Todd C. Emerson, #8175 

444 South River Road 

St. George, Utah, 84 790 

Telephone: (435) 634-3530 

Facsimile: (435) 634-3505 

RECEIVED 

FEB -4 2014 

HEARING DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

SkyWest Airlines, Inc. 

NOTICE OF DISMISSAL 

FAA Case No. 2011NM060049 

DMS Docket No. FAA-2012-0776 

Judge Richard C. Goodwin 

Sky West Airlines, Inc. ("SkyWest"), by its counsel, hereby advises the Office of 

Hearings that the parties have agreed to settle the above-referenced case, which was scheduled for 

a hearing within the time period: February 18 thru February 21, 2014 in Salt Lake City, Utah. 

This case can now be dismissed and removed from the hearing calendar. 

DATED this 3'd day of February, 2014. 

Todd C. Emerson 

Attorney for Sky West Airlines 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on this 3rd day of February, 2014, a true and correct 

copy of the foregoing NOTICE OF DISMISSAL was served as follows: 

The Honorable Richard C. Goodwin 

Office of Hearings M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Rm 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 

Jeffrey M. Harper 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

{E-mail and Federal Express} 

{Federal Express) ~---.. 

2 
MICHAEL P. HUERTA, Administrator 

Federal Aviation Administration, 

Complainant, 

V. 

Sky West Airlines, Inc.; 

Respondent 

FAA Case No. 2011NM060049 

DMS Docket No. FAA-2012-0776 

Complainant, Federal Aviation Administration (FAA), and Respondent, Sky West Airlines, Inc., 

through their undersigned representatives, hereby agree to settle the above-referenced case, with 

prejudice, upon the following terms and conditions; 

L By entering into this Settlement Agreement, the RespondMt acknowledges thatthe 

Administrator will issue an Order Assessing Civil Penalty (Order) based upon the Final 

Notice of Proposed Civil Penalty dated June 21,2012 (FinaJ Notice). 

2. The findings in the Order will become finaJ and legally determinative between the 

parties. 

3. Respondent agrees not to appeal the Order or otherwise seek judicial review. 

4. The Final Notice proposed to assess a civil penalty of$50,000. The Order will assess a 

civil penally of$32,500. Payment of $32,500 shall be per the tenns and conditions 

contained in the Order. 

5. Tbe violations cited in the Order will be identical to the proposed violations cited in the 

Final Notice. 

6. This settlement is not an admission of liability by Respondent, but is a compromise 

between the parties to settle a matter with disputed facts. The parties i'llrther agree that 

each pm1y shall bear its own costs and attorneys' fees incmTed in these matters, and that 
RespondGnt shall not seek torecover said costs and fees from the Federal Aviation 

Administration. 

7. RespOndent agrees it will withdraw its request for hearing in DMS Docket No. FAA2012-0776. 

8. The patties waive any rights to appeal or otherwise seek judicial or administrative review 

of this Settlement Agreement or the Order. Notwithstanding the foregoing, the parties 

reserve the right to judicially enforce any terms or provisions ofthis agreement. 

9. The parties executing this Settlement Agreement represent that they have the ability to 

bind their clients to the terms of the Settlement Agreement and that l\11Y subsequent Order 

in this matter shall incorporate by reference the terms of this Settlement Agreement. 

10. This Settlement Agreement may be executed in any number of counterparts, each of 

which shall be an original; but such counterpatts shall together constitute one and the 

san1e instrument. 

Dated this :.3[+ day of January, 2014. 

OFFICE OF REGIONAL COUNSEL 

/7 # ~? "' ~~~, '/'/;. ,(/ 1/ v ~--~ 

· . . M. Harper 

Attorney for Complainant 

RESPONDENT 

\ 

~~ c""'· ...... '-1':'""' 

~merson, Esq. 

Attorney for Respondent