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. 

In the Matter of: 

Sky West Airlines, Inc. 

To: Sky West Airlines, Inc: 

DMS No. FAA-2014-0322 

FAA Case No. 2012NM060030 

Honorable Richard C. Goodwin 

Complainant's Response 

To Respondent's Initial Discovery Request 

Pursuant to 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 of and understands the continuing 

nature of his 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 

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

Douglas Stow 

(281) 461-2438 

Aviation Safety Inspector 

United Airlines Certificate Management Office 

2625 Bay Area Boulevard, Suite 400 

Houston, TX 7705 8 

Andrew Ayers 

(801) 257-5118 

Primary Operations Inspector 
Sky West 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, obtained by you or in your possession, relating to the 

assertions in the Complaint. 

Object to the extent the request encompasses privileged material. 

Without waiving that objection, the following documents are in the possession of 

Complainant: 

1. Air Carrier Certificate for Sky West Airlines, Inc. 

2. Sky West Airlines Operations Specification A001. 

3. Sky West Airlines Operations Specification D085. 

4. Sky West Airlines Operations Specification A098. 

5. Dispatch release for Sky West Flight 4743 (SMF-LAX) on December 4, 2011. 

6. Aircraft Flight Log for Sky West Flight 4743. 

7. Load Manifest for Sky West Flight 4743. 

8. Aircraft Communications Addressing and Reporting System (ACARS) Out/In 

Times for Sky West Flight 4743. 

9. FAA Advisory Circular 00-58B. 

10. ACARS baggage counts for Sky West 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 (Sky West) dated 

January 17, 2012. 

14. Letter from Andrew Ayers (FAA) to David Faddis (Sky West) 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) 227-1007 
January 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 provided by 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 Production No. 1: Provide a copy of all documents referred to in your answer to 

the preceding interrogatory. 

Object to the extent the request encompasses privileged material. 

Without waiving that objection, requested material that is not privileged is enclosed, 

has been previously provided, is publically available, or are copies of documents 

within Respondent's custody and control which Respondent provided the 

Complainant. 

Complainant's Response to Respondent's Initial Discovery Request 

Sky West Airlines 

DMS Nos. FAA-2014-0322 

Page 3 of7 

JEFFREY M. HARPER, FAA ATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
Interrogatory 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 summary of each persons 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 

Sky West Certificate Management Office 

1020 North Flyer 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 in this matter, and 

through which witness or witnesses. 

See response to Interrogatories Nos. 2 and 3. 

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

the preceding interrogatory. 

See response to Request for Production No. 1. 

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

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

their credentials, background, training and experience. 

No expert witness is presently identified or planned. Complainant is aware of its 

ongoing discovery obligation, and will supplement its response if needed. 

Interrogatory 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, and state the substance of the facts 

and opinions to which the expert is expected to testify, and a summary of the 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) 227-1007 
No expert witness is presently identified or planned. Complainant is aware of its 

ongoing discovery obligation, and will supplement its response if needed. 

Interrogatory No.7: Identify all persons involved in loading and counting bags at SMF for 

Flight 4743. 

The specific identity of individuals involved in loading and counting bags at SMF for 

Flight 4743 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: Identify the person at SMF who believed the bag count on Flight 4743 

was incorrect. 

The specific identity of any individual at SMF who believed the bag count on 

Flight 4743 is unknown. Upon information and belief, was the designated loading 

agent for the flight, and was employed by Sky West, either directly or by subcontract. 

Interrogatory No.9: Identify the person at SMF who called Sky West to report the alleged 

miscounted bags on Flight 4743. 

The specific identity of the individual at SMF who reported the incorrect bag count on 

Flight 4743 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 in LAX who met Flight 4743 and verified the 

report that 3 9 valet bags were present in the baggage hold but not accounted for in the CLR 

or manifest. 

Complainant is not aware of any such individuals. Upon information and belief, such 

individuals, if any, would have been employed by Sky West, 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 Production No. 3: Provide a copy of all photographs depicting the bags present in 

the cargo hold for Flight 4743 or during loading or unloading of the same. 

No such photographs are known to exist. 

Request for Production No. 4: Provide a copy of all eye-witness statements relating to the 

loading, unloading and counting of bags 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) 227-1007 
Request for Production No.5: Provide a copy of all Exhibits that you will present during the 

hearing in this matter. 

See enclosed. 

Requests for Admission 

Request for Admission No. 1: Admit the FAA has not contacted or gathered any evidence 

from any witness involved in the loading, unloading or counting of baggage on Flight 4743. 

Admit. 

Request for Admission No. 2: Admit the FAA has no photographs or paperwork obtained at 

SMF or LAX to verify the alleged bag miscount on Flight 4743. 

Admit. 

Request for Admission No. 3: Admit the FAA has not obtained a copy of the cargo load 

report, in any iteration, for Flight 4743. 

Admit. 

Request for Admission No.4: Admit Sky West did not conduct the ground handling for Flight 

4743 in SMF. 

Deny. On information and belief, either Sky West conducted the ground handling for 

Flight 4743 in SMF using its own employees, or Sky West conducted the ground 

handling for Flight 4743 in SMF through its agents by contract. 

Request for Admission No. 5: Admit the FAA is relying solely on an unverified, hearsay 

report received by Sky West 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 of September, 2014. 

JMH/ds 

Enclosure: Document production. 

Complainant's Response to Respondent's Initial Discovery Request 

Sky West Airlines 

DMS Nos. FAA-2014-0322 

Page 6 of7 

JEFFREYM. HARPER, FAA ATTORNEY 

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 via email and Certified Mail- return receipt requested, this date, to 

the following: 

Todd Emerson, Esq. 

Sky West Airlines 

444 South River Road 

St. George, UT 84 790 

T ( 435) 634-3530 

F ( 435) 634-3505 

temerson@skywest. com 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

1200 New Jersey 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 2W1 000 

Federal Aviation Administration 

800 Independence A venue Southwest 

Washington, DC 20591 

F (202) 493-5142 

DATED this 29th day of September, 2014. 

h:r!i Office of Regional ~ Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind A venue Southwest 

Renton, W A 98057 

( 425) 227-2164 

Complainant's Response to Respondent's Initial Discovery Request 

Sky West Airlines 

JEFFREY M. HARPER, FAA ATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 

DMS Nos. FAA-2014-0322 

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