465 California Street Suite 210 

## • San Francisco California 94104 

## • (415) 421-2500 Fax (415) 421-2560

www.avialex.com law@avialex.com 

### Michael 

### L. Dworkin and Associates Law Offices

Via FEDEX: 

### FederalAviationAdministration 800 IndependenceAvenue SW Washington, DC 20591 Attn: Hearing Docket Clerk, 

### AGC-430 WilburWright Building- Suite 2W1000 (Via Federal Express) 

# RECErVED SEP 1 82013 HEARING DOCKET September 

### 17, 2013

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### RE: SkyWestAirlines, Inc.--FDMS Case Nos.: FAA-2012-0868; FAA2012-0869; FAA-2012-0872; FAA-:2012-0873; FAA-2012-0874; FAA2012-0904; FAA-2013-0617 and FAA-2013-0619 (CONSOLIDATED)

Dear Ladies and Gentlemen: Enclosed herewith for filing are an executed original and one copyof SkyWestAirlines, Inc.'s FirstDiscoveryRequest.

ccs: The Honorable Richard C. Goodwin, Administrative Law Judge Robert Spitzer, 

### Esq., FAA ANM-7Todd C. Emerson, #8175 444 South River Road St. George, Utah, 84790 Telephone: (435) 634-3530 Facsimile: (435) 634-3505 Email: temerson@skywest.com-andMichael L. Dwork MICHAEL L. D\\**~** 465 California Stn 

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# NAt· San Francisco, Cal Telephone: (415) L Facsimile: (415) 

### 4 Email: law@avial61\...wm Attorneys for SkyWest Airlines, Inc. 

# RECEIVED SEP 1 82013 

## HEARING DOCKET

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. Inthe Matter of:

SKYWEST AIRLINES, INC. FDMS Case Nos.: FAA-2012-0868; FAA2012-0869; FAA-2012-0872; FAA-2012- 0873; FAA-2012-0874; FAA-2012-0904; FAA-2013-0617 and FAA-2013-0619 (CONSOLIDATED)
SKYWEST AIRLINES, INC.'S FIRST DISCOVERY REQUEST Judge: The Honorable Richard C. Goodwin<'
PROPOUNDED BY: SET NUMBER: DATE OF REQUESTS: RESPONSES DUE: Respondent, SKYWEST AIRLINES,

# INBE

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# 'vE Q SEP 1 82013 One 

## HEARiNG DOCKET September 17,2013 October21, 2013 TO THE DEPARTMENT OF TRANSPORTATION, THE HONORABLE RICHARD C. GOODWIN ADMINISTRATIVE LAW ruDGE, AND TO THE ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATION AND HIS ATTORNEYS OF RECORD: SKYWEST AIRLINES, INC. (hereinafterreferred to as "SKYWEST"), by and through its undersigned counsel, submits the following Discovery Requests. SKYWEST further requests that Complainantprovide the following information inresponse to this Discovery Request on or before October 21, 2013.

DATED this 17th day ofSeptember, 2013.

Michael L. Dworkin Co-Counsel for SkyWestAirlines, Inc.

FDMS Case Nos.: FAA-2012-0868; FAA-2012-0869; FAA-2012-0872; FAA-2012-0873; FAA-2012-0874; FAA2012-0904; FAA-2013-0617 and FAA-2013-0619 (CONSOLIDATED)

SKYWEST AIRLINES, INC.'S FIRST DISCOVERY REQUEST 2'"t
0.10 

### DEFINITIONS AND INSTRUCTIONS Please note: Court and counsel are requested to takejudicialnotice of 14 Code of Federal Regulations, Parts 1-198, commonly referred to as the "Federal AviationRegulations" (hereinafter referred to as the "FAR's") and Title 49, United States Code, Transportation; all words used inthis request shall have the same meaning as used in said FAR's and Title 49, United States Code, Transportation, unless the sense indicates to the contrary.

0.1 Anyone acting onyourbehalf- includes, but is not limitedto, your attorneys, investigators, and their representatives, and consultants, including all experts.

