### SERVED: August19, 2013
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF SKYWEST AIRLINES, INC. FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2013- 0619

PROCEDURAL ORDER In orderto expedite the hearing in this matter, the parties shall comply withthe Procedural Schedule set forth hereinbelow1• The Rules ofPractice for this proceeding ·are set forth in 14 C.P.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2

. Under FAA Order 2150.3B and the Rules governing these proceedings, the Agency attorney and the Respondent are encouraged to considerthe possibility of settlement and compromise ofthis matter3

. Compromise may be effected with or without a finding ofviolation (14 C.P.R. §13.16 (n) (1)). NOTE: This presiding Judge does notrequire "Discovery" be served onthe Judge. Other Judges have different policies, but as long as this case is assigned to the undersignedpresiding Judge the parties may, but are not required to, serve discovery on the undersigned. Thejudgewill not discuss the case with any party, orrepresentative on an ex parte basis. Ifa party has a non-substantive matter to discuss, they should contact Mr. IraLeibowitz, Attorney/Advisor (202) 366-2139 (Ira.Leibowitz@dot.gov).

1 Materials filed in the FAA Hearing Docket(except for materials which are sealed) ate also available for viewing at http://www.regulations.gov. For additional information see: http://dms.dot.gov. 2 The Administrator's civil penalty decisions, along with indexes ofthe decisions, the Rules ofPractice, as well as other materials relating to civilpenalty cases, are available onthe internet at: http://www.faa.gov/ about/office_ org/headquarters _offices/age/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. 3 "Thepublic policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in orderto foster frank discussions". Fiberglass Insulators, Inc. v Dupuy, 856 F. 2d 652, 653 (4 Cir. 1988); Wright & Graham, FederalPractice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made in the course of settlementnegotiations. 1Administrative matters may be addressed to StaffAssistant, Pat Matthews [202-366- 5121] (Patricia.Matthews@dot.gov). WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be SaltLake City, UT.; 2. Onorbefore January 3, 2014, the parties shall conclude all discovery including, butnot limited to, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannotresolve a discovery dispute they shall submit the dispute to the undersigned for resolution in a timely manner; 3. The parties shall be prepared to presentthis case at a hearing on or after January 3, 20144
, subject to the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming in a separate Order. 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 brieffifteen (15) days after receipt ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefbythe 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 bythe presidingjudge.5 6. The parties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Office ofHearings, maybe delayed due to screening conductedby 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 ofsubmissions. The parties are encouraged, but notrequired, to file submissions by private delivery service, facsimile, or email. The

4 14 C.F.R. § 13.215 states: "Atany 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 ofthe administrative law judge. Ifan agency attorney withdraws the complaint or a party withdraws the request for a hearing andthe answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice." 5 See: In the Matter ofLewis Drake & Associates, FAA Docket No. CP03S00045, DMS. No. FAA-2003- i6379, "Order TerminatingProceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, at 1. 2

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# . certificate ofservice shall reflect the manner ofservice. The parties are encouraged to provide email addresses to expedite service ofpleadings.

Richard C. Goodwin U.S. Administrative Law Judge Attachment

- Service List

3SERVICE LIST ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket**Cl~rk,** AGC-430 Wilbur Wright Building-Suite 2W1000 1

Robert Spitzer, Complainant's Counsel Attorney, Office ofthe Regional Counsel Northwest Mountain Region, ANM-1 Federal Aviation Administration 1601 Lind Avenue, S.W. Renton, WA 98057 TEL: 425-227-1847 FACK: 425-227-1007 ONE COPY

Michael L. Dworkin, Respondent's Counsel Michael L. Dworkin and Associates 465 California Street, Suite 210 San Francisco, CA 94104-1808 TEL: 415-421-2500 FACK: 415-421-2560 Todd C. Emerson, Esq. Director- Government and Legal Affairs SkyWest Airlines, Respondent 444 SouthRiver Road St. George, UT 84790 TEL: 435-634-3530 FACK: 435-634-3505 FDMS Nos. FAA-2013-0619 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.

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### The Honorable Richard C. Goodwin,AdministrativeLawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor**202~366-5121** 

### Legal Assistant FAX: 202-366-7536



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