SERVED .TULY 20, 2011 

^^tF:ARTMENTOF 

U.S. DEPARTMENT OF TRANSPORTATION J iVVNoPORTAlJOM 

OFFICE OF HEARINGS ' '^' ^''^ ! OPERA I IONS 

WASHINGTON, DC 

_^_^__ _ ai'l JUL 2 i P |: 3 1 

nsi THE MATTER OF 

SKYWEST AIRLINES 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA-2011-0485 

PROCEDURAL ORDER 

In order to expedite the hearing in this matter, the parties shall comply with the 

Procedural Schedule set forth hereinbelow'. The Rules of Practice for this proceeding 

are set forth in 14 C.F.R. Part 13, Subpart G, of the Federal Aviation Regulations^. 

Under FAA Order 2150.3B and the Rules governing these proceedings, the 

Agency attorney and the Respondent are encouraged to consider the possibility of 

settlement and compromise of this matter.' Compromise may be effected with or 

without a llnding of violation (14 C.F.R. ^13.16 (n) (U). 

NOTE: This presiding Judge does not require "Discovery" to be served on the 

.ludge. Other Judges have different policies, but as long as this case is assigned to the 

undersigned presiding Judge the parties may, but are not required, serve discovery on the 

undersigned. 

The judge will not discuss the case with any party, or its representative on an ex 

parte basis. If a party has a non-substantive matter to discuss, they should contact the 

judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 (Ira.LeihowitzffTjdol.gov). 

Administrative matters may be addressed to thejudge's, Legal Assistant, Pat Matthews 

[202-366-51211 (Patricia.MaUhews@dot.gov). 

' Materials Hied in the FAA Hearing Docket (except for materials filed in security.cases) are also available 

for viewing at htlp://www.regulations.gov. 

^ The Administrator's civil penalty decisions, along with indexes of the decisions, the Rules of Practice, as 

well as other materials relating to civil penalty cases, are available on the internet at; 

hiip://ww\\\faa.gov/ahout/oJficejjrg/headquariersjDjJices/agc/pol_adjudica(hti/agc4(H)/c'm^ see 

also: lntp://ecfr.gpoacces.s.go\-/cgUt/lexi/text-idx?c=ecfr&tpl=/ecfrbro\vse/TiileN/]4uihJ)2.i^^ In 

addition, Thomson Reuters/West Publishing publishes Federal Aviation Decisions. Finally, the decisions 

are available through LEXIS (TRANS librar>') and Westlaw 9FTRAN-FAA database). For additional 

information, see the Web site. 

^ See Linda Joyce Goodman. FAA Docket No. CP89WP0061, Order dated May 30, 1989. 
WHEREFORE, the parties be and are hereby ORDERED to adhere to the 

following procedural schedule: 

1. Venue shall be Salt Lake City, UT.; 

2. On or before October 21, 2011, the parties shall conclude all discovery 

including, but not limited to, depositions, document production, responses 

to production requests and/or interrogatories. If the parties cannot resolve 

a discover)' dispute they shall submit the dispute to the undersigned for 

resolution in a timely manner; 

3. NOTICE IS HEREBY GIVEN the parties shall be prepared lo present this 

case at a hearing on or after October 21, 2011"*, subject to the availability 

of courtroom facilities. 

4. The parties will have the opportunity to file Post-Hearing briefs and 

arguments pursuant to a schedule to be detennined at the hearing. For 

guidance, the following schedule is typically used: Complainant shall file 

its brief 11 fteen (15) days after receipt of the transcript; Respondent shall 

its brief fifteen (15) days thereafter; and any rebuttal brief by the 

Complainant shall be ftled seven (7) days thereafter. 

5. Settled cases will not be removed from the hearing docket until the proper 

written pleading(s), consistent with the applicable rules,^ is received by 

the presidingjudge. 

•* 14 C.F.R. § 13.221 states: "The administrative law judge shall give each party at least 60 days notice of 

the date, time and location of the hearing." 

14 C.F.R. § 13.215 states: At any time.before or during a hearing, an agency attorney may withdraw a 

complaint or party may withdraw a request for a hearing without the consent of the administrative law 

judge. If an agency attorney withdraws the complaint or a party withdraws the request for a hearing and the 

answer, the administrative law judge shall dismiss the proceedings under this subpart with prejudice. 

^ See: In the Matter of Lewis Drake & Associates. FAA Docket No. CP03SO0045, DMS. No. FAA-2003-

16379, "Order Terminating Proceeding", served February 26, 2005; citing Kerry James Eldridue. FAA 

Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, 

at 1; In The Matter of Robcn Harris FAA Docket No. CP03EA0001. DMS No. FAA-2002-14236., Orders 

dated October 18, 2004 and October 27, 2004. USAIR, Inc.. FAA Docket CP90N1E0359. Trans World 

Airlines, Inc.. FAA Dockets CP90CL0085. CP90CE01 10. CP90CE0114. CP90CE0134. Order of 

Administrative Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "Order Dismissing 

Complainant's Appeal". In The Matter of Robert Harris. FAA Docket No. CP03EA000I. DMS No. FAA2005-14, August 15,2005. 
6. The parties arc advised that submi.ssions sent to the street address of the 

U.S. Department of Transportation, Office of Hearings, may be delayed 

due to screening conducted by the U.S. Postal Service and/or other 

security agencies and may take up to four (4) weeks lo be delivered. 

Additionally, subinissions may be "irradiated", which affects the quality 

of submissions. The parties are encouraged, but not required, to file 

submissions by private delivery service, facsimile, or email. The 

certificate of service shall refiecl the maimer of service. 

;.ichard C. 

U.S. Administrative aw .ludge 

Attachment - Service List 
FDMS No. FAA-2011-0485 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administrafion 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2WI000' 

ONE COPY 

Todd C. Emerson, Respondent \s Reprcsenlalive 

Director- Government and Legal Affairs 

SkyWest Airlines 

444 South River Road 

St. George, UT 84790 

TEL: 435-634-3530 

FAX; 435-634-3505 

Jeffrey M. Harper, Comp/ainant's Counsel 

Attorney, Office of the Regional Counsel 

Noilhwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S W. 

Renton,WA 98057 

TEL: 425-227-2161 

FAX: 425-227-1007 

The Honorable Richard C Goodwiti, Adm/ni.s/rat/ve Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX; 202-366-7536 

' Service was by U.S. Mail. For ser.'icc it\ person or by expedited coviiicr. use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wriglu Building—Suite 2W1000, Wasliington. 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.