JEFFREY HARPER FAA OFFICE OF REGIONAL COUNSEL 1601 LIND AVENUE SOUTHWEST RENTON, WASHINGTON 98057 TELEPHONE: (425) 227-2161 FACSIMILE: (425) 227-1007 

### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

Inthe Matter of: SkyWest Airlines, Inc.

To: SkyWest Airlines, Inc: DMS No. FAA-2014-0322 FAA Case No. 2012NM060030 Honorable Richard C. Goodwin



### Complainant's Response To Respondent's Initial Discovery Request
Pursuantto 14 C.P.R. 

### § 13.220, and consistent with Fed.R.Civ.Pro. 26, 33, 34, and 36, Complainant submits its response to Respondent's First Request for Production of Documents and Other Discovery. Complainant is aware ofand understands the continuing nature ofhis discovery obligation. This discovery will be supplemented as necessary. Where an objection is noted, but a substantive response is provided, the substantive response is provided without waiving the objection. 

### Interrogatories & 

### Requests for Production Interrogatory No. 1: Identify by name, address and telephone number all persons whom you knowto have personal knowledge ofthe matters alleged inthe Complaint. Douglas Stow (281) 461-2438 Aviation Safety Inspector United Airlines Certificate Management Office 2625 Bay Area Boulevard, Suite 400 Houston, TX 77058 Andrew Ayers (801) 257-5118 Primary Operations InspectorSkyWest Certificate Management Office 1020 North Flyer Way (2200West) Salt Lake City, UT 84116-2959 Those individuals identified in Respondent's Response to Complainant's Initial Discovery Request. Interrogatory No.2: Identify by title, date, author, present custodian, and content, all documents, including correspondence, obtainedby you or inyour possession, relating to the assertions inthe Complaint. Object to the extent the request encompasses privileged material. Without waiving that objection, the following documents are inthe possession of Complainant: 1. Air Carrier Certificate for SkyWest Airlines, Inc. 2. SkyWestAirlines Operations Specification A001. 3. SkyWest Airlines Operations SpecificationD085. 4. SkyWest Airlines Operations SpecificationA098. 5. Dispatchrelease for SkyWest Flight 4743 (SMF-LAX) on December4, 2011.
6. Aircraft Flight Log for SkyWest Flight 4743. 7. Load Manifest for SkyWest Flight 4743. 8. Aircraft Communications Addressing and Reporting System (ACARS) Out/In Times for SkyWest Flight 4743. 9. FAA Advisory Circular 00-58B. 10. ACARS baggage counts for SkyWest Flight 4743. 11. ACARS communications between Flight 4743 and dispatch center. 12. SkyWest Standard Practice 4100, Revision: 01 13. Letter from Andrew Ayers (FAA) to David Faddis (SkyWest) dated January 17, 2012. 14. Letter from Andrew Ayers (FAA) to David Faddis (SkyWest) dated

Complainant's Response to Respondent's Initial Discovery Request SkyWest Airlines DMS Nos. FAA-2014-0322 Page 2 of7 JEFFREYM. HARPER, FAAATTORNEY TEL: (425) 227-1417; FAX: (425) 227-1007January 24, 2012. 15. Letter from Maggi Aiken (SkyWest) to Andrew Ayers (FAA) dated January 24, 2012. 16. FAA Order 8000.89. 17. Letter from Klen Brooks (SkyWest) to Andrew Ayers (FAA) dated August 3, 2011. 18. Letter from Klen Brooks (SkyWest) to Andrew Ayers (FAA) dated December 21, 2011. 19. SkyWest Airlines VDRP Submission, notification ID 9145 SMF of December 22, 2011. 20. Documents provided by SkyWest in its Response to Complainant's Initial Discovery Request. 21. Documents previously produced, and documents providedby SkyWest in Discovery in cases DMS Nos. FAA-2011-0485 FAA-2011-0486 FAA-2011-0779 FAA-2012-0868 FAA-2012-0869 FAA-2012-0872 FAA-2012-0873 FAA-2012-0874 FAA-2012-0904 FAA-2013-0617 FAA-2013-0619 Request for ProductionNo. 1: Provide a copy ofall documents referred to in your answerto the preceding interrogatory. Objectto the extent the request encompasses privileged material. Without waiving that objection, requested material that is notprivileged is enclosed, has beenpreviously provided, is publically available, or are copies ofdocuments within Respondent's custody and control which Respondent provided the Complainant.

