12/09/2014 13:02 4252271007

Jeffrey M. Harper FAA Office of Regional Counsel 1.601Urid Avenue Southwest Renton, Washington 98057 T (425) 227-2161 F (425) 227-1007 ANM7



### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

In the Matter of: SkyWest Airlines, Inc. DMS No. FAA-2014-0686 FAA Case No. 2014WP910006 Honorable Richard C. Goodwin



### COMPLAINANT'S INITIAL DISCOVERY REQUEST
To Respondent:
In accordance with 

### 14 C.F.R. 

### § 

### 13.220 and the Federal Ru1es ofCivil Procedure, please respond to the following Interrogatories, Requests for Production ofDocuments, and Request for Adwissions, separately and fully under oath by January 8, 2015. PAGE 02/07

These discovery requests are intended to discover infonnation and/or documents not only within your personal knowledge or obtainable by you, but also infonnation 

### in. the possession ofor obtainable by your attorneys, investigators, representatives, employees, agents, or anyone acting onyour behalfor on their behalf. Th.ese discovery requests are continuing in nature and any infonnation. which may be discovered by you subsequentto 

### the service and filing ofyour answers must be brought to the attention ofthe agency attorney tl:u:ough supplemental answers when it becomes available to you, at a reasonable time prior to the hearing in this matter. lfthere are any additions, deletions or changes 

### i,n the answers or information provided at any time priorto thehearing Respondent is specifically requested to so immediately inform the agency attorney. Ifsuch information is not furnished, the agency attorney at the time ofthe hearing 

### vv:ill move to exclude from evidence such infonnation requested and not furnished. Tile agency attorney further requests that the Respondentproduce the documents identified and designatedherein for inspection and copying 

### at the FederalAviationAdministration (FAA) Office ofRegi.onal Counsel, Suite 570, 1601 LindAvenue, Southwest, Renton, Washington 98057, January 8, 2015.12/09/2014 13:02 4252271007 ANM7

f:rivilege If, in responding to, or failing to respond to these Interrogatories, Requests forAdmission and Requests for Production you invoke orrely upon any privilege ofany kind, state specifically the nature ofthe privilege; the basis upon which you invoke, rely upon, or claim

, it; including any statutory or decisional reference ifapplicable; and identify all documents or other information, including contacts and communications, which you believe to be embraced by the privilege invoked.
DATED this 9th day ofDecember, 2014. Dtgit<J l!y**si~ned** by JEFFREY M 

### <: ,- / HARPER**'fJ/')~,.** 

## /::'fi_
. .....**/~-::-'1~.:.---.** -·· ..._ DN:**c~us, o~u.s.**  Governml:!nt,

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:M. Harper MHARPER FAAAttorney Dat" 2014.12.09 oson ,, o-08'00'

Complainant's Initial Discovery Request In the MatterSkyWest Airlines) Inc. DMS No. FAA-2014-0686: FAA Cese No. 2014WP910006 Page 2 of 6 Jeffrey M. Harper, FAA Attorney T (425)227·2161 F (425)227-1007PAGE 03/0712/0g/2014 13:02 4252271007 ANH7 PAGE 04/07

Interrogatories Interrogatory No. 1: IdentifY by name, address, andtelephone number all persons whom SkyWest Airlines, Inc. knows to have personal knowledge ofthe matters alleged in the Complaint Interrogatory No. 

### 2: IdentifY bytitle, date, author, present custodian, and content, all docwnents, including correspondence, obtained by you or in your possession, relating to the assertions in the Complaint, your appeal, your answer, and any aJfmnative defenses which you anticipate raising in this matter. See Request for Production No. 1. Interrogatory No.3: IdentifYby name, address, and telephone number, aJ.J persons whom you intend to have testifY as afactual or expert witness inyour defense at the hearing inthis matter, and for factual witnesses, provide a detailed 

### summary ofeach person's anticipated testimony. Interrogatory No. 

### 4: ldeutizy 

### by title, date, author, present custodian, and content, all docwnents which you anticipate offering into evidence or'u.sing at the hearing in this matter, and through which witness orvvitnesses the document will beoffered. See Request for ProductionNo. 2. Interrogatory No. 5: With respect to each expert witness identified inresponse to Interrogatory No. 3, specifY their specific area ofexpertise and provide asynopsis oftheir credentials, background, 

### training, and experience. Interrogatory No. 

### 6: With respect to each expert you expect to call as a witness, state the subject matter on which the expert is expected to testifY, the substance ofthe facts and opinions to which the expert is expected to testizy, and provide a summary ofthe grounds for each such opinion. Interrogatory No. 

