SERVED: July 6, 2015

U.S. DEPARTMENT OF TRANSPORTATION

OFFICE OF HEARINGS

WASHINGTON, DC

________________________________

SKYWEST AIRLINES 

FAA DOCKET NO. [TO BE ASSIGNED]

(Civil Penalty Action)

FDMS NO. FAA-2013 – 0292

________________________________

PROTECTIVE ORDER

The parties have requested the within filed “Original Deposition of Aaron J. 

Perkins taken January 15, 2014” be sealed, We find the deposition should be protected 

pursuant to the provisions of 14 C.F.R. Part 193 and my powers under 14 C.F.R. 

§13.226.1 

WHEREFORE, it be and is hereby ORDERED as follows:

1. The deposition of Aaron J. Perkins taken January 15, 2014 is subject to this 

Protective Order, (hereinafter “Protected Materials”) and shall be subject to the 

following terms and conditions for the purpose of protecting the confidentiality of 

such information (referred to as "confidential information"):

a. Protected Materials shall be disclosed only to the staff formally assigned 

to this proceeding and/or to agency and/or respondent's counsel and their 

staff formally assigned to this proceeding; and

b. Disclosure of Protected Materials to any person described in Paragraph (a) 

of this order shall be only for the purpose of this proceeding and for no 

other purpose; and

c. All Protected Materials information shall be prominently marked as 

"Confidential- Subject to Protective Order," and shall be kept by

agency/respondent counsel in secure, segregated facilities. Access to those 

facilities shall be permitted only to persons designated in Paragraph (a) of 

this order; and

d. Disclosure of Protected Materials may be made to experts retained by

Agency and/or Respondent's counsel for purposes of this litigation. Those 

persons to whom disclosure is permitted under this Order shall not make 

further disclosure to anyone; and

 

1

§13.226(a) authorizes an administrative law judge to “order that any information contained in the record 

be withheld from public disclosure.”
2

e. No portion of the Protected Materials shall be copied or recorded in any 

manner, other than in the work papers, notes, or memoranda of persons

designated in Paragraph (a) of this order, and all such work papers shall be 

treated as Protected Materials; 

and

f. Protected Materials shall not be disclosed to any other person until such 

person has executed an affidavit stating he/she has read and understood 

this protective order and agrees to be bound by the terms thereof. Copies 

of any such affidavits shall be filed with the Secretary and served upon 

respondent.

2. Nothing herein shall be construed to prevent the Administrative Law Judge or any

reviewing authority from disclosing Protected Materials as may be necessary to 

reach a decision on any matter raised in connection with this litigation.

3. The transcript will be withheld from FDMS; and

4. The docket clerk shall substitute for the record a sheet indicating that the 

Protected Material has been sealed and marked “Confidential – Not Public 

Disclosure.”

____________________________________

Richard C. Goodwin

Administrative Law Judge

Attachment - Service List
3

FDMS No. FAA-2013-

0292

(Civil Penalty Action)

SERVICE LIST

ORIGINAL & ONE COPY

Federal Aviation Administration

800 Independence Avenue, S.W.

Washington, DC 20591

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W10002

ONE COPY

Todd C. Emerson, Respondent’s Counsel

Director – Government and Legal Affairs

SkyWest Airlines

444 South River Road

St. George, UT 84790

TEL: 435-634-3530

FAX: 435-634-3505

Robert Spitzer, Complainant’s Counsel

Attorney, Office of Regional Counsel

Northwest Mountain Region, ANM-7

Federal Aviation Administration

1601 Lind Avenue, S.W.

Renton, WA 98057

TEL: 425-227-1417

FAX: 425-227-1007

The Honorable Richard C. Goodwin, Administrative Law Judge

Office of Hearings, M-20

U.S. Department of Transportation

1200 New Jersey Avenue, S.E. (E11-310)

Washington, DC 20590

TEL: 202-366-5121 Staff Assistant

FAX: 202-366-7536

 

2

 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 

2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.