### SERVED: AUGUST 

### 27 1 

### 2012

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF 

### SKYWEST AIRLINES FAA DOCKET NO. [TO BEASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012- 0872

PROCEDURAL ORDER In order to expedite the hearing in this matter, the parties shall comply with the Procedural Schedule set forth hereinbelow 1• The Rules ofPractice for this proceeding are set forth in 14 C.P.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2• Under FAA Order 2150.3B and the Rules governing these proceedings, the Agency attorney and the Respondent are encouraged to considerthe possibility of settlement and compromise ofthis matter.3 Compromise may be effected with or without a finding ofviolation (14 C.P.R. §13.16 (n) (1)). NOTE: This presiding Judge does notrequire "Discovery" to be served onthe Judge. Other Judges have different policies, but as long as this case is assignea to the undersigned presiding Judge the parties may, but are not required, serve discovery onthe undersigned. Thejudge will not discuss the case with any party,4 or its representative on an ex parte basis. Ifa party has a Non-substantivematterto discuss, they should contact Mr.

1Materials filed inthe FAA Hearing Docket (except for materials filed in security cases) are also available for viewing at http://www.regulations.gov.
. 2 The Administrator's civil penalty decisions, along with indexes ofthe decisions, the Rules ofPractice, as well as other materials relating to civil penalty cases, are available onthe internet at: http:/lwww.faa.gov/ about! office_orglheadquarters _offices/ age/pol_adjudication/ agc400/ civil _penalty!; see also: http://ecfr.gpf!access.gov/cgi/t/textltext-idx?c=ecfr&tpl=lecfrbrowse/Titlel4/ 14tab
_02.tpl. In addition, Thomson Reuters/West Publishing publishes Federal Aviation Decisions. Finally, the decisions are available through LEXIS (TRANS library) and Westlaw 9FTRAN-FAA database). For additional information, see the Web site.
. 3
. '

See LindaJoyce Goodman, FAA Docket No. CP89WP0061, Order dated May 30, 1989. 4 "Thepublic policy offavoring and encouraging settlement makes necessary the inadmissibility of settlementnegotiations inorderto foster frank discussions". (Fiberglass Insulators, Inc, v Dupuy, etal, (856 F. 2d 652, 26 Fed. R. Evid. Serv. 1225, 1988. See also Coakley & Williams Construction, Incorporated v Structural Concrete Equipment, Incorporated, 973 F.2d 349, 1992; 2 McCormick on Evid. §266 (6th ed.); Rule 68 ofthe Federal Rules ofCivil Procedure.). Rule408 ofthe Federal Rules of 1,,Ira Leibowitz at (202) 366-2139 (Ira.Leibowitz@dot.gov). Administrative matters may be addressed to StaffAssistant, Pat Matthews [202-366-5121] (Patricia.Matthews@dot.gov). WHEREFORE, the parties be and are herebyORDERED to adhere to the following procedural schedule: 

### 1. Venue shall be Salt Lake City, UT.; 2. On or before November 9, 2012, the parties shall conclude all discovery including, but not limited to, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannot resolve a discovery dispute they shall submit the dispute to the undersigned for resolution.in a timely manner; 3. The parties shall be prepared to present this case at a hearing on or after November 9, 20125
, subject to the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming in a separate Order
.

.4. The parties will have the opportunity to file Post-Hearing briefs and arguments pursuant to a schedule to be determined atthe hearing. For guidance, the following schedule is typically used: Complainant shall file

. its brieffifteen (15) days after receipt ofthetranscript; Respondent shall

its brieffifteen (15) days thereafter; and any rebuttal briefbythe Complainant shall be filed seven (7) days thereafter. 5. Settled cases will not be removed from the hearing docket untitthe proper written pleading(s), consistent with the applicable rules,6is received by the presidingjudge.7

Evidence "
...prohibits the admission ofstatements made in compromise negotiations
..."**(iii''til~** Matter of Africa Air Corporation, FAA Order No. 99-5). "Rule 408's public policypurpose ofencouraging frank settlement discussions is as compelling inFAA civil penalty proceedings as it is in Federal Trials. Hence, its guidance will be followed in these proceeds." (Id.) 5 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give eachparty at least 60 days notice of the date, time and location ofthe hearing." 6 14C.F.R. § 13.215 states: At any time before orduring a hearing, an agency attorney may withdraw a complaint orparty may withdraw a request for a hearing without the consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or a party withdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice. 7 See: In the Matter ofLewis Drake & Associates, FAA Docket No. CP03S00045, DMS. No. FAA-2003- 16379, ''Order Terminating Proceeding", served February 26, 2005; citing Ken:y James Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding", served January 16, 1991, at 1; In The MatterofRobertliarris FAA DocketNo. CP03EA0001. DMS No. FAA-2002-14236., Orders dated October 18,2004 and October 27,2004. USAIR. Inc., FAADocket CP90NE0359, Trans World Airlines, Inc., FAA Dockets CP90GL0085, CP90CE0110, CP90CE0114, CP90CE0134, Orderof Administrative Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "OrderDismissing 2

### 6. The parties are advised that submissions sent to'the street address ofthe U.S. Department ofTransportation, Office ofHearings, may be delayed due to screening conducted by the U.S. Postal Service and/or other security agencies and may take up to four ( 4) weeks to be delivered. Additionally, submissions may be "irradiated", which affects the quality ofsubmissions. The parties are encouraged, but notrequired, to file submissions byprivate delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice.

# ~ U.S. Administrative Law Judge Attachment

- Service List

,,

Complainant's Appeal". In The Matter ofRobert Harris, FAA Docket No. CP03EA0001. DMS :No. FAA2005-14, August 15,2005. 

### 3

### 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-Suite 2W1000 1



### Todd C. Emerson, 

### Respondent's Counsel Director

- Government and Legal Affairs SkyWest Airlines 444 SouthRiver Road St. George, UT 84790 TEL: 435-634-3530 FAX: 435-634-3505 ONE COPY



### Jeffrey M. Harper, 

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

### Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAX: 202-366-7536 FDMS No. FAA-2012-0872 (Civil Penalty Action)

'•

1 Service.was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., WilburWright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.