Complainant's Response to Respondent's Initial Discovery Request SkyWest Airlines DMS Nos. FAA-2014-0322 Page 3 of7 JEFFREYM. HARPER, FAAATTORNEY TEL: (425) 227-1417; FAX: (425) 227-1007Interrogatory No.3: Identify by name, address and telephone number, all persons whom you intendto have testify as a factual 

### or expert witness inyour defense at the hearing inthis matter, and for factual witnesses, provide a detailed summary ofeachpersons anticipated testimony. Douglas Stow (281) 461-2438 FAAASI United Airlines Certificate Management Office 2625 Bay Area Boulevard, Suite 400 Houston, TX 77058 Mr. Stow is expected to establish a foundation for the documentary evidence which substantiates the alleged violations. Andrew Ayers (801) 257-5118 FAAASI SkyWest Certificate Management Office 1020 NorthFlyer Way (2200West) Salt Lake City, UT 84116-2959 Mr. Ayers is expected to establish a foundation for the documentary evidence which substantiate the alleged violations. Interrogatory No.4: Identify by title, date, author, present custodian, and content, all documents which you anticipate offering into evidence at the hearing inthis matter, and through which witness or witnesses. See response to Interrogatories Nos. 2 and 3. Request for ProductionNo.2: Provide a copy ofall documents referred to in your answer to the preceding interrogatory. See response to Request for ProductionNo. 1. Interrogatory No. 5: With respectto each expert witness identified inresponse to Interrogatory No. 3, above, specify their specific area ofexpertise, and provide a synopsis of their credentials, background, training and experience. No expert witness is presently identified or planned. Complainant is aware ofits ongoing discovery obligation, and will supplement its response ifneeded. Interrogatory No. 6: Withrespectto each expert you expect to call as a witness, state the subject matter on whichthe expert is expected to testify, and state the substance ofthe facts and opinions to which the expert is expected to testify, and a summary ofthe grounds for each such opinion.

Complainant's Response to Respondent's Initial Discovery Request SkyWest Airlines DMS Nos. FAA-2014-0322 Page 4 of7 JEFFREYM. HARPER, FAAATTORNEY TEL: (425) 227-1417; FAX: (425) 227-1007No expert witness is presently identified orplanned. Complainant is aware ofits ongoing discovery obligation, and will supplement its response ifneeded. Interrogatory No.7: Identify all persons involved in loading and counting bags at SMF for Flight 4743. The specific identity ofindividuals involved in loading and counting bags at SMF for Flight4743 is unknown. Upon information and belief, the individuals involved in loading and counting bags were employed by SkyWest, either directly or by subcontract, to provide ground handling services. Interrogatory No. 8: Identifythe person at SMF who believedthe bag count onFlight4743 was incorrect. The specific identity ofany individual at SMF who believed the bag count on Flight4743 is unknown. Upon information and belief, was the designated loading agent for the flight, and was employed by SkyWest, either directly or by subcontract. Interrogatory No.9: Identify the person at SMF who called SkyWest to report the alleged miscounted bags on Flight 4743. The specific identity ofthe individual at SMF who reported the incorrect bag count on Flight4743 is unknown. Upon information and belief, that individual was the ramp supervisor on duty at SMF, and was employed by SkyWest, either directly or by subcontract. Interrogatory No. 10: Identify any witness inLAX who metFlight 4743 and verified the report that 3 9 valetbags were present inthe baggage hold butnot accounted for inthe CLR or manifest. Complainant is not aware ofany such individuals. Upon information and belief, such individuals, ifany, would have been employed by SkyWest, either directly or by contract. Interrogatory No. 11: Identify any witnesses that Inspector Stow, or any other FAA inspector, contacted in SMF or LAX to verify there were 39 valet bags unaccounted for on Flight 4743. None. Request for ProductionNo. 3: Provide a copy ofall photographs depicting the bags present in the cargo hold for Flight 4743 or during loading or unloading ofthe same. No suchphotographs are known to exist. Request for ProductionNo. 4: Provide a copy ofall eye-witness statements relating to the loading, unloading and counting ofbags for Flight 4743. See enclosed.

