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 84790 T (435) 634-3530 T (425) 227-2161 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 CaseNo. 2012NM060030 DMS No. FAA-2014-0322 FAA CaseNo. 2014WP910006 DMS No. FAA-2014-0686 FAA CaseNo. 2012NM060029 DMS No. FAA-2014-0809 SkyWestAirlines, Inc. FAA CaseNo. 2012NM060123 DMSNo. FAA-2014-0810

. ! '



### Second FAA CaseNo. 2013NM060083 DMS No. FAA-2014-0811 FAA



### C~seN~. 2il15WP910079 DMS No•

..FAA:-2016-4267

I .- . HonorableDouglas

### 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 partiesjointlybringthis Motion to Stay Proceedings. On March 31, 2016, the partiesjointlymovedto stay the proceedings in these cases on the basis thatthe parties have begun negotiating a global·settlementto all periding cases involving Respondent SkyWest. Those cases include the six before this forum, and 22 others in various procedural postures.On April6, 2016, the court grantedthe requested stay through June 6, 2016, and directed the parties to submit ajointreport on the progress ofsettlementnegotiations on orbefore that date. Settlement negotiations have been ongoing since that time. Thepm1ies have agreed onthe anticipated scope ofthe agreement, have generally agreed onthe general structure ofa proposed settlement, m1d have regularly scheduled meetings to advance the state of negotiations. The parties note four ofthe cases in which the settlement is being negotiated are within the exclusivejurisdiction ofthe United State District Courts. In those cases, Respondent SkyWest Airlines and the Depm1ment ofJustice 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 ofthe issues involved, the complexity ofthe issues involved, and the varied procedural postures ofthe covered cases, more time is required for negotiations. Accordingly, the pmties movethe courtto extend the stay ofproceedings grantedto 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 ofJune, 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 CertifiedMail- Return Receipt Requested this date, to the following: The Honorable Douglas M. Rawald Office ofHearings, 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 Avenue SW Washington, DC 20591 Fax: (202) 267-1293

Dated this 6th day ofJune, 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 FederalAviation Administration Office ofthe ChiefCounsel EnforcementDivision-Western Team 1601 Lind Ave. SW Renton, WA 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

### AGREEMENTTOTOLL STATUTE OFLIMITATIONS WHEREAS, the United States of America has informed SkyWest Airlines, Inc. ("SkyWest") that the United States and its agencies (the "United States") believe thatthey mayhave certain civil causes of action and claims against SkyWest, arising from violations ofthe 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 ofthe above-referenced claims prior to the filing ofa lawsuit; and WHEREAS, the undersigned represent that they have authority on behalfofSkyWest 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 SkyWest 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 anypotential defense thatthe United States failed to actin a timely fashion, under any applicable statute of limitations, laches, or other similar time-related defenses, on conduct that may be time barred priorto April I, 2016. SkyWest further agrees that it will not assert or argue in anyjudicial or administrative forum that the United States has failed to act in a timely fashion and will not plead statute oflimitations, laches, or other similar time-related defenses to any civil or administrative action against SkyWest 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 SkyWest on orbefore April!, 2016.

Dated:

Dated: 

# ~STrC By:



# ~L

By: 

### Todd Emerson Attorney for SkyWest, Inc.
UNITED STATES OFAMERICA 

### 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