### 7: Describe with specificity 

### all facts and evidence you intend to rely upon in support ofany affirmative defenses raised in any Answer to the Complaint See Request for ProductionNo.3. Interrogatory No. 8: Describe with specificity all ofthefacts which you anticipate presenting inthe course ofthe heru:ing 

### in. this matterpertaining to the avoidance or mitigation ofthe sanction sought by the 

### FAAinthis case. 

### See Request for J:'roduction No. 

### 4. Interrogatory No.9: For each allegation in the Complaintthat is denied-whether outright or as a result ofhaving insufficient information or knowledge from which to form abeliefas to tbe truth ofthe allegation, in whole, orin part-state with specificity the facts that are the Complainant's Initial Discovery Request In the Matter SkyWest Airlines, Inc. OMS No. FM-2014-0686; FAA Case No. 2014WP910006 Page 3 of6 Jeffrey M. Marper. FAA Attorney T (425) 227-2161 F (425) 227-100712/09/2014 13:02 4252271007 ANM7

basis for that denial as well as the inquiries taken to determine that the allegation in the Complaint is not oorrect. See Request for Production No. 5. PAGE 05/07

InterrogatoryNo. 10: For any Requests forAdmissions that are denied-whether outright or 

### as a result ofhaving insufficient information or knowledge from which to form a belief

### as to the truth ofthe allegation, in whole, or in part--state with specificitythe facts and evidence which are the basis for that denial as well as the inquiries taken to determine that the facts in the request for admission are not correct. See Request for ProductionNo. 6. Requestsfor Production Request for Production No. 1: Provide a copy ofall documents referred to inyour answer to InterrogatoryNo. 2 Request for Produ.ctionNo. 

### 2: Provide 

### acopy ofalJ documents referred to inyour answer to InterrogatoryNo. 4. Reguest for ProductionNo.3: Provide a copy ofall documenta that supportyour answerto Interrogatory No. 

### 7. Reguest for ProductionNo. 4: Provide a copy ofall documents that support your answer to Interrogatory No.8.
Recuest for ProductionNo.5: Provide a copy of

### all documents that supportyour answer to Interrogatory No. 9. Request for Production No. 6: Provide a copy ofall documents that support your answer to Interrogatory No. 

### I0. Request for ProductionNo. 7: Provide a copy ofall exhibits that Sky

### West intends to offer 

### as evidence or will use during any hearing in tltis matter. Requests forAdmission Under 14 C.F.R. 

### § 13.220(b) and Ru1e 36 ofthe Federal Ru1es ofCivil Procedure, you are requested to admit the truth ofthe following matters. Amatter is admitted unless responded to ina reasonable time. The Ru1es ofPractice in FAA Civil PenaltyActions, 14 C.F.R. 

### § l3,220(d), defmes areasonable time to be 30 days. The agency requests that an answer be served upon the agency attorney either admitting the matter, specifically denyingthe matter, stating whythe matter cannot be admitted or denied, or objecting to the request, with

Complainanes Initial Dlscovery Request In the Matter SkyWestAirlines, Inc. DMS No. FAA"20:!.4·0686; FAA case No. 2014WP910006 Page4of6 Jeffrey M. Harper, FAA Attorney T (425) 227-2161 F (425) 227-100712/09/2014 13:02 4252271007 ANM7

reasons for the objection stated within 30 days ofthe date ofservice upon you, that is, January 

