02/19/201 0 13:5 0 FAX 2024935142 FAA + DMS @|001/007 

DEPTO:'^""TCRW!ON 

i- '::\} RECEIVED 

Todd C. Emerson, #8175 ' "^ ~ • ""^ 

444 SoLiih River Road fJEARiN G DOCKP" ^ 

Si. Gwrgc, Utah, 84790 " ' 

Telephone: (435) 634-3530 

Facsimile: (435) 634-3505 

UNITED STATES OF AMERICA 

DiF.PARTMEN4 OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D C 

In the Matter of: 

SkyWest Airlines, Inc. 

FAA DOCKET CP009NM0012 

DMS No. FAA-2009-0979 

FAA Case No. 200yNM060042 

Judge: Richard C. Goodwin 

RESPONDENT'S INITIAL DISCOVERY REQUEST 

In accordance with 14 CFR Sections 13.220 and the Federal Rulcs^CivjI Procedure, 

please respond to the tbllowing Interrogatories, Requests for Produciion of Documents, iind 

Request for Admissions, separately and fully under oath by February 22, 2010. 

To the extent allowed under the Rules, these interrogatories and requests are continuing in 

nature and the FAA is required to provide such additional information as it, attorney for the 

FAA, or anyone acting on behalf of or in concert v«/ith the FAA may have or may obtain between 

the time the answers are served and the time for trial. In answers to these interrogatories, ihc 

FAA is requested to furnish all infonnation which is available to it or to its attorney, including, 

but not limited to, information in the possession of any attorneys, agents, investigators, 

representatives, or anyone acting in cooperation or in concert with the case to be presented by the 

FAA. 

If any interrogatory cannot be answered in full after exercising due diligence to secure the 

information requested, please so state and answer the interrogatory to the extent such 
02/19/2010 13:50 FAX 2024935142 FAA DMS 0002/00 7 

interrogatory can be answered stating whatever information or knowledge presently is available 

concerning the portion of said interrogatory that could not be answered. 

If any information is withheld under a claim of privilege, provide sufficient inforrnaiion to 

allow the court and the parlies to determine the validity of the claim of pri vi lege. This 

information should include the nature of the privilege claim, ail facts relied upon in support of 

the claim of privilege, all documents related to the claim of privilege, and all persons having 

knowledge of any facts related to the claim of privilege. If, for reasons other than a claim of 

privilege, defendant refuses to produce any documents or tangible things described herein, piea.se 

state the groundsup©n which the refusal is based ^-ith sufficient specificity to permira"' 

determination of tire appropriateness of such refusal. 

Dated this 22'"' day J/january 2010. 

Xjc^ 

Todd Emerson 

SkyWest Director of Legal Affairs. 
DEFINITIONS 

1. As used herein, "Person" means an individual, firm, partnership, 

corporation, proprietorship, association, union, federation, governmental body, or any other 

organization or entity. When the term "identify" is used in conjunction with the term "person", 

or if the answer to any interrogatory herein refers to a person (as defined herein), you are to state 

each such person's: (1) full name, (2) present or last known address, and (3) present or last 

known phone number. Once an individual, corporation or other entity has been thus identified in 

an answer to an interrogatory, it shall be sufficient thereafter when identifying that indi\ idual, 

corporation or other entity to state merely his. her or its name. .. . 

2. As used herein, "document" or "documents" means any printed, 

typewritten, handwritten, or otherwise recorded matter of any character, including, but not 

limited to, letters, writings, computer records. E-mail, memoranda, charges, pleadings, 

telegrams, notes, catalogues, brochures, diaries, reports, calendars, interoffice communications, 

statements, announcements, printouts, drawings, graphs, charts, photographs, videos, tape 

recordings, phonorecords or data compilations, including all drafts, copies, reproduction, and 

variations thereof (to the extent that they differ), together with any markings or notations 

thereon, in your custody, possession or control. When the term "identify" is used herein in 

conjunction with the term "document" or "documents" (as defined herein), you are to state, with 

respect to each such document: (1) the author or originator, (2) date of document, (3) subject 

matter or title of document, (4) the name and address of the intended recipient, (5) each and 

every person to whom copies were sent, (6) its present or last known location or custodian, (7) it.s 

disposition if no longer in your possession or subject to your control, and (8) the substance of its 

contents; or, in lieu thereof, you may produce the document, provided that each document is 

appropriately marked to identify the interrogatory to which it is responsive. 

