NOT FOR PUBLIC RELEASE 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

******************************************* 

RECEIVED 

JUN - 4 2013 

HEARING DOCKET 

In the Matter of: * FAA Case No. 2010NM010105 

* FDMS No. FAA-2011-0682 

Aviation Technical Services, Inc. * Judge Richard C. Goodwin 

* 

******************************************* 

RESPONDENT AVIATION TECHNICAL SERVICES, INC.'S 

MOTION TO PERMIT DISCLOSURE OF THE INITIAL DECISION SERVED 

ON MAY 17,2013, TO REPRESENTATIVES OF SOUTHWEST AIRLINES CO. 

COMES NOW Respondent Aviation Technical Services, Inc. ("Respondent" or 

"ATS"), by and through undersigned counsel, and pursuant to 14 C.P.R.§ 13.218, hereby 

seeks a modification of the Order Sealing Exhibits and Transcript, served on October 18, 

2012, to permit ATS to share the Initial Decision of Administrative Law Judge Richard 

C. Goodwin, served on May 17, 2013 ("Initial Decision"), with representatives of 

Southwest Airlines Co. ("Southwest"), which is a Respondent in FAA Case No. 

2010SW290189, currently pending before Judge Goodwin. In further support of this 

motion, Respondent states as follows: 

By Order served on October 18, 2012, the exhibits and transcript in this matter 

were sealed and withheld from public disclosure, on the basis that these materials contain 

sensitive financial, proprietary and/or commercial information, the withholding of which 

from public disclosure would not be contrary to the public interest and is not otherwise 

required to be made available to the public. Consistent with the October 18, 2012 Order, 
the Initial Decision in this matter also was made confidential. Specifically, it was ordered 

that the Initial Decision "shall be distributed only to the parties, their counsel, and 

immediate staff of each; to those office staff and witnesses who have filed an affidavit of 

confidentiality within the Court; and to administrative and legal personnel within the 

Department on a 'need to know' basis ... [and] will be withheld from the public docket." 

Initial Order at page 2, footnote l. 

On April 23, 2013, the FAA filed a complaint against Southwest Airlines Co., 

Case No. 2010SW290189, alleging violations based on the same facts as those alleged in 

the instant matter. Southwest contracted within ATS to perform the maintenance that is 

at issue in both cases. See FAA Complaint in Case No. 2010SW290189, Part II, 

Paragraph 14, served on April 23, 2013. Moreover, Southwest, as the operator of the 

Boeing aircraft at issue in both the instant matter and Case No. 2010SW290189, is 

already in possession of all "sensitive financial, proprietary and/or commercial 

information" contained in the exhibits and transcript and referenced in the Court's Initial 

Decision in this matter. 

Because Southwest already possesses the underlying information that is the 

subject of the Court's October 18, 2012 Order, no harm would result from the release of 

the Initial Decision to representatives of Southwest. Moreover, the ability of Southwest's 

representatives to review the Initial Decision will facilitate Southwest's defense in Case 

No. 2010SW290189, and will result in no detriment to any of the interests protected by 

the Court's October 18,2012 Order. 

Finally, ATS is advised that Southwest would be willing to agree to be bound by 

all of the non-disclosure limitations set forth in the Court's October 18, 2012 Order. 

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WHEREFORE, for the reasons stated herein, ATS respectfully requests an Order 

permitting ATS to share the Court's Initial Decision in this matter with representatives of 

Southwest Airlines Co., under such conditions as the Court deems appropriate. 

DATED: June 3, 2013 Respectfully submitted, 

Dane B. Jaques, Esq. 

DombroffGilmore Jaques & French, PC 

1676 International Drive, Penthouse 

McLean, VA22102 

(703) 336-8800 

djaques@dglitigators.com 

Counsel for Respondent 

Aviation Technical Services, Inc. 

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CERTIFICATE OF SERVICE 

I hereby certifY that I have served the original and one copy of the foregoing 

Motion to Permit Disclosure of the Initial Decision Served on May 17, 2013, to 

Representatives of Southwest Airlines Co. on the following, at the address indicated, by 

UPS overnight delivery: 

Hearing Docket 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building- Suite 2W1 000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

I also hereby certify that I have this day served a copy of the foregoing Motion to 

Permit Disclosure of the Initial Decision Served on May 17, 2013, to Representatives of 

Southwest Airlines Co. on the following party's counsel or designated representative, at 

the address indicated, by UPS overnight delivery: 

Karen Davis Huber, Esq. 

Federal Aviation Administration 

Office of Regional Counsel 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

I also certify that I have this day served a copy of the Motion to Permit Disclosure 

of the Initial Decision Served on May 17, 2013, to Representatives of Southwest Airlines 

Co. on the following, at the address indicated, by UPS overnight delivery: 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell- 310) 

Washington, DC 20590 

Dated this 3 RD day of June, 2013. 

Jam~s . Eastwood 

McKenna Long & Aldridge LLP 

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1676 International Drive, Penthouse 

McLean, VA 22102 

703-336-8800 (P) 

703-336-8750 (F) 

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