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. 

In the Matter of: 

Sky West 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 of Civil Procedure, please 

respond to the following Interrogatories, Requests for Production of Documents, 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 

of or obtainable by your attorneys, investigators, representatives, employees, agents, or 

anyone acting on your behalf or on their behalf. 

These discovery requests are continuing in nature and any information which may be 

discovered by you subsequent to the service and filing of your answers must be brought to 

the attention of the agency attorney through supplemental answers when it becomes 

available to you, at a reasonable time prior to the hearing in this matter. If there are any 

additions, deletions or changes in the answers or information provided at any time prior to 

the hearing Respondent is specifically requested to so immediately inform the agency 

attorney. If such information is not furnished, the agency attorney at the time of the 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 at the Federal Aviation Administration 

Complainant's Initial Discovery Request 

Sky West Airlines, Inc. 

DMS No. FAA-2014-0322 

Page 1 of6 

JEFFREY M. HARPER, FAA ATTORNEY 

T (425) 227-2161; F (425) 227-1007 
(FAA) Office of Regional Counsel, Suite 570, 1601 Lind Avenue, 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 or rely upon any privilege of any kind, state 

specifically the nature of the privilege; the basis upon which you invoke, rely upon, or claim 

it, including any statutory or decisional reference if applicable; and identify all documents or 

other information, including contacts and communications. which you believe to be 

embraced by the privilege invoked. 

DATED this 1st day of August, 2014. 

~~~- 41-__ 

&Harper 

FAA Attorney 

Complainant's Initial Discovery Request 

Sky West Airlines, Inc. 

DMS No. FAA-2014-0322 

Page 2 of6 

JEFFREY M.IIARPER, FAA ATTORNEY 

T (425) 227·2161; F (425) 227-1007 
INTERROGATORIES 

Interrogatory No. 1: Identify by name, address, and telephone nrunber all persons whom 

Sky West Airlines, Inc. knows to have personal knowledge of the matters alleged in the 

Complaint. 

Interrogatory No.2: Identify by title, date, author, present custodian, and content, all 

documents, including correspondence, obtained by you or in your possession, relating to the 

assertions in the Complaint, your appeal, your answer, and any affirmative defenses which 

you anticipate raising in this matter. See Request for Production No. 1. 

Interrogatory No. 3: Identify by name, address, and telephone nrunber, all persons whom 

you intend to have testify as a factual or expert witness in your defense at the hearing in this 

matter, and for factual witnesses, provide a detailed SUIJ?illary of each person's anticipated 

testimony. 

Interrogatory No. 4: Identify by title, date, author, present custodian, and content, all 

documents which you anticipate offering into evidence or using at the hearing in this 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 of expertise and provide a synopsis of their 

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 expected to testify, the substance of the facts and 

opinions to which the expert is expected to testify, and provide a summary of the grounds 

for each such opinion. 

Interrogatory No.7: Describe with specificity all of the facts which you anticipate 

presenting in the course of the hearing in this matter pertaining to the avoidance or 

mitigation of the sanction sought by the FAA in this case. 

Interrogatory No. 8: For each allegation in the Complaint that is denied-whether outright 

or as a result of having insufficient information or knowledge from which to form a belief as 

to the truth of the allegation, in whole, or in part-state with specificity the facts that are the 

basis for that denial as well as the inquiries taken to determine that the allegation in the 

complaint is not correct. See Request for Production No.3. 

Interrogatory No. 9: For any Requests for Admissions that are denied-whether outright or 

as a result of having insufficient information or knowledge from which to form a belief as to 

Complainant's Initial Discovery Request 

Sky West Airlines, Inc. 

DMS No. FAA-2014-0322 

Page 3 of6 

JEFFREY M. HARPER, FAA ATTORNEY 

T (425) 227-2161; F (425) 227-1007 
the truth of the allegation, in whole, or in part-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 Production No.4. 

Interrogatory No. 10: Describe with specificity all facts and evidence you intend to rely 

upon in support of any affmnative defenses raised in any Answer to the Complaint. See 

Request for Production No. 5. 

REQUESTS FOR PRODUCTION 

Request for Production No. 1: Provide a copy of all documents referred to in your answer to 

Interrogatory No. 2 

Request for Production No. 2: Provide a copy of all documents referred to in your answer to 

Interrogatory No. 4. 

Request for Production No.3: Provide a copy of all documents that support your answer to 

Interrogatory No. 8. 

Request for Production No. 4: Provide a copy of all documents that support your answer to 

Interrogatory No.9. 

Request for Production No.5: Provide a copy of all documents that support your answer to 

Interrogatory No. 1 0. 

Request for Production No. 6: Provide a copy of all exhibits that Sky West intends to offer or 

will use during the hearing in this matter. 

REQUEST FOR ADMISSIONS 

Under 14 C.F.R. § 13.220(b) and Rule 36 of the Federal Rules of Civil Procedure, you are 

requested to admit the truth of the following matters. A matter is admitted unless responded 

to in a reasonable time. The Rules of Practice in FAA Civil Penalty Actions, 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 why the matter cannot be admitted or denied, or objecting to the request, with 

reasons for the objection stated within 30 days of the date of service upon you, that is, 

September 5, 2014. 

Request for Admission No. 1: Admit that, for the 12 month period ending March 2014 

Sky West Airlines had operating revenues in excess of $100 million, as shown by the Airline 

Quarterly Financial Review (1st Quarter 2014) published by the Department of 

Transportation, Office ofAviationAnalysis, Competition and Policy Analysis Division. 

Complainant's Initial Discovery Request 

Sky West Airlines, Inc. 

DMS No. F AA-2014-0322 

Page 4 of6 

JEFFREY M. HARPER, FAA ATTORNEY 

T (425) 227-2161; F (425) 227-1007 
Request for Admission No.2: Admit that, as of December 31, 2013, SkyWestAirlines 

employs more than 1,500 employees, as shown by SkyWestAirlines' 2013 Annual Report. 

Request for Admission No.3_: Admit that Sky West Airlines has the financial ability to pay 

the $40,000 requested civil penalty in FAA Case No. 2012NM060030 I FDMS No. 

FAA-2014-0322. 

Complainant's Initial Discovery Request 

Sky West 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. 

Sky West Airlines 

444 South River Road 

St. George, UT 84 790 

T (435) 634-3530 

F (435) 634-3505 

temerson@skywest.com 

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 

T (202) 366-2139 

F (202) 366-7536 

richard.goodwin@dot.gov 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

Federal Aviation Administration 

800 Independence A venue Southwest 

Washington, DC 20591 

F (202) 493-5142 

DATED this 1st day of August, 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 

Sky West Airlines, Inc. 

JEFFREY M. HARPER, FAA ATTORNEY 

T (425) 227-2161; F (425) 227-1007 

DMS No. FAA-2014-0322 

Page 6 of6