0.2 Person
- includes a natural person, firm, association, organization, partnership, business trust, corporation, orpublic entity.

0.3 Custodian- refers to the person having possession, custody or control.

0.4 Writing- means handwriting, typewritten, printing, photostating, photographing, and every other means ofrecording upon any tangible thing, any form ofcommunication orrepresentation, including letters, words, pictures, sound, or symbols, or combinations thereof.

0.5 You
- includes Complainant, its agents, employees, attorneys, and anyone else acting on behalfofComplainant.
FDMS Case Nos.: FAA-2012-0868; FAA-2012-0869; FAA-2012-0872; FAA-2012-0873; FAA-2012-0874; FAA2012-0904; FAA-2013-0617 and FAA-2013-0619 (CONSOLIDATED)

SKYWEST AIRLINES, INC.'S FIRST DISCOVERY REQUEST 30.6 Document or documents- includes writings, drawings, graphs, charts, photographs, phono-records, tapes, videotapes, films, and other compilations from which information can be obtained, translated through detection devices into reasonably usable form whentranslation is practicably necessary.

0.7 Complainant

- refers to the Federal Aviation Administration ("FAA"), its Administrator, directors, employees and agents, and includes, but is not limited to, its attorneys, investigators, and their representatives, and consultants, including all experts.

1.0 DOCUMENTS SOUGHTTO BEPRODUCED SKYWEST acknowledges its prior receipt ofportions ofwhat Complainant has represented were the evidentiary portions ofits case files pertaining to the subject consolidated matters. Inthe interests ofeconomy, materials and documents heretofore provided by Complainant's counsel to SKYWEST's counsel need notbe again produced. 1.1. Produce Complainant's case files in each and every one ofthese consolidated matters intheir entirety, including, but not limited to, items ofproof, exhibits, correspondence, memoranda, and all other documents containedtherein. 1.2. Produce all documents pertainingto the allegations set forth inthe Complaints in these consolidated matters. 1.3. Produce all documents which Complainant intends to utilize as exhibits atthe hearing inthese consolidated matters.
FDMS Case Nos.: FAA-2012-0868; FAA-2012-0869; FAA-2012-0872; FAA-2012-0873; FAA-2012-0874; FAA2012-0904; FAA-2013-0617 and FAA-2013-0619 (CONSOLIDATED)

SKYWEST AIRLINES, INC.'S FIRST DISCOVERY REQUEST 41.4. Produce all statements and documents pertaining to statements made to Complainant by SKYWEST concerning the facts and/or violations alleged inthe Complaints. 1.5. Produce all statements and documents pertaining to statements made to Complainant by any employees or former employees ofSKYWEST concerning the facts and/or violations alleged inthe Complaints. 1.6. Produce all statements and documents pertaining to statements made to Complainant by any otherperson, firm or corporation, concerning the facts and/or violations alleged in Complaints. 1.7 Produce all resumes, curriculum vitae and any and all written qualifications ofall persons whom Complainant expects to utilize as expert witnesses at the hearing in these consolidated matters. 1.8. Produce all documents pertaining to facts and opinions heldby Complainant's experts acquired or developed in anticipation oflitigation or for the hearing inthese consolidated matters.1.9. Produce all documents reviewed by Complainant's experts in connection with the anticipated litigation orhearing inthese consolidated matters. 1.10. Produce all documents generatedby Complainant's experts in connection withthe anticipated litigation orhearing inthese consolidatedmatters. 1.11 Produce all documents evidencing and/orpertaining to Complainant's computation ofthe proposed civil penalties in accordance withFAA Order 2150.3B, FAA Compliance and EnforcementProgram, including butnot limited to its Sanction Guidance Table.
FDMS Case Nos.: FAA-2012-0868; FAA-2012-0869; FAA-2012-0872; FAA-2012-0873; FAA-2012-0874; FAA2012-0904; FAA-2013-0617 and FAA-2013-0619 (CONSOLIDATED)

SKYWEST AIRLINES, INC.'S FIRST DISCOVERY REQUEST 51.12 Produce all documents supporting any contention by Complainantthat safety of flight was adversely affected on any or all ofthe subject flights specified inthe Complaints. 1.13 Produce all documents supporting any contentionby Complainantthat any aircraft was operated outside ofits respective operating limitations, including butnot limited to weight and balance, for any ofthe flights specified inthe Complaints.



