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: 

Sky West 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 of Civil Procedure, please 

respond to the following Interrogatories, Requests for Production of Documents, 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 

of or obtainable by your attorneys, investigators, representatives, employees, agents, or 

anyone acting on your behalf or on their behalf. 

Th.ese discovery requests are continuing in nature and any infonnation. which may be 

discovered by you subsequent to the service and filing of your answers must be brought to 

the attention of the agency attorney tl:u:ough supplemental answers when it becomes 

available to you, at a reasonable time prior to the hearing in this matter. lf there are any 

additions, deletions or changes i,n the answers or information provided at any time prior to 

the hearing Respondent is specifically requested to so immediately inform the agency 

attorney. If such information is not furnished, the agency attorney at the time of the hearing 

vv:ill move to exclude from evidence such infonnation requested and not furnished. 

Tile agency attorney further requests that the Respondent produce the documents identified 

and designated herein for inspection and copying at the Federal Aviation Administration 

(FAA) Office ofRegi.onal Counsel, Suite 570, 1601 Lind Avenue, 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 for Admission 

and Requests for Production you invoke or rely upon any privilege of any kind, state 

specifically the nature of the privilege; the basis upon which you invoke, rely upon, or claim 

, it; including any statutory or decisional reference if applicable; 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 of December, 2014. 

Dtgit<J l!y si~ned by JEFFREY M 

<: ,- / HARPER 

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

. ou~ANM, ou=ANM, c:n=JEFFREY 

: M. Harper M HARPER 

FAA Attorney Dat" 2014.12.09 oson ,, o -08'00' 

Complainant's Initial Discovery Request 

In the Matter SkyWest 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)227-1007 

PAGE 03/07 
12/0g/2014 13:02 4252271007 ANH7 PAGE 04/07 

Interrogatories 

Interrogatory No. 1: IdentifY by name, address, and telephone number all persons whom 

Sky West Airlines, Inc. knows to have personal knowledge of the matters alleged in the 

Complaint 

Interrogatory No. 2: IdentifY by title, 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: IdentifY by name, address, and telephone number, aJ.J persons whom 

you intend to have testifY as a factual or expert witness in your defense at the hearing in this 

matter, and for factual witnesses, provide a detailed summary of each 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 or vvitnesses the document will be offered. See Request for 

Production No. 2. 

Interrogatory No. 5: With respect to each expert witness identified in response to 

Interrogatory No. 3, specifY their specific area of expertise and provide a synopsis of their 

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 of the facts and 

opinions to which the expert is expected to testizy, and provide a summary of the grounds 

for each such opinion. 

Interrogatory No. 7: Describe with specificity all facts and evidence you intend to rely upon 

in support of any affirmative defenses raised in any Answer to the Complaint See Request 

for Production No.3. 

Interrogatory No. 8: Describe with specificity all ofthe facts which you anticipate 

presenting in the course of the heru:ing in. this matter pertaining to the avoidance or 

mitigation of the sanction sought by the FAA in this case. See Request for J:'roduction No. 4. 

Interrogatory No.9: For each allegation in the Complaint that is denied-whether outright 

or as a result of having insufficient information or knowledge from which to form a belief as 

to tbe truth of the allegation, in whole, or in 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) 227-1007 
12/09/2014 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 

Interrogatory No. 10: For any Requests for Admissions that are denied-whether outright or 

as a result of having insufficient information or knowledge from which to form a belief as to 

the truth of the allegation, in whole, or in part--state with specificity the 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 Production No. 6. 

Requests for Production 

Request for Production No. 1: Provide a copy of all documents referred to in your answer to 

Interrogatory No. 2 

Request for Produ.ction No. 2: Provide a copy of alJ documents referred to in your answer to 

Interrogatory No. 4. 

Reguest for Production No.3: Provide a copy of all documenta that support your answer to 

Interrogatory No. 7. 

Reguest for Production No. 4: Provide a copy of all documents that support your answer to 

Interrogatory No.8. 

Recuest for Production No.5: Provide a copy of all documents that support your answer to 

Interrogatory No. 9. 

Request for Production No. 6: Provide a copy of all documents that support your answer to 

Interrogatory No. I 0. 

Request for Production No. 7: Provide a copy of all exhibits that Sky West intends to offer as 

evidence or will use during any hearing in tltis matter. 

Requests for Admission 

Under 14 C.F.R. § 13.220(b) and Ru1e 36 of the Federal Ru1es of Civil Procedure, you are 

requested to admit the truth of the following matters. A matter is admitted unless responded 

to in a reasonable time. The Ru1es of Practice in FAA Civil Penalty Actions, 14 C.F.R. 

§ l3,220(d), defmes a reasonable time to be 30 days. The agency requests that an answer be 

served upon the agency attorney either admitting the matter, specifically denying the matter, 

stating why the 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) 227-1007 
12/09/2014 13:02 4252271007 ANM7 

reasons for the objection stated within 30 days ofthe date of service upon you, that is, 

January 8, 20 JSRequ_,st for Admission No. 1: Admit that, for the 12 month period ending June 2014, 

Sky West Airlines 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 of Aviation Analysis, Competition and Policy Analysis Division. 

Reguest for Admission No. 2: Admit that, as of December 31, 2013, Sky West Airlines 

employs more than 1,500 employees, as shown by Sky West, Inc.'s 2013 Annual Report. 

Request for Admission No. 3: Admit that S1:yWestAirlines has the financial ability to pay 

the $280,375 requested civil penalty in FAt... Case No. 2014WP9!0006, FDMS No. FAA2014-0686. 

Request for Admi,ssion No.4: Admit tl1e accidents referred to in Sky West's Answer, 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·:1007 
12/09/2014 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 of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building 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 2Wl 000 

Federal Aviation Administration 

800 Independence Ave. SW. 

Washington, DC 20591 

Fax: (202) 267-1293 

Todd Emerson, Esq. 

Sky West Airlines 

444 s. Ri.ver Road 

St. George, UT 84790 

Tel: (435) 634-3530 

Fax: (435) 634-3505 

temerson@skywest.corn 

Dated this 9th day of December, 2014 . 

Dana 

. ··[Cuvcrf~<vt) L. Stephenson 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, W A 98057 

(425) 22nt64 

Complain;;~nfs Initial Discovery Request 

Sky West 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 07/07 
12/09/2014 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 of the indi.vidual named on this cover sheet. 

If the reader of this message is not the intended recipient, you are hereby notified that a1Jy 

use, dissemination, distribution, or copy of this facsimile is strictly prohibited. If you 

have received this facsimile in error, please immediately notify us by telephone 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.