### NOT FORPUBLIC RELEASE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS

WASHINGTON,D.C.

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

# RECEIVED JUN - 42013 

## 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 MOTIONTO 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 throughundersigned counsel, and pursuant to 14 C.P.R.§ 13.218, hereby seeks a modification ofthe Order Sealing Exhibits and Transcript, served on October 18, 2012, to permit ATS to share the Initial Decision ofAdministrative 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 thatthese materials contain sensitive financial, proprietary and/or commercial information, the withholding ofwhich 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 Decisioninthis matter also was made confidential. Specifically, itwas ordered that the Initial Decision "shall be distributed only to the parties, their counsel, and immediate staffofeach; to those office staffand 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 atpage 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 ofthe 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 inthis matter. Because Southwest already possesses the underlying information that is the subject ofthe Court's October 18, 2012 Order, no harm would result from the release of the Initial Decision to representatives ofSouthwest. Moreover, the ability ofSouthwest's representatives to review the Initial Decision will facilitate Southwest's defense in Case No. 2010SW290189, and will result in no detriment to any ofthe 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 ofthe non-disclosure limitations set forth inthe Court's October 18, 2012 Order.

2WHEREFORE, for the reasons stated herein, ATS respectfully requests an Order permitting ATS to share the Court's Initial Decision inthis matter with representatives of SouthwestAirlines Co., under suchconditions as the Courtdeems 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.

3CERTIFICATE OF SERVICE I hereby certifY that I have servedthe original and one copy ofthe foregoing Motionto PermitDisclosure ofthe Initial Decision Served onMay 17, 2013, to Representatives ofSouthwestAirlines Co. onthe following, atthe address indicated, by UPS overnight delivery: Hearing Docket Federal AviationAdministration 600 Independence Avenue, S.W. Wilbur WrightBuilding- Suite 2W1000 Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430
I also hereby certify that I have this day served a copy ofthe foregoing Motion to Permit Disclosure ofthe 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, byUPS overnight delivery: KarenDavis Huber, Esq. Federal AviationAdministration Office ofRegional Counsel Northwest Mountain Region, ANM-7 1601 Lind Avenue S.W. Renton, Washington 98057
I also certifythat Ihave this day served a copy oftheMotionto Permit Disclosure ofthe Initial Decision Served onMay 17, 2013, to Representatives ofSouthwestAirlines Co. onthe following, atthe address indicated, byUPS overnight delivery: The Honorable Richard C. Goodwin, Administrative Law Judge Office ofHearings, M-20 U.S. DepartmentofTransportation 1200NewJersey Avenue, S.E. (Ell- 310) Washington, DC 20590

Datedthis 3RD day ofJune, 2013.**Jam~s** .Eastwood McKennaLong & Aldridge LLP 41676 International Drive, Penthouse McLean, VA 22102 703-336-8800 (P) 703-336-8750 (F)

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