SERVED NOVEMBER 7, 2011 ^•.cp.pT^m OF 

iriANSFORTATION 

U.S. DEPAR'I'MENT OF TRANSPORTATION XCKET OPERATIONS 

OmClr; OF HEARINGS 

WASHINGTON. DC 2i"! KG^ "6 P \- 32 

IN THE MATTER OF 

SKYWEST AIRLINES 

FAA DOCKET NO. [TO liE ASSIGNED] 

(Civil Penalty Aclion) 

FDMSNO. FAA-20II-0782 

PROCEDURAL ORDER 

In order lo expedite the hearing in this matter, the parties shall eoniply with the 

Proeedural Sehedule set forth hereinbelow'. The Rules ot^Praetiee foi' this proeeeding 

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 proeeedings, (he 

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

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

without a finding of violation (14 C.i'.R. ^13.16 (n) {])). 

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

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

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

undersigned. 

The judge will not discuss the ease with any parly,"* or its representative on an ex 

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

' Materials died in the FAA Hearing Docket {except for materials tiled in security cases) arc ulso available 

for viewing at hiip://\vww.re^iihiiions.gov 

' The Adtninislrators civil penally decisions, along with indexes of the decisions, the Rules of i*ractice, as 

well as other materials relating lo civil penally cases, are available on the internet at: 

IUip://w\v\\\faa.go\>/abuu!/office_org/headqiunuersj.)01ces/agc/iwljidjudiciU see 

also: hiipJ/ecfr.gpoacccss.go\/cgifi/text/tcxt-iclx?c=ccj'r&tpl=/ecfrbvowsdTnU'14f\4icibJ)2Apl. In 

addition. Thomson Reuters/West Publishing publishes Federal Aviation Decisions. Finally, llie decisions 

are available through LIiXIS (TRANS library) and Westlaw 9FTRAN-FAA database). For additional 

information, see the Web site. 

-"• See Linda Joyce Goodman. FAA Docket No. CP89WP006I. Order dated May 30. 1989. 

•* "The public policy of favoring and encouraging setllcmenl makes necessary the inadmissibility of 

settlenienl negotiations in order to foster frank discussions". {Fiberglass Insulators, Inc v Dupuy, el al. 

{856 P. 2d 652, 26 Fed. R. Fvid. Serv. 1225, 1988. See also Coaklcy & Williams Conslruclion, 

Incorporated v Structural Concrete Fquipment, Incorporated. 973 F.2d 349, 1992; 2 McCormick on Fvid. 

§266 (6th ed.); Rule 68 of the Federal Rules of Civil Procedure.). Rule 408 of the Federal Rules of 

1 
judge's attorney-advisor, Mr. Ira Leibowit/. at (202) 366-2139 {Ira.Leibowit^if^idot.t^ov). 

Administrative matters may be addressed to the judge's , Legal Assistant, !*al Matthews 

[202-366-5121] fPatrieia.Matthewsr^JdoLgov). 

WIIBREFOR): , the parties be and are hereby ORDERI: D to adhere to the 

following procedural schedule: 

1. Venue shall be Salt Lake City, \J\\ ; 

2. On or before January 6, 2012, the parties shall conclude all di.seovery 

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

to production requests and/or interrtigatories. I f the parties cannot resolve 

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

resolution in a timely manner; 

3. The parlies shall be prepared to present this ease at a hearing on or after 

January 6, 2012 ^ subject to the availability o f courtroom facilities, 'flie 

specific date and time for the hearing wil l be forthcoming in a separate 

Order. 

4. The parties wil l have the opportunity to file Post-Flearing briefs and 

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

guidance, the following schedule is typically used: Complainant shall llle 

its brief fifteen (15) days after receipt o f 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 wil l not be removed from the hearing docket until the proper 

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

the presidingjudge. 

Evidence "...prohibits the admission of statements made in compromise negotiations..."' (In the Matter of 

Africa Air Corporation, FAA Order No. 99-5). "'Rule 408's public policy purpose of encouraging frank 

settlement discussions is as compelling in FAA civil penally proceedings as it is in Federal iViais. Mence. 

its guidance will be followed in these proceeds." (Id.) 

^ |4 C.F.R. § 13.221 slates: "The administrative law judge shall give each party al least 60 days notice of 

the date, time and location of the hearing." 

14 C.F.R. § 13.215 slates; Al 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 administralive 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 mider this subpart with prejudice. 

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

16379, '"Order Temiinating Proceeding'", served February 26, 2005; ciiinp Kerr>' James Eldridge. FAA 

Docket CP89GL0458. "Order Canceling Hearing and Tenninating I'roceeding". served January 16, 1991. 

at I: In The Matter of Robert Harris FA^A Docket No. CP03FA0001. DMS No. FAA-2002-14236.. Orders 

dated October 18.2004 and October 27. 2004. l)S/VIK. Inc.. PAA Docket CP90Nri(1359. Trans World 

Airlines. Inc., FAA Dockets CP9QGLU085. CP90C1£01 10. CP90CF0I 14. CP90CI:U134. Order of 

Administrative Law Judge IJurlon S. Koiko, served April 8. 1992, p. 2. Sec "Order Dismissing 
6. The parties are advi.sed that submissions sent to the street address of (he 

U.S. Department of Transportation. OfHce of Flcarings, may be delayed 

due to screening conducted by the U.S. Postal Service and/or other 

security agencies and may take up lo four (4) weeks to be delivered. 

Additionally, submissions may be "irradiated", which affects the quality 

of submissions. Fhe parties arc encouraged, but not required, lo t1le 

submissions by private delivery seiviee, facsimile, or email. The 

certificate of service shall reflect the manner of service. 

Ricliard C. Goodwin 

U-S. Administrative Law Judge 

Attachment - Service List 

Complainant's Appeal". In The Matter of Robert Harris, FAA Dockel No. CP()3FA0001. DMS No. FAA2005-14, August 15,2005. 
FDMSNo. FAA-20] 1-0782 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Todd C. Emerson, Respondent '.s Counsel 

Director - Government and Legal Affairs 

SkyWest Airlines 

444 South River Road" 

St. George, UT 84790 

TEL: 435-634-3530 

FAX: 435-634-3505 

Kyle E. Lomazow, Complainant's Counsel 

Attorney, Office of Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton, WA 98057 

TEL: 425-227-1847 

FAX: 425-227-1007 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

Sewice was by U.S. Mail. For sewicc in person or by expedited courier, use Uie following address: Federal 

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

DC 20591: Auention: Hearing Docket Clerk. AGC-430. 

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