### SERVED: MAY 31, 2012 U.S. DEPARTMENT OF**TRANSPORTATION~:** 

### OFFICE OF HEARINGS

WASHINGTON, DC**----------~------------------** 

### IN THE MATTER OF SKYWEST AIRLINES, INC. FAA DOCKET NO. CP11 SWOOOO (Civil Penalty Action) FDMS NO. FAA-2011- 0779 1



### NOTICE OFHEARING DATES ZJJ1l 

### .. I

NOTICE IS HEREBY GIVEN thattestimony and evidence will 

### be heard and considered on October4, 2012, inclusive, in Courtroom 369,2 

### U.S. Bankruptcy Court, FrankE. Moss Courthouse, 350 S. Main Street, SaltLake City, UT 84101. Hearings will 

### commence at 9:00a.m. and conclude at 4:30p.m. each day. The parties shall vacate the courthouse on orbefore 5:00p.m. each day. Settled cases will not be removed from the docket until the Judge receives the proper pleading(s). Pleadings may be forwarded by fax, express mail, courier o 1service.



# u.s.

1This is case was originally docketed as FAA Docket 2011NM060033, but entered into DMS with two separate DMS numbers (FAA-2011-0779 and FAA-2011-0680) ontwo separate dates. On October4, 2011, Judge Yoder issued a pleading enumerating the duplicitythen stating "Accordingly, that docket is closed". While the October4, 2011 pleading was captioned in part as a "Notice ofAssignment

..." there was no language in the pleading assigning the case. The parties will be asked to brief, in Post-Hearings briefs, the following: (1) is a formal "Notice ofAssignment" (NO A) necessary before an ALJ canperform any function with respect to a case?; (2) does an ALJhavejurisdiction over a case which is not assigned to him/her by language in an NOA?; (3) which DMS case was "closed" bythe October 4, 2011 pleading?; (4) is "closing a docket" the same as dismissing a docket/case?; (5) does closing a docket preclude the parties from having the issues adjudicated?; (6) has FAA-2011-0680 and/or FAA-2011-0779 been dismissed by the October4, 2011 pleading?: (7) any other matter the parties feel should be briefed with respect to the Order ofOctober4, 2011. 2 The parties should confirm the courtroom the day ofthe hearing. 

### 1

### SERVICE LIST ORIGINAL & ONE COPY Federal Aviation.Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W1000 1 

### ONE COPY Todd C. Emerson, 

### Respondent'sRepresentative Director

- Government and Legal Affairs SkyWest Airlines 444 South River Road 

### St. George, UT 84790 TEL: 435-634-3530 FAJ(: 435-634-3505 Jeffrey M. Harper, 

### Complainant's Counsel Attorney, Office ofthe Regional Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Avenue, S.W. Renton, W A 98057 TEL: 425-227-2161 FAJ(: 425-227-1007 The Honorable Richard C. Goodwin,

### AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJerseyAvenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAJ(: 202-366-7536 FDMS No. FAA-2011-0779 (Civil Penalty Action)

1 Service was by U.S. Mail. For service 

### inperson orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur WrightBuilding-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. ,, '