.. 

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 BE ASSIGNED] 

(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 hereinbelow1

• The Rules of Practice for this proceeding 

are set forth in 14 C.F;R. Part 13, Subpart G, of the 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 of this matter. 3 Compromise may be effected with or 

without a finding of violation (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. 

The judge will not discuss the case with any party,4 or its representative on an ex· 

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

1 Materials filed in the 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 of Practice, 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 Aviation Decisions. Finally, the decisions 

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

information, see the Web site. 3 See Linda Joyce Goodman, FAA Docket No. CP89WP0061, Order dated May 30, 1989. 4 "The public policy of favoring and encouraging settlement makes necessary the inadmissibility of 

settlement negotiations in order to 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 of the Federal Rules of Civil Procedure.). Rule 408 of the Federal Rules of 

1 

2: 50 
judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 (Ira.Leibowitz@dot.gov). 

Administrative matters may be addressed to the judge'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 or before September 28, 2012, the parties shall conclude all discovery 

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

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. The parties shall be frepared to present this case at a hearing on or after 

September 28, 2012 , subject to the availability of courtroom 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 brief fifteen (15) days afterreceipt ofthe 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 untii'the proper 

written pleading(s), consistent with the applicable rules,6 is received by 

the presidingjudge.7 · 

Evidence " ... prohibits the admission of statements made in compromise negotiations ... " (Gl'ilie 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 penalty proceedings as it is in Federal Trials. Hence, 

its guidance will be followed in these proceeds." (Id.) 5 14 C.F.R. § 13.221 states: "The administrative law judge shall give each party at least 60 days notice of 

the date, time and location of the hearing." 

6 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. 

7 See: In the Matter of Lewis Drake & Associates, FAA Docket No. CP03S00045, DMS. No. FAA-2003-

163 79, "Order Terminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA 

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

at 1; In The Matter of Robert Harris FAA Docket No. 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 

2 

. ·~ 
6. The parties are advised that submissions sent to the street address ofthe 

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. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 

'o 

Complainant's Appeal". In The Matter of Robert Harris, FAA Docket No. CP03EAOOOI. DMS No. FAA2005-14, August 15, 2005. 

3 
FDMS 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 84 790 

TEL: 435-634-3530 

FAX: 435-634-3505 

Jeffrey M. Harper, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton, W A 98057 

TEL: 425-227-2161 

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. (E11-310) 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Staff Assistant 

FAX: 202-366-7536 

,, 

1 Service was by U.S. Mail. For service in person or by 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.