Jeffrey Harper FAA Office of Regional Counsel 1601 Lind Avenue Southwest Renton, Washington 98057 T (425) 227-2161 F (425) 227-1007 

# RECE,VED AUG -5 2014 

## HEARING DOCKET

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

Inthe Matter of: SkyWest Airlines, Inc. FAA Case No. 2012NM060030 DMS No.: FAA-2014-0322 Honorable Richard C. Goodwin



### COMPLAINANT'S INITIAL DISCOVERY REQUEST
To Respondent:

In accordance with 14 C.F.R. 

### § 13.220 and the Federal Rules ofCivil Procedure, please respond to the following Interrogatories, Requests for Production ofDocuments, and Request for Admissions, separately and fully under oath September 5, 2014. These discovery requests are intended to discover information and/or documents not only within your personal knowledge or obtainable by you, but also information in the possession ofor obtainable by your attorneys, investigators, representatives, employees, agents, or anyone acting onyour behalfor ontheir behalf. These discovery requests are continuing in nature and any information which may be discovered by you subsequentto the service and filing ofyour answers must be brought to the attention ofthe agency attorney through supplemental answers whenitbecomes available to you, at a reasonable time prior to the hearing inthis matter. Ifthere are any additions, deletions or changes inthe answers or information provided at any time prior to the hearing Respondent is specifically requested to so immediately inform the agency attorney. 

### Ifsuch information is not furnished, the agency attorney at the time ofthe hearing will move to exclude from evidence such information requested and not furnished. The agency attorney further requests that the Respondent produce the documents identified and designated herein for inspection and copying atthe Federal AviationAdministration

Complainant's Initial Discovery Request Sky West Airlines, Inc. DMS No. FAA-2014-0322 Page 1 of6 JEFFREYM. HARPER, FAAATTORNEY T (425) 227-2161; F (425) 227-1007(FAA) Office ofRegional Counsel, Suite 570, 1601 LindAvenue, Southwest, Renton, Washington 98057, by September 5, 2014. 

### PRIVILEGE If, in responding to, or failing to respond to these Interrogatories, Requests for Admission and Requests for Production you invoke orrely upon any privilege ofany kind, state specifically the nature ofthe privilege; the basis upon which youinvoke, rely upon, 

### or claim it, including any statutory or decisional reference ifapplicable; and identify all documents or other information, including contacts and communications. whichyoubelieve to be embracedby the privilege invoked.
DATED this 1st day ofAugust, 2014.

# ~~~- 

# 41-__ &Harper FAAAttorney

Complainant's Initial Discovery Request SkyWest Airlines, Inc. DMS No. FAA-2014-0322 Page 2 of6 JEFFREY M.IIARPER, FAAATTORNEY T (425) 227·2161; F (425) 227-1007INTERROGATORIES Interrogatory No. 1: Identify byname, address, and telephone nrunber all persons whom Sky West Airlines, Inc. knows to have personal knowledge ofthe matters alleged inthe Complaint. Interrogatory No.2: Identify bytitle, date, author, present custodian, and content, 

### all documents, including correspondence, obtained by you or inyour possession, relating to the assertions inthe Complaint, your appeal, your answer, and any affirmative defenses which you anticipate raising inthis matter. See Request for ProductionNo. 1. Interrogatory No. 3: Identify byname, address, and telephone nrunber, all persons whom you intend to have testify as a factual or expert witness inyour defense at the hearing in 

### this matter, and for factual witnesses, provide a detailed SUIJ?illary ofeach person's anticipated testimony. Interrogatory No. 4: Identify bytitle, date, author, present custodian, and content, all documents which you anticipate offering into evidence orusing at the hearing inthis matter, and through which witness or witnesses 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 ofexpertise andprovide a synopsis oftheir 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 expectedto testify, the substance ofthe facts and opinions to which the expert is expected to testify, and provide a summary ofthe grounds for each such opinion. Interrogatory No.7: Describe with specificity all ofthe facts which you anticipate presenting inthe course ofthe hearing inthis matter pertaining to the avoidance or mitigation ofthe sanction sought by the FAA inthis case. Interrogatory No. 8: For each allegation inthe Complaint that is denied-whether outright or as a result ofhaving insufficient information or knowledge from whichto form a beliefas to the truth ofthe allegation, in whole, or inpart-state with specificity the facts that are the basis for that denial as well as the inquiries taken to determine that the allegation inthe complaint is not correct. See Request for ProductionNo.3. Interrogatory No. 9: For any Requests for Admissions that are denied-whether outright or as a result ofhaving insufficient information or knowledge from which to form a beliefas to

