09/05/2012 14:10 FAX 2024935142 FAA ~ OMS @001/008 

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JEFFREY M. ll'\RPF.,R 

FAA OFFICE OF REGIONAL COUNSEL 

160 I LIND A VENl JE SOUTJ-IW:CST 

RENTON, WASHINGTON 98057 

TELEPTIONE: (425) 227-2161 

fACSlMILE: (425) 227-1007 

RECEIVED 

AUG 2 2 2012 

H!A~tNa DOcKET 

UNITED STATES OF AM.E.RICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

SkyW~st Airlirit;S, Inc. 

FAA DOCKET Not Assigned 

FAA Case No. 2011NM060005 

DMS Nos. F AA-20 12-0777 

J udg~ 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 Procc:dure, please respond 

to the following Interrogatories, Requests for Production of Documents, and Request for 

Admissions, separately and fully under oath by September 17,2012. 

These discovery requests arc intended to .discover information andJor documents not only 

within your personal knowledge or obtainable by you, but also infonnation in ll1e possession of 

or obtaimt.bk by your anorn~..:ys, investigators, representatives, employees, agents, or anyone 

acting on your behalf or on lheir behalf 

These discovery requests are continuing in narure 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 supplen"lental 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 a:ny time prior to hearing the Respondent 

is specifically requested to so immediately .infom1 the agency attorney. If such information is 

not furnished, the agency attorney at the time of the bearing will move to exclude from evidence 

~uch information req ucst.ed and not furnished. 

The agency attorney ·further requeSL'> that lhe Respondent produce the documents identified and 

designated herein for inspection and copying at t.he Federal Aviation Administration (EAA) 

:~ Office of Regional Counsel, Suite 570, 1601 Lind Avenue, SouLhwest, Renton, Washington 

51 ·-98057,byScpterobed7,2012. , ............. , .... . 

52 

53 

Complainam's Initial Discovery Request 

Skyvvcst Airline~- 2011 NM060005. F AA-2012-0777 

Page l of6 

Jr-n'R~Y M. !iARl''ER, FAA ATTORNEY 

TEL: (425) 227-2161; FAX: (425) 227-1007 
09/05/2012 14: 11 FAX 2024935142 FAA ~ OMS @ 002/00B 

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PRIVILEGE 

u: in responding to, or failing to respond to Ihese Interrogatories, Requests for Admission and 

Requests f<)r 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; and identify all do9uments or other information, including 

contact2 and communicatio~ which you believe to be embraced by the privilege invoked. 

DATED this 17th day of August, 2012. 

FA 

JL!:~~ A Attorney 

Complaimtnt"s Initial Discovery R~quesL 

Sky west Airlines·· 20 11NM060005, F AA-2012·0777 

l'af',e 2 of 6 

JEFFREY M. HARPER, FAA ATTORNEY 

TEL: (425) 227-2161; FAX: (425) 227-1007 
09/05/2012 14:11 FAX 2024935142 FAA -> OMS @ 003/00B 

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3 Interrogatory No. 1: IdentitY by name, address, and telephone number all persons whom you 

4 know 10 have personal knowledge of the matters alleged in the Complaint. 

5 

6 fu.terrogatory No. 2.: Identjfy by title, date, author, present custodian, and content. al1 

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

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

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

10 

11 Interrogatory No.3: Identify by name, address and telephone number, all persons whom you 

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

13 and for factual witnesses, provide a detailed sumn1ary of ea~h person's anticipated testimony. 

14 

1. s ID.terrogatory No. 4: Identify by title, date, aulhor, present custodian, and content, all docunients 

16 which you anticipate offering into evidence or using at Lhe hearing in this malter. and through 

l'/ which witness or witnesses the document will be otlered. See Request for Production No.2. 

19 

19 Interrogatory No- 5: With respect to each expert witness identified in response to 

20 Interrogatory No. 3, speGify Lheir specific area of expertise, and provide a synopsis of their 

'-1 credentials, background, training, and experience. 

23 Interrogatmy No.~: With respect to each expert you expect to call as a witness, state the 

24 subject matter on which the expert is expected to lt;stify, state Ihe substance of the facts· and 

2s opinions to which the cxpert is expected to testify, and provide summary of the grounds for 

26 each such opinion. · 

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'-8 Interrogatory No. 7: Describe with specificity all of the facts which you anticipate presenting in 

29 the course ofthe hearing in this matter pertaining to the avoidance or mitigation ofihe sanction 

3 o sought by the fAA in this case. 

'' Interrogatory No. 8: State by na.rne, address, telephone number, date of conversation, and . 

:. 3 substance of conversation, all persons, other than legal counsd or your spouse, with whom you 

34 have. discussed the matters allcg~::d in the Complaint. 

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3 6 Interrogatory No. 9: For each allegation in the Cornp]aint that i.e; denied, stale with specificity 

3 7 Ihe facts that are the basis for that denial as well a':i the inquiries taken to determine that the 

3 s allegation in the complaint is not correct. See Request for Production No. 3. 

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40 Interrogatory N.o. 10: for any oftb.e requests for admissions below that is denied, state v.ith 

>~1 specificity the facts that are the basis for that denial~ well as the inquiries taken to derem1inc 

42 that the facts in the request for adrni.c;sion arc not correct See Request it)r Production No.4. 

43 

44 Interrogatory No. 11: Describe with specificity all facts or evidcm;e you intend to rely upon in 

.q !i support of any aflirrnative defenses raised in any f\nswer to the Complaint, to include 

tJ 6 ·identifying the specific FAA policy you claim is violated by the proposed penalty in these cases. 

