pages: 23 (including this cover page) 

Date: July 31, 2013 

Re: SKYWEST AIRLINES, INC. 

Memo: Sent via Fax 

EZ:/10 39\;id JOSS';' QN';' NI~~OMQ 099Z: 1Z:P91P 9P'81 E106/0E/L0