SERVED MARCH 8, 2011 

:-miENTOF 

U.S. DEPARTMENT'OF TRANSPORTATION .' :''v^V^WV 'Q 

OFFICE OF HEARINGS -^' '-'' ^^^'^' ''^' '"^ 

WASHINGTON, DC ,, „.^ ^^^^ 

IN THE MATTER OF 

SKYWEST AIRLINES 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA-2011-0061 

PROCEDURAL ORDER 

In order to expedite the hearing in this matter, the parties shall comply with the 

Procedural Schedule set forth hereinbelow . The Rules of Practice for this proceeding 

are set forth in 14 C.F.R. Part 13, Subpart G, of the Federal Aviation Regulations^. 

Under FAA Order 2150.3B 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. Compromise may be effected with or 

without a finding of violation (14 C.F.R. §13.16 (n) (D). 

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 assigned 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, or its representative on an ex 

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

judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 (Ira.Leibowitz(a)4ot.gov). 

Administrative matters may be addressed to the judge's. Legal Assistant, Pat Matthews 

[202-366-5121] (Patricia.Matthews@dot.gov). 

' Materials filed in the FAA Hearing Docket (except for materials filed in security cases) are also available 

for viewing at http://www. regulations, gov. 

^ The Administrator's civil penalty decisions, along with indexes of the 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/headquartersjoffices/agc/pol_adjudicatioii/agc400/civil_penalty/; see 

also: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/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. 

^ See Linda Joyce Goodman. FAA Docket No. CP89WP0061, Order dated May 30, 1989. 

1 
C'x ',1--

WHEREFORE, the parties b^ «| 

following procedural schedule: 

1. Venue shall be Salt L^ ; 

2. On or before June 1, ^Q: 

including, but not 

to production request 

a discovery dispute th|y ( 

resolution in a timely 

3. NOTICE IS HEREBY!^ 

case at a hearing on or{ 

courtroom facilities. 

I '•"''•;' 

4. The parties will have tlie 

arguments pursuant 

guidance, the folio; 

its brief fifteen (15) 

its brief fifteen (15) da; 

Complainant shall be 

5. Settled cases will got 

written pleading(3), coi 

the presiding judge. 

)ERED to adhere to 

S^-i^-' 

conclude all dis<?|^^ 

^bcument prodoctW^^ponses 

J Ifthepaiti£l$j^fti|i^solve 

^C^ut e to the utid^i^^ i lor 

;^^hall be prepared tafi|p8ent this 

iljject to the^vn^^i ^ of 

f -t; rfj.i 

Post-Hearing brije^ i&d 

led at thb^^'l^l^*' For 

;us6d: Gon^i^^fiMp^l file 

ir^nscri^ l^&spo^m^iail 

l^ttttal brieifibji^^ c 

ii^ieafter. 

4ocl£et'^Mil^^#ioper 

le rules,. igrwwm^by 

't 

* 14 CM^^ 13.221 states: "The administratii^ 

the doi^B^iltQe and location of the hearing." I {;, 

^ 14 CFiC t_13.215 states; At any time befor^ oyi 

'ccNOiplaint or party may withdraw a request for it ' 

ju(}ge. If m agency attorney withdraws the com )1 

answer, Has administrative law judge shall dism 9^, 

^ ^ff> j^^^^ ^ 9f I^wi? Dr^^ ^ ^jjjfgy; 

1637'5>,^^KTenninating Proceeding", serve* 

Docket^^B|j-0458, "Order Canc^lingsHi ' 

\ at iflilpiBtt^r of Robert H ^ F M P' 

I dated O^&tU, 2004 and October 27,2004. 

\f^&4imiU ^ PQcKets cpyya^^grCi 

; Admin^^yeXaw Judge Burton S. Kolleq, S0 

;Comi)1«il|p|;Appeal". In The Mjrtter s^*"*'' 

52005-1-0^8*15,2005. 

2 ; 
The parties are advised that submissions sent to the street address of the 

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. 

joodwin 

U.S. Administrative Law 

Attachment - Service List 
g 

t. ^ ^llTt 

m 

FDMS No 

(Civil 

-2011-0061 

Mm' 

Federal Aviation Administration i '^•^j^i•iM^^/r.L' • J. 

800Independence Avenue, S.W. ~". " 

Washington, DC 20591 

Attention: Hearing Docket Cl( 

Wilbur Wright Bui 

Todd C. Emerson, Respondent's 

Director, Government and Legal 

SkyWest Airiines 

444 South River Road 

St. George, UT 84790 

TEL: 435-634-3530 

FAX: 435-634-3505 

Jeffrey M. Harper, Complainant's €(^ ^ 

Attoriiey, Office of the Regional clmyl^ 

Korthwest Mountain Region, ANm-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. • 

Kenton, WA 98057 

TEL: 425-227-2161 

FAX: 425-227-1007 

The Honorable Richard C. Goodwill, A> 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200>Jew Jersey Avenue, S.E. 

Ea$t Building Ground Floor, Room 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 : 

•ft :&>?.. • / -

'udge 

i \ 

' Sestvioe was by U.S. Mail. For service in 

Fedoncit Aviation Administration, 600 Ind< 

2Wl0b0, Washington, DC 20591; Attention! 

ir, use the fiJUd|t|a 

Wright ioii ^ 

A<K:-430. 

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•'••' )