Jeffrey M. Harper 

FAA Office of Regional Counsel 

1601 Lind Avenue Southwest 

Renton, Washington 98057 

Todd C. Emerson 

SkyWest Airlines, Inc. 

444 South River Road 

St. George, Utah 84 790 

T (425) 227-2161 T (435) 634-3530 

F (425) 227-1007 

In the Matters of: 

F (435) 634-3505 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

FAA Case No. 2012NM060030 

DMS No. FAA-2014-0322 

FAA Case No. 2014WP910006 

DMS No. FAA-2014-0686 

FAA Case No. 2012NM060029 

DMS No. FAA-2014-0809 

SkyWest Airlines, Inc. FAA Case No. 2012NM060123 

DMS No. FAA-2014-0810 

. ! ' 

Second 

FAA Case No. 2013NM060083 

DMS No. FAA-2014-0811 

FAA C~seN~. 2il15WP910079 

DMS No• .. FAA:-2016-4267 

I .- . 

Honorable Douglas M. Rawald 

Joint Motion to Stay Proceedings 

and 

Joint Report on Progress of Negotiations 

In accordance with 14 C.F.R. § 13.218(a), the parties jointly bring this Motion to Stay 

Proceedings. 

On March 31, 2016, the parties jointly moved to stay the proceedings in these cases on 

the basis that the parties have begun negotiating a global· settlement to all peri ding cases 

involving Respondent SkyWest. Those cases include the six before this forum, and 22 

others in various procedural postures. 
On April6, 2016, the court granted the requested stay through June 6, 2016, and directed 

the parties to submit a joint report on the progress of settlement negotiations on or before 

that date. 

Settlement negotiations have been ongoing since that time. The pm1ies have agreed on the 

anticipated scope of the agreement, have generally agreed on the general structure of a 

proposed settlement, m1d have regularly scheduled meetings to advance the state of 

negotiations. 

The parties note four of the cases in which the settlement is being negotiated are within 

the exclusive jurisdiction of the United State District Courts. In those cases, Respondent 

Sky West Airlines and the Depm1ment of Justice have entered into a tolling agreement 

through October 1, 2016. Exhibit 1. 

The parties remain confident that an agreement will be reached, but, given the scope of 

the desired settlement, the number of the issues involved, the complexity of the issues 

involved, and the varied procedural postures of the covered cases, more time is required 

for negotiations. 

Accordingly, the pmties move the court to extend the stay of proceedings granted to 

October 1, 2016, consistent with the tolling agreement entered into by the parties on 

March 31,2016, or, in the alternative, at least another 60 days until August 5, 2016. 

Respectfully submitted this 61

h day of June, 2016. 

JEFFREY M 

HARPER 

2016.06.06 

I!Vl.-:-Har.~-p-er---1 ·~-G....Ql'OO' 

Attorney for Complainant 

Joint Motion to Stay Proceedings 

ln the Matters of SkyWest Airlines, Inc. 

DMS Nos. FAA-2014·0322, ·0686, 0809, 

·0810, ·0811, FAA-2016-4267 

Page 2 of 3 

Todd C. Emerson 

Attorney for Respondent 

Jeffrey M. Harper, FAA Attorney 

Federal Aviation Administration 

T (425) 227·2161 

F (425) 227 1007 

Todd C. Emerson 

SkyWest Air!lnes, Inc. 

T (435) 634-3530 

F (435) 634·3505 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Joint Motion to Stay Proceedings has been served via 

facsimile and Certified Mail- Return Receipt Requested this date, to the following: 

The Honorable Douglas M. Rawald 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

Fax: (202) 366-7536 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl000 

Federal Aviation Administration 

800 Independence A venue SW 

Washington, DC 20591 

Fax: (202) 267-1293 

Dated this 6th day of June, 2016. 

Joint Motion to Stay Proceedings 

· ff k b Digitally signed by J8 erey. am jefferey.kamberg@faa.gov 

ON: 

erg@faa gov cn=jefferey.kamberg@faa.gov 

' D"" 2016.06.0613o3534 -07'00' 

--,-J e---,f""f K-;7'-am-----,--be_r_g_ 

Legal Technician 

Federal Aviation Administration 

Office of the Chief Counsel 

Enforcement Division-Western Team 

1601 Lind Ave. SW 

Renton, W A 98057 

(425) 227-2925 

In the Matters of SkyWest Airlines, Inc. 

OMS Nos. FAA-2014-0322, -0686, -0809, 

Jeffrey M. Harper, FAA Attorney 

Federal Aviation Administration 

T (425) 227-2161 

-0810, -0811, FAA-2016-4267 

Page 3 of3 

F (425) 227-1007 

Todd C. Emerson 

SkyWest Airlines, Inc. 

T (435) 634-3530 

F (435) 634-3505 
AGREEMENT TO TOLL STATUTE OF LIMITATIONS 

WHEREAS, the United States of America has informed SkyWest Airlines, Inc. 

("Sky West") that the United States and its agencies (the "United States") believe that they may have 

certain civil causes of action and claims against SkyWest, arising from violations of the Federal 

Aviation Regulations (specifically including the following FAA Case Numbers: No. 

2012NM060033, No. 2014NM060089, No. 2014NM060096 & No. 2015NM060050); and 

WHEREAS, the United States and SkyWest wish to enter into discussions relating to 

resolution of the above-referenced claims prior to the filing of a lawsuit; and 

WHEREAS, the undersigned represent that they have authority on behalf of Sky West and 

the United States, respectively, to enter into this agreement; 

NOW, THEREFORE, through the undersigned counsel, the United States and SkyWest 

agree that, as consideration for the United States not filing, or asserting claims in, a civil action 

against Sky West on or before October 1, 2016, the period oftime between and including April 1, 

2016 and October l, 2016 shall be excluded when determining whether any civil or administrative 

claim relating to the above-referenced subject matter are time-barred by statute of limitations, 

laches, or any other time-related defenses. The United States further agrees that SkyWest, by 

entering this agreement, does not waive any potential defense that the United States failed to act in a 

timely fashion, under any applicable statute of limitations, laches, or other similar time-related 

defenses, on conduct that may be time barred prior to April I, 2016. Sky West further agrees that it 

will not assert or argue in any judicial or administrative forum that the United States has failed to 

act in a timely fashion and will not plead statute of limitations, laches, or other similar time-related 

defenses to any civil or administrative action against Sky West based on conduct that is asserted by 

the United States .on or before October I, 2016, except to the extent such defenses were available to 

Sky West on or before April!, 2016. 

Dated: 

Dated: 

~STrC By: ~L 

By: 

Todd Emerson 

Attorney for SkyWest, Inc. 

UNITED STATES OF AMERICA 

JOHN W. HUBER 

UNITED STATES ATTORNEY 

JlvW! tl;\A.c:/. s~~ Sandra L. Steinvoort 

Assistant United States Attorney 

Attorneys for the United States 

Exhibit 1