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JEFFREY M. R^UIPER 

FAA OFFICI: OF REGIONAL COUNSEL 

1601 LrND AVENUE SouTHW'EST 

RENTON, WASHJNGTON 98057 

TELEPHONE: (425)227-2161 

FACSn^HLE: (425)227-1007 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

AUG 1 ' ?!^'' 

BEARING OQC 

In the Matter of: 

SkyWest Airlines, Inc. 

4^7^nVBeeieET Not As-signed— 

FAA Case No. 201 lN^'10600iQ. 

DMS No. FAA-2011-0486 

FAA DOCKET Not Assigned 

FAA Case No. 2011NM06001L 

DMS No. FAA-2011-048? 

Judge Richard C. Goodwin 

COMPLAINANT'S INITIAL DISCOVERY REQUEST 

To: Respondent 

In accordance with 14 C.F.R. § 13.220 and the Federal Rules of Civil Procedure, please respond to 

the following Interrogatories, Requests for Production of Documents, and Request for Admissions, 

separately and fully under oath by September 10,2011. 

These discover)' requests are intended to discover infomiation and/or documents not only within 

your personal knowledge or obtainable by you, but also infomiation in the possession of or 

obtainable by your attorneys, investigators, representatives, employees, agents, or anyone acting on 

your behalf or on their behalf 

Tliese discover)' requests are continuing in nature and any infomiation wliich may be discovered by 

you Subsequent to the ser\'ice and fllijig of your answers must be brought to the attention of the 

agency artomey tlirougii supplemental answers when it becomes available to you, at a reasonable 

time prior to the hearing in tliis matter. If there are any additions, deletions or changes in the 

answers or inlbmiation provided at any time prior to hearing the Respondent is specifically 

requested to so immediately inform the agency attorney. If such infonnation is not furnished, the 

agency attorney at the time of the hearing will move to exclude from evidence such infomiation 

requested and not furnished. 

The agency attorney further requests that the Respondent produce the documents identified ajid 

designated herein for inspection and copying at the Federal Aviation Administration (I'AA) Office 

Cooiplainanrs Initial Discovery Request 

Sk-vwesi Airlines-2010NM060010, 2010NM06001 

Page 1 of 6 

JEFFREY M. ttARPER, F.-VA ATTORNEY 

TEL: {425)227-2161: FAX: (425) 227-1007 
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INTERROGATORIES 

Interrogatory No. 1: Identify' by name, address, and telephone number all persons whom you know 

to have personal knowledge of the matters alleged in the Complaint. 

Interrogatory No. 2: Identify' by title, date, author, present custodian, and content, all documents, 

including coiTespondence, obtained by you or in your possession, relating to the assertions in the 

Complaint, your appeal, your answer, and any affirmative defenses which you anticipate raising in 

tJiis matter. See Request for Production No. 1, 

InterTOgaton'No. 3: Identify by name, address and telephone number, all persons whom you intend 

to have testify as a factual or expert witness in your defense at the hearing in this matter, and for 

factual witnesses, provide a detailed summaiy of each person's anticipated testimony. 

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InterrogatorN'- No. 4: Identify by title, date, author, present custodian, and content, all documents 

which you anticipate offering into evidence at the hearing in this matter, and tlirough which witness 

or witnesses. See Request for Production No. 2. 

Ii'iteiTogatopy' No. 5: With respect to each expert witness identified in response to Interrogatory 

No. 3, specify their specific area of expertise, and provide a synopsis of their credentials, 

background, training, and experience. 

Jntertogatory No. 6: With respect to each expert you expect to call as a witness, state the subject 

matter on which the expert is expected to testify, state the substance of the facts and opinions to 

which the expert is expected to testify, and provide summary of the grounds for each such opmion. 

Interrogaloi-vNo. 7: Describe with specificiW all of the facts which you anticipate presenting in the 

course of the hearing in this matter pertaining to the avoidance or mitigation of the sanction sought 

by the FAA in tliis case. 

jlitertogaton'No. 8: State by name, address, telephone number, date of conversation, and substance 

of conversation, all persons, other tliaii legal counsel or your spouse, with whom you has'e 

discussed the matters alleged in the Complaint.. 