47 See Request for Production No.5. 

48 

49 REOUESTS FOR . .P.RODlJCTION 

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51 Request for Produc~ion No. 1 : Provide a copy of all documents referred to in your answer to 

s2 Interrogatory No. 2 

53 

Complainant's Initial Discovery Request 

Skywe~t Airlines- 2011NM060005, FAA-2012·0777 

Page 3 of6 

JEFFREYM. HAil.PER. FAAAT1'0RNEY 

TEL: (425) 227·2161; FAX: (425) 227-1007 
09/05/2012 14:11 FAX 2024935142 FAA + OMS @ 004/008 

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Reguest for Production No.2 Provide a copy of all document.c; referred to in your answer to 

Interrogatory No.4. 

Reguest for Production No. 1 : Provide a copy of all documents that support your answer to 

Interrogatory No.9. 

Reguest for Production No. 4 Provide a copy of all documentc; that suppo1t your answer to 

interrogatory No. 10. 

Reguest for Production No.5 

Interrogatory No. II, 

Provide a copy of all documents that support your answer to 

REQUEST FOR ADMISSIONS 

Under 14 C.F.R. § 13.220(b) 

requested to admit the truth o 

in a reasonable time. The Rul 

and Rule 36 oftlle Federal Rules of Civil Procedure, you are· 

fthe following matters. A matter is admitted unless responded lo 

cs of Practice in .FAA Civil Penalty Actions, 14 C.f.R. § 

B.220(d), defines a reasonab le time to be 30 days. The agency requests that an answer is served 

upon the agency attorney eith er admitting the matter; specifically denying the mat1er, stating 

why the matter cannot be a dmitted or decied, or objecting to the request, with reasons for Ihe 

objection staled within 30 da ys of the elate of service upon you, that is, September 17, 2012. 

Reguest for Admission No. 1 : Admit that, for the 12 month period ending December 20 ll, 

SkyWest.Airlines had operati ng revenues in excess of$100 million, as shown by theAirlllic 

4th Quarter 2011) published hy the Department of Transportation, 

Competition and Policy Analysis Division. 

Quarterly Financial Review ( 

Office of Aviation Analysis, 

Reguest for Admission No.2 : Admii that, as ofDecember 31,2011, SkyWestAirlines employs 

more than 1 ,500 employees, as shown by Sky West Airlines' 2011 Annual Report. 

Rcgucst for Admission No.3 : Admit that SkyWest Airlines ha~ the financial ability l.o pay tl1e 

$142,500 requested ~ivil pen alty in FAA Case No. 2011NM060005, FDMS No. FAA-2012-

0777. 

Reguest for Admission No. 4 : Admit that the procedure described in MEL :27-51-41 and 

paragraph 8 of the Complaint wa$ not completed on the flight day beginning 3:00AM. local 

time on October 19, 2010. 

Reguesl for Admission No.5 : Admit that the proeedure described in MEL 27-51-41 and 

paragraph 8 ofthe Complaint was not completed on the flight day beginning 3:00A.M. local 

time on October 20, 2010. 

Reguest for Admission No. 6 

the flight day beginning 3 :00 

Reguest for Admission No. 7 

the flight day beginning 3:00 

: Admit that SkyWest operated.N822SK in commercial service on 

A.M. local time on October 19,2010. 

: Admit that Sky West operated N822SK in commercial service on 

A.M. local time October 20, 2010. · 

C()mplainant'$ Initial Di~covery Re quest JEFFREY M. HARJ'>ER, f'/\A A ITORNEY 

Sk ywe$t Airlines- 20 II NM06000 S, F A.A-20 12-0777 TEL: (425) 227-2161; FAX: (425) 227-1007 

Page 4 of6 
09/05/2012 14:11 FAX 2024935142 FAA -. OMS 141005/008 

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Request for Admission No. R: Admit that SkyWest operated N822SK in commercial service on 

the flight day beginning 3;00 AM. local time October 21, 2010. 

Request for Admission No._2: Admit that N822SK was flown 17 flight cycles between 

October 19,2010 and the completion of the MET, 27·51-4a procedure on October 21,2010. 

Complainum·s Initial Discc-very Request 

Skywest Airlines- 2011 NM060005, F AA-20 12-0777 

Page 5 of6 

JEFFREY M. HARPsn., F A.A. AnoRNEY 

TEL: (425) 227-2!61; FAX; (425) 217-1007· 
09/05/2012 14:11 FAX 2024935142 FAA ~ OMS 

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4 CERTIFICATE OF SERVICE 

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6 I hereby certify that the foregoing Motion to Consolidate has been served via facsimile and 

7 certified mail - Return Receipt Requested this date, to the following: a 

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The Honor(lble 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 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building·- Suite 2Wl 000 

Federal Aviation Administration 

800 Independence Ave. SW. 

Washington, DC2059l 

FAX: (202) 493-5142 

Todd Emerson, Esq. 

Sky West Airlines 

444 S. River Road 

St. George, UT 84790 

TEL: (435) 634-3530 

FAX: (435) 634-3505 

DATED this 17th day of August 

r ) . ~ I • • ·-r ·- ·c ·v ~ t .' j_ :t.P--.-:-t..'C~~i .i/· ·tf~, ~ 

Dana Stephenson T" 

Oflice of Regional Counsel (AN~1-7) 

Federal Aviaiion Administration 

1601 Lind Ave. SW 

Renton, WA no57 

(425) 227-2164 

141008/008 

Complaimmt's Initial Discovery Request 

Skywesr Airlines- 2011NM060005, F AA-2.012-0777 

!'a.~e 6 t\f 6 

JEFFR.lWM. HARI'Ek, FAAATTOli.NBY 

TEL: (425) 227-2161; FAX; (425) 227-1007