### 2.0 INTERROGATORIES 2.1 State the name, occupation, employer, address and telephone number ofeachperson Complainant intends to call as a witness (including butnot limited to percipient witnesses, investigators and experts) atthe hearing in these consolidated matters. 2.2 Provide copies ofall documents Complainant intends to offer into evidence as exhibits at the hearing, including the name and address ofits author ormaker, the names and addresses ofall persons who were addressees, the date onwhich itwas created or made, the nature ofthe document and substance ofthe information or communication set forth inthe document. 2.3 Foreach expert witness Complainant intends to call atthe hearing, provide a curriculum vitae, including a list ofall publications authored inthe previous 10 years and a list of all other cases in which, during the previous 4 years, the witness testified as an expert at hearing, trial orby deposition. 2.4 For each expert witness Complainantintends to call at the hea,ring, provide a statement ofall opinions the witness will express and the basis and reason for them.
FDMS Case Nos.: FAA-2012-0868; FAA-2012-0869; FAA-2012-0872; FAA-2012-0873; FAA-2012-0874; FAA2012-0904; FAA-2013-0617 and FAA-2013-0619 (CONSOLIDATED)

SKYWEST AIRLINES, INC.'S FIRSTDISCOVERY REQUEST 62.5 For each expert witness Complainant intends to call atthe hearing, provide copies of any documents prepared or reviewed by said expert witness. 2.6 IfComplainant obtains additional documents not mentioned inresponse to Request No. 2.2, above, SKYWESTrequests these documents be produced as expeditiously as possible. 2.7 IfComplainant secures additional witnesses notmentioned in response to Request No. 2.1, above, SKYWEST requests a supplementary witness list and a briefstatement regarding the subjectmatter ofthe testimony ofeach ofthe witnesses. 2.8 Provide a description or summary ofany and all aggravating factors Complainant believes exist necessitating the penalty amount sought inthese consolidated matters. 2.9 Provide a description or summary ofany and all mitigating factors Complainant took into consideration when determining the penalty amount sought inthese consolidated matters. 2.10 Provide any documents, calculations or other writing evidencing Complainant's calculation ofthe weight and balance for each ofthe subject aircraft during each ofthose flights specified in the Complaints. 2.11 Provide any documents, calculations or other writing evidencing Complainant's calculation ofaircraftperformance, including but not limited to required thrust settings, runway length and rate ofclimb for each ofthe subject aircraft during each ofthose flights specified in the Complaints.

FDMS Case Nos.: FAA-2012-0868; FAA-2012-0869; FAA-2012-0872; FAA-2012-0873; FAA-2012-0874; FAA2012-0904; FAA-2013-0617 and FAA-2013-0619 (CONSOLIDATED)

SKYWEST AIRLINES, INC.'S FIRST DISCOVERY REQUEST 7

### 3.0 REQUESTS FOR

### ADMISSION 3.1 ADMIT that the alleged violations described inthe Complaints were the result of acts or omissions that were contrary to SKYWEST's own policies, procedures and manuals then in effect.; Ifyour response to Request for AdmissionNo. 3.1 above is anything other than an unqualified admission, please provide:
a. a full statement ofall facts and reasons which form the basis for your failure to make an unqualified admission; and b. all documents which form the basis of, orrelate to your failure to make an unqualified admission. 3.2 ADMIT that SKYWEST took full responsibility for the violations alleged in the Complaints and worked with the FAA to address the alleged violations and implement comprehensive corrective actions to prevent recurrence. Ifyour response to Request for AdmissionNo. 3.2 above is anything other than an unqualified admission, please provide:
a. a full statement ofall facts and reasons which form the basis for your failure to make an unqualified admission; and b. all documents which form the basis of, orrelate to your failure to make an unqualified admission.