Interrogatory No. 9: Describe with specificit)' all facts or evidence you mtend to rely upon m 

support of any afllmiative defenses raised in any Answer to tlie Complaint, to include identifying 

the specific FAA policy you claim is violated by the proposed penalty in these cases. See Request 

for Production No. 3. 

Interrogatory'No. 10: For any of the requests for admissions below that is denied, state with 

specificity the facts that are tlie basis for that denial as well as the inquiries taken to detemiine that 

the facts in the request for admission are not con-ect. See Request for Production No. 5. 

REQUESTS FOR PRODUCTION 

Request for Production No. 1: Provide a copy of all docmnents referred to in your answer to 

hiterrogalor)' No. 2 

Request for Production No. 2: Provide a copy of all documents referred to in your answer to 

hiterrogalor)' No. 4. 

Request for Production No. 3: Provide a copy of all documents that support your answer to 

hiteiTogatoPv'No. 9. 

Complainant's Initial Discover*' Request JEFFREY M. MARPER. K/VA ATTORNEY 

Skywcsl Air]ines-2010NM060010, 2010NM060011 TEL: (425) 227-2161; F.AX: (425) 227-1007 

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of Regional Counsel, Suite 570, 1601 Lind Avenue, Southwest, Renton, Washington 9S057, by 

September 10, 2011. 

PRIVILEGE 

If, in responding to, or failing to respond to these Inten'ogatories, Requests for Admission and 

Requests for Production you invoke or rely upon any privilege of any kind, state specifically the 

nature of the privilege; the basis upon wMch you invoke, rely upon, or clami it, including any 

statutory' or decisional reference; and identify all documents or other information, including 

contacts and communications, which you believe to be embraced by the privilege uivoked. 

DATED thjs^ Oth day of August, 2011 

J^rcy M. Harper 

FAA Attorney 

Complain:int's Initial Discovery Request 

Skywcsl Airlines-2010NM060010, 2010NM060011 

Pace 2 of 6 

JEFFREY M. 1-IARPER, PAA ATTORNEY 

TEL: (425) 227-2161; PAX: (425) 227-1007 
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Request for Production No. 4: Provide a copy of all documents tliat support your answer to 

Interrogator)'No. 10. 

Request for Production No. 5:- Provide a copy of all exhibits that you intend to offer or will use 

during the hearing in this matter. 

REQUEST FOR ADMISSIONS 

Under 14 C.F.R. § 13.220(b) and Rule 36 of the Federal Rules of Civil Procedure, you are requested 

to admit die truth of the following matters. A matter is admitted unless responded to in a reasonable 

lime. The Rules of Practice in FAA Civil Penalty Actions, 14 C.F.R. § 13.220(d), defmes a 

reasonable time to be 30 days. 'Die agency requests tliat an answer is served upon the agency 

ilUflrrieyLsitliPr ndmitling the mnllcr 5;ppririrn11y Hpnying the_mfi1Tp,r_5;ta.ting \diy lhp_mn11pr rnnnnt— 

be admitted or denied, or objecting to the request, with reasons for the objection stated within 30 

days of the date ol^sen'ice upon you, that is, August 10, 2011. 

Request.for Admission No. 1: Admit that, for the 12 month period ending September 2010, 

Sky'West Airiines had operating revenues in excess of $100 million, as shown by the Airline 

QuarteriyFinancial Review (3rd Quarter 2010) published by the Department ofTransportation, 

Office of Aviation Analysis, Competition and Policy Ajialysis Division. 

Request for Admission No. 2: Admit that, as of December 31, 2010, Sk'yWest Airiines employs 

more than 1,500 employees, as shown by SkyWest Airlines'2010 Ajinual Report. 

Requestfor Admission No. 3: Admit that SkyWest Airiines has the financial ability to pay the 

$33,000 requested civil penally in FAA Case No. 201 INI^'1060010, FDMS No. FAA-2011-0486. 

Request for Admission No. 4: Admit that SkyWest Airlines has the financial ability to pay the 

$99,000 requested civil penalty in FAA Case No. 2011NM060011, FDMS No. FAA-2011-0485. 