Complainant's Response to Respondent's Initial Discovery Request SkyWest Airlines DMS Nos. FAA-2014-0322 Page 5 of7 JEFFREYM. HARPER, FAAATTORNEY TEL: (425) 227-1417; FAX: (425) 227-1007Request for ProductionNo.5: Provide a copy ofall Exhibits that you will present during the hearing inthis matter. See enclosed. 

### Requests for Admission Request for AdmissionNo. 1: Admit the FAAhas not contacted or gathered any evidence from any witness involved inthe loading, unloading or counting ofbaggage on Flight4743. Admit. Request for AdmissionNo. 2: Admit the FAAhas no photographs orpaperwork obtained at SMF or LAX to verify the alleged bag miscount onFlight 4743. Admit. Request for AdmissionNo. 3: Admit the FAA has not obtained a copy ofthe cargo load report, in any iteration, for Flight 4743. Admit. Request for AdmissionNo.4: Admit SkyWest did not conduct the ground handling for Flight 4743 in SMF. Deny. On information and belief, either SkyWest conducted the ground handling for Flight4743 in SMF using its own employees, or SkyWest conductedthe ground handling for Flight4743 in SMF through its agents by contract. Request for AdmissionNo. 5: Admit the FAA is relying solely on anunverified, hearsay report received by SkyWest from a third-party vendor indicating that 39 valet bags may have been omitted from the CLR, flight manifest or weight and balance calculations for Flight 4743. Objection. Calls for a legal conclusion. Respectfully submitted this 29111 day ofSeptember, 2014.

JMH/ds Enclosure: Documentproduction.

Complainant's Response to Respondent's Initial Discovery Request SkyWest Airlines DMS Nos. FAA-2014-0322 Page 6 of7 JEFFREYM. HARPER, FAAATTORNEY TEL: (425) 227-1417; FAX: (425) 227-1007

### CERTIFICATE OF SERVICE
I hereby certify that the foregoing Complainant's Response to Respondent's Initial Discovery Request has been served viaemail and Certified Mail- return receipt requested, this date, to the following: Todd Emerson, Esq. SkyWest Airlines 444 South River Road St. George, UT 84790 T (435) 634-3530 F (435) 634-3505 temerson@skywest.com The Honorable Richard C. Goodwin Office ofHearings, M-20 1200 NewJersey Avenue, S.E. East Building Ground Floor, Rm E12-320 Washington, D.C. 20590 · T (202) 366-2139 F (202) 366-7536 richard.goodwin(a)dot.gov I hereby certify that the foregoing Complainant's Response to Respondent's Initial Discovery Request (without enclosures) has been served via Certified Mail- return receipt requested, this date, to the following: Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 Federal Aviation Administration 800 Independence Avenue Southwest Washington, DC 20591 F (202) 493-5142 DATED this 29th day ofSeptember, 2014.

# h:r!i**~** Office ofRegional Counsel (ANM-7) Federal Aviation Administration 1601 Lind Avenue Southwest Renton, W A 98057 (425) 227-2164

Complainant's Response to Respondent's Initial Discovery Request SkyWest Airlines JEFFREYM. HARPER,FAAATTORNEY TEL: (425) 227-1417; FAX: (425) 227-1007 DMS Nos

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