FDMS CaseNos.: FAA-2012-0868; FAA-2012-0869; FAA-2012-0872; FAA-2012-0873; FAA-2012-0874; FAA2012-0904; FAA-2013-0617 and FAA-2013-0619 (CONSOLIDATED)

SKYWESTAIRLINES, INC.'S FIRST DISCOVERY REQUEST 8

### 3.3 ADMIT that FAA Advisory Circular AC120-27E states that the use ofactual baggage and passenger weights in computing aircraft weight and balance is impractical, and authorizes the use ofaverage weights programs. Ifyour response to Request for AdmissionNo. 3.3 above is anything other than an unqualified admission, please provide:
a. a full statement ofall facts and reasons which form the basis for your failure to make an unqualified admission; and b. all documents which form the basis of, orrelate to your failure to make an unqualified admission. 3.4 ADMIT that in 

### AC120-27E, Complainantrecognized thatthere is no implicit or automatic danger caused by small discrepancies between the aircraft weight specified in the load manifest and the actual weight ofthe aircraft. Ifyour response to Request for AdmissionNo. 3.4 above is anything other than an unqualified admission, please provide:
a. a full statement ofall facts and reasons which form the basis for your failure to make an unqualified admission; and b. all documents which form the basis of, orrelate to your failure to make an unqualified admission. 3.5 ADMIT that AC120-27E permits a 2% tolerance inthe difference betweenthe aircraft weight specified inthe load manifest and the actual weight ofthe aircraft.

FDMS CaseNos.: FAA-2012-0868; FAA-2012-0869; FAA-2012-0872; FAA-2012-0873; FAA-2012-0874; FAA2012-0904; FAA-2013-0617 and FAA-2013-0619 (CONSOLIDATED)

SKYWEST AIRLINES, INC.'S FIRST DISCOVERY REQUEST 9

### Ifyour response to Request for AdmissionNo. 3.5 above is anything other than an unqualified admission, please provide:
a. a full statement ofall facts and reasons which form the basis for your failure to make anunqualified admission; and b. all documents which form the basis of, orrelate to your failure to make an unqualified admission. 3.6 ADMIT that none ofthe flights specified inthe Complaints exceeded a 2% tolerance in the difference betweenthe aircraft weight specified in

### the load manifest and the actual weight ofthe aircraft. Ifyour response to Request for AdmissionNo. 3.6 above is anything other than an unqualified admission, please provide:
a. a full statement ofall facts and reasons which form the basis for your failure to make anunqualified admission; and b. all documents which form the basis of, or relate to your failure to make an unqualified admission. 3.7 ADMIT that on at least one prior occasion, the FAA granted a certificated air carrierreliefto provide for variance in small miscounts in the numbers ofitems ofbaggage counted, orreported on the Cargo Load Reports (CLR's), or the weights reported on aircraft load manifests.

FDMS CaseNos.: FAA-2012-0868; FAA-2012-0869; FAA-2012-0872; FAA-2012-0873; FAA-2012-0874; FAA2012-0904; FAA-2013-0617 and FAA-2013-0619 (CONSOLIDATED)

SKYWEST AIRLINES, INC.'S FIRST DISCOVERY REQUEST 10Ifyour response to Request for AdmissionNo. 3.7 above is anything otherthan an unqualified admission, please provide:
a. a full statement ofall facts and reasons which form the basis for your failure to make an unqualified admission; and b. all documents which form the basis of, orrelate to your failure to make an unqualified admission. 3.8 ADMITthat SKYWESThad requested the same reliefdescribed in Request for AdmissionNo. 3.7 above. Ifyour response to Request for AdmissionNo. 3.8 above is anything otherthan an unqualified admission, please provide:
a. a full statement ofall facts and reasons which form the basis for your failure to make an unqualified admission; and b. all documents which form the basis of, orrelate to your failure to make anunqualified admission. 3.9 ADMITthat the FAA declined to grant SKYWEST the requested reliefdescribed in Request for Admissions Nos. 3.7 and 3.8 above. Ifyourresponse to Request for AdmissionNo. 3.9 above is anything other than an unqualified admission, please provide:
a. a full statement ofall facts and reasons which form the basis for your failure to make an unqualified admission; and b. all documents which form the basis of, or relate to your failure to make an unqualified admission. FDMS Case Nos.: FAA-2012-0868; FAA-2012-0869; FAA-2012-0872; FAA-2012-0873; FAA-2012-0874; FAA2012-0904; FAA-2013-0617 and FAA-2013-0619 (CONSOLIDATED)