Complainant's Initial Discovery Request SkyWest Airlines, Inc. DMS No. FAA-2014-0322 Page 3 of6 JEFFREY M. HARPER, FAA ATTORNEY T (425) 227-2161; F (425) 227-1007the truth ofthe allegation, inwhole, or inpart-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 ProductionNo.4. Interrogatory No. 10: Describe with specificity all facts and evidence you intend to rely upon in support ofany affmnative defenses raised in any Answer to the Complaint. See Request for Production No. 5. REQUESTS FOR PRODUCTION Request for ProductionNo. 1: Provide a copy ofall documents referred to inyour answer to Interrogatory No. 2 Request for ProductionNo. 2: Provide a copy ofall documents referred to inyour answer to InterrogatoryNo. 4. Request for ProductionNo.3: Provide a copy ofall documents that support your answer to Interrogatory No. 8. Request for ProductionNo. 4: Provide a copy ofall documents that support your answer to InterrogatoryNo.9. Request for ProductionNo.5: Provide a copy ofall documents that support your answer to Interrogatory No. 1 0. Request for ProductionNo. 6: Provide a copy ofall exhibits that Sky West intends to offer or will use during the hearing inthis matter. REQUEST FOR ADMISSIONS Under 14 C.F.R. 

### § 13.220(b) and Rule 36 ofthe Federal Rules ofCivil Procedure, you are requested to admit the truth ofthe following matters. A matter is admitted unless responded to in a reasonable time. The Rules ofPractice inFAA Civil PenaltyActions, 14 C.F.R. 

### § l3.220(d), defines 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 whythe matter cannotbe admitted or denied, or objecting to the request, with reasons for the objection stated within 30 days ofthe date ofservice upon you, that is, September 5, 2014. Request for AdmissionNo. 1: Admit that, for the 12 month period ending March 2014 SkyWestAirlines had operating revenues in excess of$100 million, as shown bythe Airline Quarterly Financial Review (1st Quarter 2014) published bythe Department of Transportation, Office ofAviationAnalysis, Competition and PolicyAnalysis Division.

Complainant's Initial Discovery Request SkyWest Airlines, Inc. DMS No. FAA-2014-0322 Page 4 of6 JEFFREY M. HARPER, FAA ATTORNEY T (425) 227-2161; F (425) 227-1007Request for AdmissionNo.2: Admit that, as ofDecember 31, 2013, SkyWestAirlines employs more than 1,500 employees, as shown by SkyWestAirlines' 2013 Annual Report. Request for AdmissionNo.3_: Admit that Sky WestAirlines hasthe financial ability to pay the $40,000 requested civil penalty inFAA Case No. 2012NM060030 

### I FDMS No. FAA-2014-0322.

Complainant's Initial Discovery Request SkyWest Airlines, Inc. DMS No. FAA-2014-0322 Page 5 of6 JEFFREY M. HARPER, FAA ATTORNEY T (425) 227-2161; F (425) 227-1007

### CERTIFICATE OF SERVICE
I hereby certify that the foregoing Complainant's Initial Discovery Request has been served via Certified Mail- Return Receipt Requested this date, to the following: Todd Emerson, Esq. SkyWest Airlines 444 South River Road St. George, UT 84790 T (435) 634-3530 F (435) 634-3505 temerson@skywest.com 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 T (202) 366-2139 F (202) 366-7536 richard.goodwin@dot.gov Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 Federal Aviation Administration 800 Independence Avenue Southwest Washington, DC 20591 F (202) 493-5142 DATED this 1st day ofAugust, 2014.

Terri Kirk Office ofRegional Counsel (ANM-7) Federal Aviation Administration 1601 Lind Avenue Southwest Renton, WA 98057 T (425) 227-2007

Complainant's Initial Discovery Request SkyWest Airlines, Inc. JEFFREY M. HARPER, FAAATTORNEY T (425) 227-2161; F (425) 227-1007 DMS No. FAA-2014-0322 Page 6 of6