SERVED SEPTEMBER 6, 2011 

U.S. DEPARTMENT OF TRANSPORTATION ... ;:;:: nDTATirVf! 

OFFICE OF HEARINGS . .,:<f: ripCpiTjok 

WASHINGTON, DC • - ^... • 

IN THE MATTER OF 

SKYWEST AIRLINES, INC. 

FAA DOCKET NO. CPl 1SWOOOO 

(Civil Penalty Action) 

FDMS NO. FAA-2011- 0779 

PROCEDURAL ORDER 

In order to expedite the hearing in this matter, the parties shall comply with the 

Procedural Schedule set forth hereinbelow . The Rules of Practice for this proceeding 

are set forth in 14 C.F.R. Part 13, Subpart G, of the Federal Aviation Regulations^. 

Those rules provide, inter alia, that the Respondent must file a vmtten Answer or motion 

within thirty (30) days after service of the Complaint (14 C.F.R. § 13.209(3)). that a 

general denial is deemed a failure to file an Answer (§ 13.209(e)), that failure to file an 

Answer without good cause is deemed an admission of each allegation in the Complaint 

(§13.209(1)), and that, absent agreement of the parties, a party seeking an extension of 

time must file a written motion not less than seven (7) days before the document is due, 

absent good cause shown (§ 13.213(a) and (b)). 

More specifically, 14 CFR § 13.209(e) states: 

A person filing an answer shall admit, deny, or state that the person is without 

sufficient knowledge or information to admit or deny, each numbered paragraph 

of the complaint. Any statement or allegation contained in the complaint that is 

not specifically denied in the answer may be deemed an admission of the truth of 

that allegation. A general denial of the complaint is deemed a failure to file an 

answer. 

Under FAA Order 2150.3B and the Rules governing these proceedings, the 

Agency attorney and the Respondent are encouraged to consider the possibility of 

' Materials filed in the FAA Hearing Docket (except for materials filed in security cases) are also available 

for viewing at http://www.regulations, eov. 

^ The Administrator's civil penalty decisions, along with indexes of the decisions, the Rules of Practice, as 

well as other materials relating to civil penalty cases, are available on the internet at: 

http://www/aa.gov/about/office_org/headquartersqffices/agc/pol_adjudication/agc400/civil_penalty/; see 

also: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/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. 

1 
settlame^t and compromise of this 

without a finding of violation (14C^f.i 

NOTE: This presiding Judge 

Judge. Other Judges have different poi 

undersigned presiding Judge the pj 

undersigned. 

The judge will not discuss the 

parte basis. If a party has a non-si 

judge's attorney-advisor, Mr. Ira 

Administrative matters may be addtesi 

[202-366-5121] (Patricia.MattheWHEREFORE, the parties be 

following procedural schedule: x^y 

1. Venue shall be Salt Lake City, 

2. On or before November 4,2^1 

including, but not limited to, 

production requests and/or, 

discovery dispute tiiey ^all 

in a timely manner; 

3. NOTICE IS HEREBY GIV^ ; 

at a hearing on or after Noveml 

courtroom facilities. 

4. The parties vwll have the pj 

pursuant to a schedule to he 

following schedule is typic^i^ 

days after receipt of the 

tfaeieafter; and any rebuttal 

idays thereafter. 

^ See Linda fayce Opa^ptm FAA DOC1MN|: 

^ "Tlw pid^ipolicy offiivormg and 

settlemoit negotiations in order to fosta fiaide 

(856F.2j(i652,26 Fed. R. Evid. Serv. l^^,! 

Incorp<ffiite#vStructitfal Concrete 

§266 (6di ed.); Rule 68 of die Federal 

Evideo(^'*'..;fsxdiibits the admissl^ bJF 

AfrigftAffCffPprgtiW FAA Ordor No, 

settlenieittdkii^ions is as conqietling in TA^ 

its guidance ivill be followed in diese 

* 14 CFJtf 13.221 states: "The 

the date, tiiM and location of the hearing. 

beeffe^edwithoT 

>very" to be setve|i^#ifS 

lis case is as$igaM^Mii 

i, serve disc&t^j^^ the 

f i t '* 
5. Settled cases will not be removed from the hearing docket until the proper 

written pleading( 

presiding judge.' 

written pleading(s), consistent with the applicable rules,^ is received by the 

The parties are advised that submissions sent to the street address of the U.S. 

Department of Transportation, Office of Hearings, 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 of submissions. The parties are 

encouraged, but not required, to file submissions by private delivery service, 

facsimile, or email. The certificate of service shall reflect the maimer of service. 

ichard C. Q0odwin 

U.S. Administrative Law Judge 

Attachment - Service List 

14 C.F.R. § 13.215 states: At any time before or during a hearing, an agency attorney may withdraw a 

complaint or party may withdraw a request for a hearing without the consent of the administrative law 

judge. If an agency attorney withdraws the complamt or a party withdraws the request for a hearing and the 

answer, the administrative law judge shall dismiss the proceedings under this subpart with prejudice. 

' See: In the Matter of Lewis Drake & Associates. FAA Docket No. CP03SO0045, DMS. No. FAA-2003-

16379, "Order Terminating Proceeding", served February 26, 2005; citing Kerry James Eldridge. FAA 

Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, 

at 1; In The Matter of Robert Harris FAA Docket No. CP03EA0001. DMS No. FAA-2002-14236., Orders 

dated October 18,2004 and October 27, 2004. USAIR. Inc.. FAA Docket CP90NE0359. Trans World 

Airlines. Inc.. FAA Dockets CP90GL0085. CP90CE0110. CP90CE0114. CP90CE0134. Order of 

Administrative Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "Order Dismissing 

Complainant's Appeal". In The Matter of Robert Harris. FAA Docket No. CP03EA0001. DMS No. FAA2005-14, August 15, 2005. 
Federal Aviation Administration 

800 Indep^ence Avenue, S.W. 

Washin^oa, DC 20591 

Attention: Hearing Docket Clerk, j ^ 

Wilbur Wright BuildingTodd C. Emerson, Respondent's Repras»i 

Director - Government and Legal Affmiki. 'i 

SkyWest Airlines 

444 South River Road 

St. George, UT 84790 

TEL: 435-634-3530 

FAX: 435-634-3505 

FDMS No. FAA-^11-0779 

(Civii^asfiaftli'^on) 

' } , .;•'. 

J if 

• ', :<^ v:^f.^2t<|',;iJ,|;; :;/> 

Jeffrey M. Harper, Complainant's Counsel 

Attorney, Office of the Regional 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, A 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 Ne^^^i^y Avenue, S.E. 

WashingpJfpC 20590 

TEL: 2C(2-366-2139 Attorney-Advisor 

202>^$6-5I21 Legal Assistant ^ 

FAX: 202-366-7536 

'Servioi&ffasl^ U.S. Mail. Forswwi 

Aviation Admbistraticm, 600 Independence A< 

DC 20591; Attention: Hearing Docket Clerk, A(