SERVED JULY 20, 2011 

.;;[.PARTMENT.OF^ 

U.S. DEPARTMENT OF TIMNSPOR'IATION • • ^;;v^-5y^_.^]<V-^^^^^^ 

OFFICE OF HEARINGS ' " '^-' LrLLnnllUri^ 

WASHINGTON. DC • -. 

/•:J!1 JUL 21 P 1^ 3 1 

TN THE MATTER OF 

SKYWEST AIRLINES 

FAA DOCKE'l" NO. [TO BE ASSIGNED] 

"(Civil Penally Action) 

FDMS NO. FAA-2011-0486 

PROCEDURAL ORDER 

III 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^. 

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

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

settlement and compromise of this matter.' Compromise may be effected with or 

without a finding of violation (14 C.F.R. s?13.16 (n) ())). 

NOTE: This presiding Judge does not require "Discovery" to be served on the 

Judge. Other Judges have different policies, but as long as this case is assigned to the 

undersigned presiding Judge the parties may, but are not required, serve discovery on the 

undersigned. 

The judge will not discuss the case with any party, or its representative oil an ex 

parte basis. If a party has a non-substantive matter to discuss, they should contact the 

judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 (Ira.Leibowilzff/J.dot.^ov). 

Administrative matters may be addressed to the judge's, Legal Assistant, Pat Matthews 

[202-366-5121] (Patricia.Matthews@dot.gov). 

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

for viewing at hltp./Avww.regulations.iiov. 

' 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: 

hitp://wwwJaa.gov/about/oJ}ice_org/headquar(ersj:}/fices/agc/pol_aJjudlcaUofi/agc-^00/^ see 

also: hlip://ccfr.}^poaccess.guWcgi/t/laxl/texl-idx?c^ecfr&ipl^/ecfrbrowsLVTiile!-1/l4h7^^ \n 

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 

infonnation, see the Web site. 

•' See Linda Jovct; Goodman. FAA Docket No. CP89WP0061, Order dated May 30, 1989. 
WHEREFORE, the parties be and are hereby ORDERED to adhere to the 

following procedural schedule; 

1. Venue shall be Salt Lake City, UT.; 

2. On or before October 21, 2011, the parties shall conclude all discovery 

including, but not limited to, depositions, document production, lesponses 

to production requests and/or interrogatories. If the parties cannot resolve 

a discovery dispute they shall submit the dispute to the undersigned for 

resolution in a timely manner; 

3. NOTICE IS HEREBY GIVEN the parties shall be prepared to present this 

case at a hearing on or after October 21, 2011 \ subject to the availability 

of couilroom facilities. 

4. The parties will have the opportunity to file Post-Hearing briefs and 

arguments pursuant to a schedule to be determined at the hearing. For 

guidance, the following schedule is typically used; Complainant shall file 

its brief fifteen (15) days after receipt of the transcript; Respondent shall 

its brief fifteen (15) days thereafter; and any rebuttal brief by the 

Complainant shall be filed seven (7) days thereafter. 

5. Settled cases will not be removed from the hearing docket until the proper 

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

the presiding judge.^ 

•' M C.F.R. § 13.221 states: "The administrative law judge shall give each party at least 60 days notice of 

the date, lime and location of the hearing." 

^ 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 complaint 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 Eldridae. FAA 

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

at 1; In The Mailer of Robert Harris FAA Ducket No. CP03CA0001. DMS No. FAA-2002-14236.. Orders 

dated October 18, 2004 and October 27. 2004. tJSAIR. Inc.. FAA Docket CP90N1I0359, 'frans World 

Airlines, Inc.. FAA Dockets CP90GLQ085. CP90CF0I 10. CP90CC0I 14, CP90CE0I34- 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 Hanis. FAA Dockcl No. CP03FAOQ01. DMS No. FAA2005-14, August 15,2005. 
6. The pailies 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 manner of service. 

U.S. Administrative Law Judge 

Attachment — Service List 
FDMS No. FAA-2011-0486 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 hidependence Avenue, S VV. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Todd C. Emerson, Respondenf \s Represen/afive 

Director - Government and Legal Affairs 

SkyWest Airlines 

444 South River Road 

St George, UT 84790 

TEL: 435-634-3530 

FAX: 435-634-3505 

Jeffrey M. Harper, Cuwplainant 's Counsel 

Attorney, Of!'ice 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, AdmimslrcUive Lew Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' Service was by U.S. Mail. For ser\'ice in person or by expedited courier, use the fodowing address: Federal 

Aviation Administration, 600 Independence Avenue, S.W.. Wilbur Wright Building—Suite 2WI000. Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.