Request for Admission No. 5: Admit that Sk)'West Airlines was assessed a $24,000 civil penalty 

on March 2, 2011 in FAA Case No. 2010NM060106 for violations of the Federal Aviation 

Regulations (14 C.F.R.) §§ 119.5(g), 119.5(1), 121.693(a), 121.693(c), and 121.693(d), involving 

improperly docunientcd baggage loadijjg on two aircraft in September, 2010. 

Request for Admission No. 6: Admit that SkyWest Airiines was assessed a $144,000 civil penally 

on March 2, 2011 in FAA Case Nos. 2010NM060068 & 2010NM060076 for violations of the 

Federal Aviation Regulations (14 C.F.R.) §§ 119.5(g), 119.5(1), 121.693(a), 121.693(c), and 

121.693(d), involving improperly documented baggage loading on five aircraft in April and May, 

2010. 

Request for Admission No. 7: Admit that Sky'West Airlines was assessed a $45,000 civil penalty 

on March 2, 2011 in FAA Case Nos. 2010NM060020 & 2009N^4060124 for violations of the 

Federal Aviation Regulations (14 C.F.R.) §§ 119.5(g), 119.5(1), 121.693(a), and 121.693(c), 

inx'olving improperly documented baggage loading on five aircraft between August and November, 

2009. 

Complainani's Initial Discover^' Request JEFFREY M. HARPER, F/VA .ATTORNEY 

Skywcsl Airlines-20]ONM0600IO,2010NM060011 TEL: (425) 227-2161; FAX: (425) 227-1007 

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Request for Admission No. 8: Admit that SkyWest Airlines was assessed a $10,000 civil penalty 

on Februar>' 16, 2011 in FAA Case No. 2010NM060100 for violations of the Federal Aviation 

Regulations (14 C.F.R.) §§ 119.5(g), 119.5(1), 121.693(a), 121.693(c), and 121.693(d), involving 

improperiy documented cargo loadmg on one aircraft in August, 2010. 

Request for Admission No. 9: Admit that SkyWest Airlmes was assessed a $10,000 civil penalty 

on September 28, 2009 in FAA Case No. 2009NA1060050 for violations of the Federal Aviation 

Regulations (14 C.F.R.) §§ 119.5(n), 119.5(1), 121.693(a), and 121.693(c), mvolving improperly 

documented baggage loadhig on one aircraft on March 17, 2009. 

Request for Admission No: 10: Admit that SkyWest Airiines was assessed a $10,000 civil penally 

on September 28, 2009 in FAA Case No. 2009NA4060023 for a violation of the Federal Aviation 

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Regulations (14 C.F.R.) § 119.5(g), involving improperiy documented baggage loading on three 

aircraft in December, 2008. 

Cornp[iiinajit"s Initial Discover.' Request . JEFFREY M. fl.ARPER, FAA AlTORNEY 

Skywcst Airlines-2010N\-I0600i0,20l0NM0600ll TliL; (425)227-2161; FAX: (425) 227-1007 

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CERTIFICATE OF SERVICE 

I hereby certily that the foregoing Motion to Consolidate has been ser\'ed via facsimile and 

Certified Mail - Return Receipt Requested this date, to the following: 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

1200 New Jersey Avenue. S.E. 

East Buildijig Ground Floor, Rm El2-320 

TEL: (202)366-2139 

FAX: (202)366-7536 

Attn: Hearing Docket Clerk. AGC-430 

Wilbur Wright Building- Suite 2W1000 

Federal Aviation Administration 

800 Independence Ave. SW. 

Washington, DC 20591 

FAX: (202)493-5142 

Todd Emerson, Esq. 

Sky'West Airlines 

444 S. River Road 

St. George, UT 84790 

TEL: (435)634-3530 

FAX; (435)634-3505 

DATED this 10th day of August, 2011. 

MOIFAIR CHIN 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton. WA 98057 

(425)227-2160 

Complainant's liiilial Discover.' Request 

Skywesf Airline.':- 201ONM060010, 20]()'NM0600l 

Page 6 of 6 

JEFFREY M. HARPER. FAA ATTORNEY 

TEL.-(425)227-2(61; TAX: 025) 227-1007