### SERVED: June 24, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF'HEARINGS

WASHINGTON, DC


### IN THE MATIER OF SKYWESTAIRLINES, INC. DOCKETNO. FAA 2014-0322 (Civil Penalty Action).

PROCEDURAL ORDER In orderto expedite the hearing in this matter, the parties shall comply withthe Procedural Schedule set forth hereinbelow'. The Rules ofPractice for this proceeding are set forth in 14 C.P.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2• Those rules provide, inter alia, thatthe Respondent must file a written Answer or motion within thirty (30) days after service ofthe Complaint (14 C.P.R.§ 13.209(a)), that a general denial is deemed a failure to file an Answer(§ 13.209(e)), that failure to file an Answer without good cause is deemed an admission ofeach allegation inthe Complaint (§ 13.209(£)), and that, absent agreement ofthe parties, a party seeking anextension of time must file a written motion not less than seven (7) days before the document is due, absent good cause shown(§ 13.213(a) and (b)). More specifically, 14 CFR 

### § 13.209 (e) states: A person filing an answer shall admit, deny, or state that the person is without sufficient knowledge or information to admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained in the complaint that is not specifically denied in the answer may be deemed an admission ofthe truth of that allegation. A general denial ofthe complaint is deemed a failure to file an answer.

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing at http://www.regulations.gov. For additional information see: http://dms.dot.gov. 2 The Administrator's civil penalty decisions, along with indexes ofthedecisions, the Rules ofPractice, as well as other materials relating to civil penalty cases, are available on the internet at: http://www.faa.gov/**about!c~ffice**_org!headquarters_offices/age/pol_adjudication/ agc400/civil _penalty/; see also: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tp/=/ecfrbrowse/Title14114tab

_02.tpl. In addition, Thomson Reuters/West Publishingpublishes Federal Aviation Decisions. Finally, the decisions are available through LEXIS (TRANS library) and WestLaw 9FTRAN-FAA database. For additional information, see the Web site. 1

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Under FAA Order 2150.3B and the Rules governing these proceedings, the Agency attorney and the Respondent are encouragedto considerthe possibility of settlement and compromise ofthis matter. 3 Compromise may be effected with or without a finding ofviolation (14 C.F.R. §13.16 (n) (1)). NOTE: This presidingJudge does not require "Discovery" be served on the Judge. OtherJudges have different policies, but as long as this case is assigned to the undersigned presiding Judge the parties may, but are not required to, serve discovery on the undersigned. Thejudgewill not discuss the case with any party, or representative on an ex parte basis. Administrative matters may be addressed to StaffAssistant, 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 Lakes City, UT.; 2. On orbefore September 1, 2014, the parties shall conclude all discovery including, but not limited to, 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 preparedto present this case at a hearing on or after September 1, 20144
, subject to the availability ofcourtroom 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 pursuantto a schedule to be determined at the hearing. For guidance, the following schedule is typically used: Complainant shall file its brieffifteen (15) days after receipt ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefbythe Complainant shall be filed seven (7) days thereafter.

3 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in orderto foster frank discussions". Fiberglass Insulators, Inc. v Dupuy, 856 F. 2d 652, 653 (4 Cir. 1988); Wright & Graham, Federal Practice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made in the course of settlement negotiations. 4 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give each party at least 60 days notice of the date, time and location ofthe hearing." Ifthe parties can agree on tentative hearing dates, they are encouraged to provide those dates to the court and/or Ms. Matthews in orderto get the dates reserved on thejudge's calendar. 25. Settled cases 

### :will notbe removed from the hearing docket until the proper written

.pleading(s), consistent with the applicable rules,5 is received bythe presiding judge. 6 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 conductedbythe 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 by private delivery service, facsimile, oremail. The certificate ofservice shall reflectthe manner ofservice. The parties are encouraged to provide email addresses to expedite service of pleadings. 7. All documents are to be submitted to the undersigned as follows: HON. Richard C. Goodwin U.S. Administrative Law Judge · Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (E11-310) Washington, D.C. 20590 Attn: Patricia Matthews (Richard.Goodwin@dot.gov) Administrative matters should be directed to Patricia Matthews, StaffAssistant (202) 366-5121 (Patricia.Matthews@dot.gov). All other matters shouldbe addressed in writing/email to Judge Goodwin.

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

- Service List

5 14 C.F.R. § 13.215 states: "At any time before or during a hearing, an agency attorney m·ay withdraw a complaint or party may withdraw a request for a hearing withoutthe consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or a party withdraws therequest for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings underthis subpart with prejudice." 6 See: In the Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, OMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "OrderCancelingHearing and Terminating Proceeding", served January 16, 1991, at 1. 3SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 WilburWright Building-Suite 2WI0001

Todd Emerson, Respondent's Counsel SkyWestAirlines, Inc. 444 S. River Road St. George, UT 84790 TEL: 435-634-3530 FAX: 435-634-3505

. ONE COPY

Jeffrey M. Harper, Complainant's Counsel Federal Aviation Administration Northwest Mountain Region, ANM-7 1601 Lind Avenue Southwest Renton, W A 98057 TEL: 425-227-2161 FAJ<: 425-227-1007 TheHonorable Richard C. Goodwin,Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAJ<: 202-366-7536 DocketNo. FAA-2014-0322, (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orby expedited courier, use th.e following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
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