SKYWESTAIRLINES, INC.'S FIRST DISCOVERY REQUEST 113.10 ADMIT that in Complainant's investigations ofthe matters alleged inthe Complaints inthese consolidated matters:
a. the CLR'sthatyou obtained and whichyou are utilizing as evidence were copies ofthe respective flight crews' CLR's; b. You did not obtain orreviewthe pertinent CLR's prepared and kept atthe originating stations for each ofthe subject flights;
c. You did not speak with the flight crews and/or the personnel who loaded the aircraftprior to each ofthe subject flights; d. You did not determine whether there were any last minute additions or removals ofbaggage atthe originating stations;
e. You did not determine whether the aircraft weights specified in each ofthe load manifests were correct or incorrect. Ifyour responses to Request for AdmissionNo. 3.10 a., b., c., d. and/or e. above are anything otherthan anunqualified admission, please provide:
a. a full statement ofall facts andreasons which form the basis for your failure to make anunqualified admission; and b. all documents which form the basis of, orrelate to your failure to make an unqualified admission. 3.11 ADMIT that inhis Initial Decisions ofMay 2, 2013, in FDMS Nos. FAA-2011- 0485, FAA-2011-0486, and FAA-2011-0779, the Honorable Richard C. Goodwin,
FDMS CaseNos.: FAA-2012-0868; FAA-2012-0869; FAA-2012-0872; FAA-2012-0873; FAA-2012-0874; FAA2012-0904; FAA-2013-0617 and FAA-2013-0619 (CONSOLIDATED)

SKYWESTAIRLINES, INC.'S FIRST DISCOVERY REQUEST 12Administrative LawJudge, found that Complainant had failed to prove violations ofF AR's 121.693(c) and 121.693(d) and determined that an appropriate civil penalty for the violations of FAR's 119.5(g) and 119.5(1) was $250.00 per incident. Ifyour response to Request for AdmissionNo. 3.11 above is anything otherthan an unqualified admission, please provide:
a. a full statement ofall facts and reasons which form the basis for your failure to make an unqualified admission; and b. all documents which form the basis of, orrelate to your failure to make an unqualified admission. 3.12 ADMITthatyou did not appeal, or otherwise challenge, Judge Goodwin's Initial Decisions ofMay 2, 2013 in FDMS Nos. FAA-2011-0485, FAA-2011-0486, and FAA-2011- 0779. Ifyour response to Request for AdmissionNo. 3.12 above is anything otherthan an unqualified admission, please provide:
a. a full statement ofall facts and reasons which form the basis for your failure to make anunqualified admission; and b. all documents which form the basis of, orrelate to your failure to make an unqualified admission. 3.13 ADMIT thatthe facts and violations alleged inthe instant consolidated matters
are not are not substantially different from those in FDMS Nos. FAA-2011-0485, FAA-2011- 0486, and FAA-2011-0779.
FDMS Case Nos.: FAA-2012-0868; FAA-2012-0869; FAA-2012-0872; FAA-2012-0873; FAA-2012-0874; FAA2012-0904; FAA-2013-0617 and FAA-2013-0619 (CONSOLIDATED)