### 8, 20JSRequ_,st for Admission No. 

### 1: Admit that, for the 12 monthperiod ending June 2014, SkyWestAirlines had operating revenues in eli'cess of$)00 million, as shown by the Airline Quarterly Financial Review (2nd Quarter 2014) published by the Department of Transportation, Office ofAviation Analysis, Competition and PolicyAnalysis Division. Reguest for AdmissionNo. 2: Admit that, as ofDecember 31, 2013, SkyWestAirlines employs more than 

### 1,500 employees, as shown by 

### SkyWest, Inc.'s 

### 2013 Annual Report. Request forAdmission No. 

### 3: Admit that S1:yWestAirlines has the financial ability to pay the $280,375 requested civil penalty inFAt... Case No. 2014WP9!0006, FDMS No. FAA2014-0686. Request for Admi,ssion No.4: Admit tl1e accidents referred to in 

### SkyWest'sAnswer,

### 41 II.ll were not "accidents" as that term is defmed in 14 C.F.R. § 120.7(a). PAGE 05/07

Complainant's Initial Discovery Request In the**M~tter** SkyWest Alrllnes, Inc, DMS NO.**FAA·20~4·0686;** FAA Case No, 2014WP910006 Page5of6 Jeffrey M. Harper, FAA Attorney T (425) 227·2161 F (425) 227·:100712/09/2014 13:02 4252271007 ANM7



### CERTIFICATE OF SERVICE
I hereby certify that the foregoing Complainant's Initial Discovery Request has been served via facsimile, e"mail, and Certified Mail- Return Receipt Requested this date, to the following: 

### Tile Honorable Richard C. Goodwin Office ofHearings, M-20 1200 NewJersey Avenue, S.E. EastBuilding Ground Floor, 

### Rm E12-320 Washington, DC 20590 Tel: (202) 366-2139 Fax: (202) 366-7536 richard.goodwin@dot.gov Attn: Hearing Docket 

### Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 Federal Aviation Administration 800 Independence Ave. SW. Washington, DC 20591 Fax: (202) 267-1293 ToddEmerson, Esq. SkyWest Airlines 444 

## s. Ri.ver Road St. George, 

### UT 84790 Tel: (435) 634-3530 Fax: (435) 634-3505 

### temerson@skywest.corn Datedthis 9th day ofDecember, 2014

.



# .

# ··[Cuvcrf~<vt) Dana 

### L. Stephenson Office ofRegional Counsel (ANM-7) Federal Aviation Administration 1601 Lind Ave. SW 

### Renton, W A 98057 (425) 

### 22nt64**Complain;;~nfs** Initial Discovery Request SkyWest Airlines; Inc. DMS No. FAA-2014-0686. FAA Case No. 20l4WP910006 Page 6 of6 Jeffrey M.**Harper~** FAA Anorney T (425)227-2161 !' (425)227-1007 PAGE 07/0712/09/2014 13:02 4252271007 ANM7

FACSIMILE MESSAGE
FEDERAL AVIATION ADMlNISTRA TION OFFICE OF REGIONAL COUNSEL ANM-7 1601 LIND AVENUE S.W. RENTON, WASHINGTON 98057 PAGE 01/07

The information contained in this facsimile message is legally privileged and confidential information and is intended only for the use ofthe indi.vidual named onthis cover sheet. Ifthe reader ofthis message is not the intended recipient, you are hereby notified that a1Jy use, dissemination, distribution, or copy ofthis facsimile is strictly prohibited. Ifyou have received this facsimile in error, please immediately notify us bytelephone at 425-227-2007.



### DATE: 

### TO: .FAX NO.: PHONE NO.: RE: 

### December 9, 2014 Docket Clerk AGC-430 

## 202-267-1293 Sky 

### West Airlines 

## DMS No. FAA-2014- 0686 2014WP9l0006 NO. PAGES: 7 

## including cover FROM: .T 

## effrey 

## M. Harper FAXNO.: 

## 425-227-1007 PHONE NO.: 

## 425-227-2161 EMAIL: JEFFREY.F-IARPER@FAA.GOV



## Complaints Initial Discovery Request.