## .. SERVED: AUGUST 2, 2012
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

. WASHINGTON, DC 

## -2

IN THE MATTER OF SKYWEST AIRLINES FAA DOCKET NO. [TO BEASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012- 0777

.PROCEDURAL ORDER I t In order to expedite the hearing in this matter, the parties shall comply with the Procedural Schedule set forth hereinbelow 1• The Rules ofPractice forthis proceeding are set forth in 14 C.F;R. Part 13, Subpart G, ofthe Federal Aviation Regulations2

. Under FAA Order 21503B and the Rules governing these proceedings, the Agency attorney and the Respondent are encouraged to consider the possibility of settlement and compromise ofthis matter.3 Compromise maybe effected with or without a finding ofviolation (14 C.F.R. §13.16 (n) (1)). 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 assignea to the undersigned presiding Judge the parties may, but are not required, serve discovery on the undersigned. Thejudge will not discuss the case with any party,4 orits representative on an ex· parte basis. Ifa partyhas a non-substantive matter todiscuss, they should cuhtactthe

1Materials filed inthe FAA Hearing Docket (except for materials filed in security cases) are also available for viewing at http://www.regulations.gov. 2 The Administrator's civil penalty decisions, along with indexes ofthe decisions, the Rules ofPractice, as well as other materials relating to civil penalty cases, are available on the internet at: http://www.faa.gov/about!office

_org/headquarters

_officeslagdpol_acijudication/agc400/civil _penalty/; see also: http://ecfr.gpoaccess.gov/cgiltltextltext-idx?c=ecfr&tpl=lecfrbrowse/Titlel4/ 14tab

_02.tpl. In addition, Thomson Reuters/West Publishing publishes Federal AviationDecisions. Finally, the decisions are available through LEXIS (TRANS library) and Westlaw**9FTRAN~FAA** database). Foradditional information, see the Web site. 3 See LindaJoyce Goodman, FAA DocketNo. CP89WP0061, Order dated May 30, 1989. 4 "Thepublicpolicy offavoring and encouraging settlementmakes necessary the inadmissibility of settlement negotiations in orderto foster frank discussions". (Fiberglass Insulators, Inc. v Dupuy, et al, (856 F. 2d 652,26 Fed.R. Evid. Serv. 1225, 1988. See also Coakley & Williams Construction, Incorporated v Structural Concrete Equipment, Incorporated, 973 F.2d 349, 1992; 2 McCormick on Evid. §266 (6th ed.); Rule 68 ofthe Federal Rules ofCivil Procedure.). Rule 408 ofthe Federal Rules of 

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## 2: 50judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 (Ira.Leibowitz@dot.gov). Administrative matters may be addressed to thejudge's, Legal Assistant, 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 Salt Lake.City, UT.; 2. On orbefore September 28, 2012, the parties shall conclude all discovery including, but not limitedto, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannot resolve a discovery dispute they shall submit the dispute to the undersigned for resolution in a timely manner; 3. The parties shall be frepared to present this case at a hearing on or after September 28, 2012 , subject to the availability ofcourtroom facilities. The specific date and time forthe 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 afterreceipt ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter. 5. Settled cases will not be removed from the hearing docket untii'the proper written pleading(s), consistent with the applicable rules,6 is received by the presidingjudge.7 ·

Evidence "

...prohibits the admission ofstatements made in compromise negotiations

..." 

### (Gl'ilie Matter of Africa Air Corporation, FAA OrderNo. 99-5). "Rule408's public policypurpose ofencouraging frank settlement discussions is as compelling in FAA civil penalty proceedings as it is in Federal Trials. Hence, its guidance will be followed inthese proceeds." (Id.) 5 14 C.F.R. § 13.221 states: "The administrative lawjudge shallgive each party at least 60 days notice of the date, time and location ofthe hearing." 6 14 C.F.R. § 13.215 states: At any time before or during a hearing, an agency attorney may withdraw a complaint orparty may withdraw a request for a hearing withoutthe consent ofthe administrative law judge. Ifanagency attorney withdraws the complaint or a party withdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings underthis subpart withprejudice. 7 See:Inthe Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "Order Terminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding", served January 16, 1991, at 1; In The Matter ofRobert Harris FAA DocketNo. CP03EA0001. DMS No. FAA-2002-14236., Orders dated October 18,2004 and October 27,2004. USAIR, Inc., FAA Docket CP90NE0359, Trans World Airlines, Inc., FAA Dockets CP90GL0085, CP90CE0110, CP90CE0114, CP90CE0134, Order of Administrative,Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "Order Dismissing 

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.**·~**6. The parties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Office ofHearings, 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 ofsubmissions. The parties are encouraged, but not required, to file submissions byprivate delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice.

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

- Service List

'o

Complainant's Appeal". In The Matter ofRobert Harris, FAA Docket No. CP03EAOOOI. DMS No. FAA2005-14, August 15, 2005.
3FDMS NO.**FAA-2012~0777** (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 1 

### 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 Jeffrey M. Harper, 

### Complainant's Counsel Attorney, Office ofthe 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,

### Administrative Law Judge 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 StaffAssistant FAX: 202-366-7536 ,,

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