465 California Street 

Suite 210 

• 

San Francisco 

California 941 04 

• 

(415) 421-2500 

Fax (415) 421-2560 

www.avialex.com 

law@avialex.com 

Michael L. Dworkin and Associates 

Law Offices 

Via FEDEX: 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

(Via Federal Express) 

RECErVED 

SEP 1 8 2013 

HEARING DOCKET 

September 17, 2013 

... ~ ·•' 

'...--•.....l .... . ' I~ , ' .•. · ·-

·~ i ..-·.:.\ 

RE: SkyWest Airlines, 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 copy of 

SkyWest Airlines, Inc.'s First Discovery Request. 

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

Robert Spitzer, Esq., FAA ANM -7 
Todd C. Emerson, #8175 

444 South River Road 

St. George, Utah, 84 790 

Telephone: (435) 634-3530 

Facsimile: (435) 634-3505 

Email: temerson@skywest.com 

-andMichael L. Dwork 

MICHAEL L. D\\ ~ 

465 California Stn Q R J G J NAt· 

San Francisco, Cal 

Telephone: (415) L 

Facsimile: (415) 4 

Email: law@avial61\...wm 

Attorneys for Sky West Airlines, Inc. 

RECEIVED 

SEP 1 8 2013 

HEARING DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the 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, INB E c E 'v E Q 

SEP 1 8 2013 

One 

HEARiNG DOCKET 

September 17,2013 

October 21, 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. (hereinafter referred to as "SKYWEST"), by and through 

its undersigned counsel, submits the following Discovery Requests. SKYWEST further requests 

that Complainant provide the following information in response to this Discovery Request on or 

before October 21, 2013. 

DATED this 17th day of September, 2013. 

Michael L. Dworkin 

Co-Counsel for Sky West Airlines, 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 take judicial notice of 14 Code of 

Federal Regulations, Parts 1-198, commonly referred to as the "Federal Aviation Regulations" 

(hereinafter referred to as the "FAR's") and Title 49, United States Code, Transportation; all 

words used in this 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 on your behalf- includes, but is not limited to, 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, or public 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 of recording upon any tangible thing, any form of communication or representation, 

including letters, words, pictures, sound, or symbols, or combinations thereof. 

0.5 You - includes Complainant, its agents, employees, attorneys, and anyone else acting on 

behalf of Complainant. 

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 

3 
0.6 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 when translation 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 SOUGHT TO BE PRODUCED 

SKYWEST acknowledges its prior receipt of portions of what Complainant has 

represented were the evidentiary portions of its case files pertaining to the subject consolidated 

matters. In the interests of economy, materials and documents heretofore provided by 

Complainant's counsel to SKYWEST' s counsel need not be again produced. 

1.1. Produce Complainant's case files in each and every one of these consolidated 

matters in their entirety, including, but not limited to, items of proof, exhibits, correspondence, 

memoranda, and all other documents contained therein. 

1.2. Produce all documents pertaining to the allegations set forth in the Complaints in 

these consolidated matters. 

1.3. Produce all documents which Complainant intends to utilize as exhibits at the 

hearing in these 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 

4 
1.4. Produce all statements and documents pertaining to statements made to Complainant 

by SKYWEST concerning the facts and/or violations alleged in the Complaints. 

1. 5. Produce all statements and documents pertaining to statements made to Complainant 

by any employees or former employees of SKYWEST concerning the facts and/or violations 

alleged in the Complaints. 

1.6. Produce all statements and documents pertaining to statements made to Complainant 

by any other person, 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 of all 

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 held by Complainant's 

experts acquired or developed in anticipation of litigation or for the hearing in these consolidated 

matters. 

1.9. Produce all documents reviewed by Complainant's experts in connection with the 

anticipated litigation or hearing in these consolidated matters. 

1.10. Produce all documents generated by Complainant's experts in connection with the 

anticipated litigation or hearing in these consolidated matters. 

1.11 Produce all documents evidencing and/or pertaining to Complainant's computation 

of the proposed civil penalties in accordance with FAA Order 2150.3B, FAA Compliance and 

Enforcement Program, including but not 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 

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1.12 Produce all documents supporting any contention by Complainant that safety of 

flight was adversely affected on any or all of the subject flights specified in the Complaints. 

