03/28/2011 12:04 4252271007 ANM7 PAGE 02/04 

Scott R. Morris 

FAA Office of Regional Coxmsel 

1601 LindAve., SW 

Kenton, Washington 98055-4099 

Telephone: 425/227-1417 

Facsimile: 425/227-J 007 

UNITED STATES OF AMERICA 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

'•• • i" McMT C r 

A ^: 58 

In the Matter of 

SKYWEST AIRLINES, INC. 

FAA DOCKET NO. CP09NM0012 

DMS NO. FAA-2009-0979 

FAA Case No. 2009NM060042 

COMPLAINANT'S OPPOSITION TO RESPONT>ENT'S 

REBUTTAL IN SUPPORT OF ITS AFFIRMATIVE 

DEFENSES 

TO: JUDGE RICHARD C. GOODWIN 

Complainant, through his undersigned counsel, pursuant to Rules of Practice 13.218(d) 

hereby files this opposition of Respondent's Motion couched as "Respondent's Rebuttal in Support 

of Its Affirmative Defense." 

Essentially, Respondent filed leave with this court to file a surrebuttal brief claiming it 

should be allowed to do such becaiise it has the burden for its affirmative defenses. Respondent 

provides no autliority that it should be allowed to file such a brief, and has done so, in direct 

contravention of the judge's post evidentiary discussions on the record and his Post Hearing Order. 

See Tr. at 418 - 419 and DMS Document FAA-2009-099-0019 (Post-Hearing Briefing Order), 

Furtlier, filing the brief contemporaneous with the actual motion is merely an attempt to get the 

judge to "not think of that pink elephant" after reading the brief itself. 

Respondent continues its attempts to bootstrap a matter that had been resolved by the parties 

with the case at hand, and has the audacity to attack the testimony of the inspector that Respondent 
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called as a witness over Complainant's objection. Respondent is stuck with the testimony of the 

witness that it called. Inspector Peterson provided a clear cogent explanation for what happened 

and why it happened. The fact that Respondent doesn't like the testimony is irrelevant. 

Fijiallyj should the ALJ grant this motion then Complainant requests leave to file a formal 

Rebuttal Brief in response to Respondent's "Respondent's Rebuttal in Support of Its AfBrmative 

Defenses Brief." 

DATED this 28* day of March 20/1. 

^^COT T R. MORRIS 

FAA Attorney 

Complainant's Opposition to Respondent's 

Rebuttal In Support of its Affirmative Defenses 

FAA Docket CP09NM0012/2009NM060042 

Page 2 

Scott R. Morris 

FAA Attorney 

425. 227,]41.7 
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complainant's Opposition to Respondent's Rebuttal in 

Support of Its Affirmative Defenses has been served via facsimile and certified mail - Return 

Receipt Requested tiais date, to the following: 

The Honorable Richard C. Goodwin 

Office of hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Rm El2-320 

Washington, D.C. 20590 

TEL; 202.366.2139 

FAX: 202.366.7536 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, D.C, 20591 

Attn; Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

FAX: 202.493.5020 

Todd C. Emerson, Esq. 

Sky West Airlines 

444 South River Road 

St. George, UT 84790 

TEL: 435,634.3530 

FAX: 435.634,3505 

Dated this 28th day of March 2011. 

MOIFAIR CHIN 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 LindAve. SW 

Renton,WA 98057 

425.227.2160 

Complainant's Opposition to Respondent's 

Rebuttal In Support of its Affirmative Defenses 

FAA Docket CP09NM0012/2009NM060042 

Page 3 

Scott R. Morris 

FAA Attorney 

425.227.1417