SKYWEST AIRLINES, INC.'S FIRST DISCOVERY REQUEST 13Ifyour response to Request for AdmissionNo. 3.13 above is anything otherthan an unqualified admission, please provide:
a. a full statement ofall facts and reasons which form the basis for your failure to make an unqualified admission; and b. all documents which form the basis of, or relate to your failure to make an unqualified admission. 3.14 ADMIT that FAA Order 2150.3B, FAA Compliance and Enforcement Program, Chapter 7., Sanction Guidance Policies, Paragraph 6.b., General Sanction Guidance, states: Simply adding up the individual penalties for each violation couldresult in compounding a sanctionin a disproportionately harsh manner for the conduct involved. Ifyour response to Request for AdmissionNo. 3.1 above is anything otherthan an unqualified admission, please provide:
a. a full statement ofall facts and reasons which form the basis for your failure to make an unqualified admission; and b. all documents which form the basis of, orrelate to your failure to make anunqualified admission. 3.15 ADMIT that FAA Order 2150.3B, FAA Compliance and Enforcement Program, Chapter 7., Sanction Guidance Policies, Paragraph 7.b., Limitations on Total Civil Penalty Amounts for Numerous Multiple Violations, clause (2), states: The term isolated in Figures 7-1 and 7-2 typically describes a single instance ofan employee's failure to follow a statutory or regulatory requirement, contrary to the company's ownpractice or procedure. A case may involve a number ofisolated and unrelated violations. Each group ofthe multiple violations resulting from each isolated violation ordinarily is subject to the isolated, inadvertent ranges in Figures 7-1 or 7-2. FDMS Case Nos.: FAA-2012-0868; FAA-2012-0869; FAA-2012-0872; FAA-2012-0873; FAA-2012-0874; FAA2012-0904; FAA-2013-0617 and FAA-2013-0619 (CONSOLIDATED)

SKYWEST AIRLINES, INC.'S FIRST DISCOVERY REQUEST 14Ifyour response to Request for AdmissionNo. 3.15 above is anything other than an unqualified admission, please provide:
a. a full statement ofall facts and reasons whichform the basis for your failure to make an unqualified admission; and b. all documents which form the basis of, orrelate to your failure to make anunqualified admission. 3.16 ADMITthat FAA Order 2150.3B, FAA Compliance and EnforcementProgram, Chapter 7., Sanction Guidance Policies, Paragraph 7.c., Penalties Outside the Ranges, Clause (1), Penalties lowerthan the ranges, states: Itmay be appropriate to select a civil penalty amount belowthe ranges in Figures 7-1 or 7-2 ifthe degree ofculpability is minimal, the degree ofpotential hazard is extremely low, and there are no other aggravating circumstances. Ifyour response to Request for AdmissionNo. 3.16 above is anything otherthan an unqualified admission, please provide:
a. a full statement ofall facts and reasons whichform the basis for your failure to make an unqualified admission; and b. all documents which form the basis of, orrelate to your failure to make an unqualified admission. Respectfully submitted this 17th day ofSeptember, 2013.

FDMS Case Nos.: FAA-2012-0868; FAA-2012-0869; FAA-2012-0872; FAA-2012-0873; FAA-2012-0874; FAA2012-0904; FAA-2013-0617 and FAA-2013-0619 (CONSOLIDATED)

SKYWEST AIRLINES, INC.'S FIRST DISCOVERY REQUEST 15

### CERTIFICATE OF SERVICE The undersigned hereby certifies that on September 17, 2013, a true and correct copy of: 

### SKYWEST AIRLINES, INC'S FIRST DISCOVERY REQUEST
was served as follows: The Honorable Richard C. Goodwin Office ofHearings, M-20 1200 NewJersey Avenue, S.E. East Building Ground Floor Room E12-320 Washington, D.C. 20590 {Federal Express} Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 {Federal Express} Robert Spitzer, Esq. Federal Aviation Administration Northwest Mountain Region, ANM-7 1601 Lind Avenue S.W. Renton, Washington 98057 FAX: (425) 227-1007 {Facsimile andFederalExpress}

FDMS CaseNos.: FAA-2012-0868; FAA-2012-0869; FAA-2012-0872; FAA-2012-0873; FAA-2012-0874; FAA2012-0904; FAA-2013-0617 and FAA-2013-0619 (CONSOLIDATED)

SKYWESTAIRLINES, INC.'S FIRST DISCOVERY REQUEST 16