### Todd C. Emerson, #8175 444 South River Road St. George, Utah, 84790 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 SkyWest 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 cannow be dismissed and removed from the hearing calendar. DATED this 3'd day ofFebruary, 2014.

Todd C. Emerson Attorney for SkyWestAirlines

### CERTIFICATE OF SERVICE 

### The undersigned hereby certifies that onthis 3rd day ofFebruary, 2014, a true and correct copy ofthe foregoing NOTICE OF DISMISSAL 

### was served as follows: The Honorable Richard C. Goodwin Office ofHearings 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 2W1000 Jeffrey M. Harper Federal Aviation Administration Northwest Mountain Region, ANM-7 1601 Lind Avenue S.W. Renton, Washington 98057 {E-mail andFederalExpress}

{Federal Express)**~---..**



### 2MICHAEL P. HUERTA, Administrator Federal Aviation Administration, Complainant, V. SkyWest Airlines, 

### Inc.; Respondent FAA Case No. 2011NM060049 DMS DocketNo. FAA-2012-0776

Complainant, Federal Aviation Administration (FAA), and Respondent, SkyWest Airlines, Inc., through their undersigned representatives, hereby agree to settlethe above-referenced case, with prejudice, upon the following terms and conditions; L By entering into this SettlementAgreement, the RespondMt acknowledges thatthe Administrator will issue an OrderAssessing Civil Penalty (Order) based upon the Final Notice ofProposed 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 seekjudicial 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 thetenns 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 settlementis not an admission ofliability 

### by Respondent, but is a compromise betweenthe parties to settle a matter with disputed facts. The parties i'llrther agree that eachpm1y shall bear its own costs and attorneys' fees incmTed in these matters, and thatRespondGnt shall not seek torecover said costs andfees from the Federal Aviation Administration. 7. RespOndent agrees it will withdraw its requestfor hearing in DMS DocketNo. FAA2012-0776. 8. The patties waive any rights to appeal or otherwise seekjudicial or administrative review 

### ofthis Settlement Agreement 

### or the Order. Notwithstanding the foregoing, 

### the parties reserve the right tojudicially enforce any terms or provisions ofthis agreement. 

### 9. The parties executing this Settlement Agreement represent that they have the ability to bindtheir clients to the terms ofthe SettlementAgreement and that l\11Y subsequent Order in this matter shall incorporatebyreference the terms ofthis Settlement Agreement. 10. This Settlement Agreement may be executed in any number ofcounterparts, each of which shall be an original; but such counterpatts shall together constitute one and the san1e instrument. Dated this

# :.3[+ day 

### ofJanuary, 2014.

OFFICE OF REGIONAL COUNSEL 

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# v**~--~** · . . M. Harper Attorney for Complainant RESPONDENT 

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### Esq. Attorney 

### for Respondent