1.13 Produce all documents supporting any contention by Complainant that any 

aircraft was operated outside of its respective operating limitations, including but not limited to 

weight and balance, for any of the flights specified in the Complaints. 

2.0 INTERROGATORIES 

2.1 State the name, occupation, employer, address and telephone number of each person 

Complainant intends to call as a witness (including but not limited to percipient witnesses, 

investigators and experts) at the hearing in these consolidated matters. 

2.2 Provide copies of all documents Complainant intends to offer into evidence as 

exhibits at the hearing, including the name and address of its author or maker, the names and 

addresses of all persons who were addressees, the date on which it was created or made, the 

nature of the document and substance of the information or communication set forth in the 

document. 

2.3 For each expert witness Complainant intends to call at the hearing, provide a 

curriculum vitae, including a list of all publications authored in the 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 or by deposition. 

2.4 For each expert witness Complainant intends to call at the hea,ring, provide a 

statement of all 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 FIRST DISCOVERY REQUEST 

6 
2.5 For each expert witness Complainant intends to call at the hearing, provide copies of 

any documents prepared or reviewed by said expert witness. 

2.6 If Complainant obtains additional documents not mentioned in response to Request 

No. 2.2, above, SKYWEST requests these documents be produced as expeditiously as possible. 

2.7 If Complainant secures additional witnesses not mentioned in response to Request 

No. 2.1, above, SKYWEST requests a supplementary witness list and a brief statement regarding 

the subject matter of the testimony of each of the witnesses. 

2.8 Provide a description or summary of any and all aggravating factors Complainant 

believes exist necessitating the penalty amount sought in these consolidated matters. 

2.9 Provide a description or summary of any and all mitigating factors Complainant 

took into consideration when determining the penalty amount sought in these consolidated 

matters. 

2.10 Provide any documents, calculations or other writing evidencing Complainant's 

calculation of the weight and balance for each of the subject aircraft during each of those flights 

specified in the Complaints. 

2.11 Provide any documents, calculations or other writing evidencing Complainant's 

calculation of aircraft performance, including but not limited to required thrust settings, runway 

length and rate of climb for each of the subject aircraft during each of those 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 in the Complaints were the result of 

acts or omissions that were contrary to SKYWEST' s own policies, procedures and manuals then 

in effect.; 

If your response to Request for Admission No. 3.1 above is anything other than an 

unqualified admission, please provide: 

a. a full statement of all 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. 

3.2 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. 

If your response to Request for Admission No. 3.2 above is anything other than an 

unqualified admission, please provide: 

a. a full statement of all 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) 

SKYWEST AIRLINES, INC.'S FIRST DISCOVERY REQUEST 

8 
3.3 ADMIT that FAA Advisory Circular AC120-27E states that the use of actual 

baggage and passenger weights in computing aircraft weight and balance is impractical, and 

authorizes the use of average weights programs. 

If your response to Request for Admission No. 3.3 above is anything other than an 

unqualified admission, please provide: 

a. a full statement of all 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. 

3.4 ADMIT that in AC120-27E, Complainant recognized that there is no implicit or 

automatic danger caused by small discrepancies between the aircraft weight specified in the load 

manifest and the actual weight of the aircraft. 

If your response to Request for Admission No. 3.4 above is anything other than an 

unqualified admission, please provide: 

a. a full statement of all 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. 

3.5 ADMIT that AC120-27E permits a 2% tolerance in the difference between the 

aircraft weight specified in the load manifest and the actual weight of the aircraft. 

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 

9 
If your response to Request for Admission No. 3.5 above is anything other than an 

unqualified admission, please provide: 

a. a full statement of all 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. 

3.6 ADMIT that none of the flights specified in the Complaints exceeded a 2% 

tolerance in the difference between the aircraft weight specified in the load manifest and the 

actual weight of the aircraft. 

If your response to Request for Admission No. 3.6 above is anything other than an 

unqualified admission, please provide: 

a. a full statement of all 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. 

