05/05/2015 13:28 4252271007 ANM7 

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 ( 43 5) 634-3530 

F (425) 227-1007 

r n the Matters of: 

F (435) 634-3505 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

FAA Case No. 2012NM060030 

OMS No. FAA-2014-0322 

FAA Case No. 2014WP910006 

DMS No. FAA-2014-06&6 

FAA Case No. 2012NM060029 

DMS No. FAA-2014-0809 

SkyWest Airlines, Inc. FAA Case No. 20l2NM060l23 

DMS No. FAA-2014-081 0 

Second 

FAA Case No. 2013NM060083 

DMS No. FAA-2014-0811 

FAA Case No. 20 I 5WP9l 0079 

OMS No. FAA-20 16-4267 

Honorable Douglas M. Rawald 

Joint Motion to Stay Proceedings 

and 

Joint Report on Progress of Negotiations 

In accordance with 14 C.P.R. § 13.2l8(a), the parties jointly bring this Motion to Stay 

Proceedings. 

On March 3 J, 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 pending cases 

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

others in various procedura.l postures. 

PAGE 02/05 
05/05/2015 13:28 4252271007 ANM7 

On April 6, 2016, the comt granted the requested stay throc1gh .Tune 6, 2016, and directed 

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

that date. 

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

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

proposed settlement, and 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 ofthe United State District Courts. In those cases, Respondent 

Sky West Airlines and the Department of Justice have entered into a toll[ng agreement 

thrmtgh October 1, 2016. Exhibit I. 

The part[es 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 pmi[es move the comt to extcqd 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 6"' day of June, 2016. 

JEFFREY M 

HARPER 

2016.06.06 

·,....----'! i¥.N.;-l8-B7'00' J. M. Harper 

Attorney for Complainant 

~ 

~(-Q· Todd C. Emerson 

~ Attorney for Respondent 

PAGE 03/05 

Joint Motion to Stay Proc;ee:dings 

In the Matters of SkyWest Airlines, lrrc. 

DMS No•. FAA·2014·0322, ·0666. -0809. 

JP.ffrey M, Harp€r, FAA Attorney 

Federal Aviation Admlnistratlon 

T 1426) 227-2161 

I odd C. Emerson 

SkyWest Airlines, Inc. 

·08,.0, 0811, FM-<016·4267 

Page 2 of 3 

F {425) 227·1007 

T (435) 634·3530 

F (435) 634·3505 
05/05/2015 13:28 4252271007 ANM7 PAGE 04/05 

CERTIFICATE OF SERVICE 

l 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. Rawa\d 

Office of Hearings, M-20 

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

Washington, PC 20590 

Fax: (202) 366-7536 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Fax: (202) 267-1293 

Dated this 6th day of June, 2016. 

Joint Mo~ion to Stay Proceedings 

• ff k b Olt:tltally !!lgnod by je erey I am IJ>ffomy,knmbor9@(81l..gov 

ON: 

erg@faa gov cn .. ]efferey.k~mbnrg@f:~:~.gov 

• """' 2016.08,001 3:35:54-07'00' 

""J e""'ff;;;. K,.;;;.m-n be~r-g-=-

Legal Technician 

Federal Aviation Administration 

Office of the Chief Counsel 

Enforcement Division-Western Team 

1601 Lind Ave. SW 

Renton, W A 9S057 

(425) 227-2925 

In the Matters of SkyWest Airlines, Inc. 

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

Jeffrey M. Harper, FAA Attorney 

Federal Aviation fldmil1iStratlon 

T (425) 227-216J. 

-OB10, -0811, FAA·2016-4267 

Page 3 of 3 

F (425) 227·1007 

Todd c. Emerson 

SkyWest Airlin~s. Inc, 

T (435) 634·3530 

F 1435) 634-3505 
05/05/2015 13:28 4252271007 ANM7 PAGE 05/05 

AGREEMENT TO TOLL STATIJTE OF LIMITATIONS 

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

("SkyWest'') that the United States and its agencies (the "United States") believe that tbey may have 

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

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

20!2NM060033, No. 2014NM060089, No. 2014NM060096 & No. 2015NM060050); and 

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

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 SkyWest and 

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

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

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

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

2016 and October 1, 2016 shall be excluded when determining whether lll)y civil or administrative 

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

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

entering this agreemeot, does not waive any potentia) 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!, 2016. Sky West further agrees that it 

will not assert or argue in any judicial or administrative forum that the United States bas 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 1, Z016, except to the extent such defe~;~ses were avaitable to 

Sky West on or before April!, 2016. 

Dated: 

Dated:') /3/ /H1 ~ 

~STAZ:C By: bile 

By: 

Todd Emerson 

Attorney for Sky West, Inc. 

UNlT:ED STATES OF AMERICA 

JOHN W. HUBER 

UNITED STATES ATTORNEY 

JiM;[i{;\A-cJ. s~~ Sandra L. Steinvoort 

Assistant United States Attorney 

Attorneys for the United States 

Exhibit 1 
05/05/2015 13:28 4252271007 ANM7 PAGE 01/05 

Federal Aviation 

Administration 

Hearing Docket Clerk, AGC-430, and Judge Office of the Regional Counsel, ANM-7 

To: Douglss M. Rawald. 1601 Lind Ave., S.W 

Phone: 

Fax: 1202\ 267-1293 202-366-7536. 

From: Jeffrev Harner 

Title: FAA Attomev, ANM-7 

I Date: 'I June 6, 2016 

5 

Pages wlcover: 

D Per your Request 

D For Coordination 

NOTES/COMMENTS: 

RE: SkyWest Airlines, Inc. 

Renton, WA 98057 

Telephone: (425) 227-2161 

Facsimile: (425) 227-1007 

Email 

Facsimile 

Description of item being transmitted: 

Second Joint Motion to Stay Proceedings 

and Joint Report on Progress of 

Negotiations 

D For Review D Please Comment 

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