3.7 ADMIT that on at least one prior occasion, the FAA granted a certificated air 

carrier relief to provide for variance in small miscounts in the numbers of items of baggage 

counted, or reported on the Cargo Load Reports (CLR's), or the weights reported on aircraft load 

manifests. 

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 

10 
If your response to Request for Admission No. 3.7 above is anything other than an 

unqualified admission, please provide: 

a. a full statement of all 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. 

3.8 ADMIT that SKYWEST had requested the same relief described in Request for 

Admission No. 3.7 above. 

If your response to Request for Admission No. 3.8 above is anything other than an 

unqualified admission, please provide: 

a. a full statement of all 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. 

3.9 ADMIT that the FAA declined to grant SKYWEST the requested relief described 

in Request for Admissions Nos. 3.7 and 3.8 above. 

If your response to Request for Admission No. 3.9 above is anything other than an 

unqualified admission, please provide: 

a. a full statement of all 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) 

SKYWEST AIRLINES, INC.'S FIRST DISCOVERY REQUEST 

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3.10 ADMIT that in Complainant's investigations ofthe matters alleged in the 

Complaints in these consolidated matters: 

a. the CLR's that you obtained and which you are utilizing as evidence were 

copies of the respective flight crews' CLR's; 

b. You did not obtain or review the pertinent CLR' s prepared and kept at the 

originating stations for each of the subject flights; 

c. You did not speak with the flight crews and/or the personnel who loaded the 

aircraft prior to each of the subject flights; 

d. You did not determine whether there were any last minute additions or 

removals of baggage at the originating stations; 

e. You did not determine whether the aircraft weights specified in each of the 

load manifests were correct or incorrect. 

If your responses to Request for Admission No. 3.10 a., b., c., d. and/or e. above are 

anything other than an unqualified admission, please provide: 

a. a full statement of all 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. 

3.11 ADMIT that in his Initial Decisions of May 2, 2013, in FDMS Nos. FAA-2011-

0485, FAA-2011-0486, and FAA-2011-0779, the Honorable Richard C. Goodwin, 

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 

12 
Administrative Law Judge, 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. 

If your response to Request for Admission No. 3.11 above is anything other than an 

unqualified admission, please provide: 

a. a full statement of all 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. 

3.12 ADMIT that you did not appeal, or otherwise challenge, Judge Goodwin's Initial 

Decisions of May 2, 2013 in FDMS Nos. FAA-2011-0485, FAA-2011-0486, and FAA-2011-

0779. 

If your response to Request for Admission No. 3.12 above is anything other than an 

unqualified admission, please provide: 

a. a full statement of all 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. 

3.13 ADMIT that the facts and violations alleged in the 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 

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If your response to Request for Admission No. 3.13 above is anything other than an 

unqualified admission, please provide: 

a. a full statement of all 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 could result in compounding 

a sanction in a disproportionately harsh manner for the conduct involved. 

If your response to Request for Admission No. 3.1 above is anything other than an 

unqualified admission, please provide: 

a. a full statement of all 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. 

3.15 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 of an 

employee's failure to follow a statutory or regulatory requirement, contrary to the 

company's own practice or procedure. A case may involve a number of isolated and 

unrelated violations. Each group of the 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 

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If your response to Request for Admission No. 3.15 above is anything other than an 

unqualified admission, please provide: 

a. a full statement of all 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. 

3.16 ADMIT that FAA Order 2150.3B, FAA Compliance and Enforcement Program, 

Chapter 7., Sanction Guidance Policies, Paragraph 7.c., Penalties Outside the Ranges, Clause (1), 

Penalties lower than the ranges, states: 

It may be appropriate to select a civil penalty amount below the ranges in Figures 7-1 or 

7-2 if the degree of culpability is minimal, the degree of potential hazard is extremely 

low, and there are no other aggravating circumstances. 

If your response to Request for Admission No. 3 .16 above is anything other than an 

unqualified admission, please provide: 

a. a full statement of all 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. 

Respectfully submitted this 17th day of September, 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 of Hearings, M-20 

1200 New Jersey 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 2W1 000 

{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 and Federal Express} 

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 

16