3. "Relates to" or "relating to" means consisting of. pertaining to, rellocling 

or iiaving'ainy logical or factual connection with the matter discussed. 

FIRST SET OF INTERROGATORIES 

INTERROGATORY NO. 1: 

answering any of these Interrogatories. 

Identify all persons who assisted in any way in 

INTERROGATORY NO. 2: Identify all persons who are familiar with or have 

knowledge of the material facts given in answer to any of these Interrogatories, referring to the 

Interrogatory response to which such person has knowledge. 
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INTERROGATORY NO. 3: Identify each person you expect to call as a 

witness at the hearing of this matter. With respect to each person, set forth the following: 

(a) A narrative of what you expect each witness to testify concerning;, 

(b) Any documentary evidence you expect to introduce through each witness; 

(c) Whetherihe witness is an expert or factual witness. 

INTERROGATORY NO. 4: Identify each person that you expect to call as an 

expert witness at trial in this matter. With respect to each person, set forth the following; 

(a) The subject matter in which the expert is expected to testify; 

(b) The substance of the facts and opinions to which ihe expert is expected to 

testify; - • 

(c) Give a thorough and explicit summary of the grounds of each opinion of 

the expert; 

(d) State the educational background of each expert, give a brief summary of 

his or her professional experience, and enumerate the professional societies and 

organizations of which he or she is presently a member; and 

(e) Identify the reports or documents upon which such expert opinion is 

based. 

INTERROGATORY NO. 5: Identify each expert who has been retained or 

specifically employed by you in anficipaiion of litigation or for preparation for trial and who is 

not expected to be a witness at trial. 

INTERROGATORY NO. 6: State any violation, defect, deficiency, 

shortcoming or problem with the performance of SkyWest as it conducted the de-icing 

operations on February 17, 2009 and identify by name and address each person having 

knowledge concerning such problem and with respect to each such person state the substance of 

his or her such knowledge. 

INTERROGATORY NO. 7: State each fact on which the FAA relics in support 

of its claim that SkyWest violated 14 CFR 119.5(g). With respect to such facts stale the 

following infonnation: 

(a) List and reasonably describe each document that concerns, supports or 

provides the basis for such facts; 

(b) Identify by name, address, employer, position with employer, and 

telephone number each person having knowledge of such facts, and separately with 

respect to each such person, set forth the substance of his or her such knowledge; 

(c) The name and current address of each person whom you and/or your legal 

counsel expect to call as a witness at the trial of this action with respect thereto; 

(d) Identify each document upon which you, and/or your legal counsel, rely 

and which relates thereto by giving the date, the name and current address of the author 

and the name and current address of the custodian thereof, and set forth the contents 

thereof, or, in the alternative, attach a copy thereof to your answers to these 

interrogatories. 
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INTERROGATORY NO. 8: State each fact on which the FAA relies in support 

of its claim that SkyWest violated 14 CFR 119.5(1). With respect to such facts state the tbllowing 

information: 

(a) List and reasonably describe each document that concemii, supports or 

provides the basis for such facts; 

(b) Identify by name, address, employer, position with employer, and 

telephone number each person having knowledge of such facts, and separately with 

respect to each such person, set forth the substance of his or her such knowledge; 

(c) The name and current address of each person whom you and/or your legal 

counsel expect to call as a witness at the trial of this action with respect thereto; 

(d) Identify each document upon which you, and/or your legal counsel, rely 

and which relates thereto by giving the date, the name and current address of the author 

and the name and current address of the custodian thereof, and set forth the contents 

thereof, or, in the alternative, attach a copy thereof to your answers to these 

interrogatories. 

INTERROGATORY NO. 9; State each fact on which the FAA relies in support 

of its claim that SkyWest violated 14 CFR 121.629(c). With respect to such facts state the 

following information: 

(i) List and reasonably describe each document that concerns, supports or 

provides the basis for such facts; 

(b) Identify by name, address, employer, position with employer, and 

telephone number each person having knowledge of such facts, and separately with 

respect to each such person, set forth the sub.stance of his or her such knowledge; 

(c) The name and current address of each person whom you and/or your legal 

counsel expect to call as a witness at the trial of this action with respect thereto; 

(d) Identify each document upon which you, and/or your legal counsel, rely 

and which relates thereto by giving the date, the name and current address of the author 

and the name and current address of the custodian thereof, and set forth the contirnts 

thereof, or, in the altemaiive, attach a copy ihereof to your answers to these 

interrogatories. 

INTERROGATORY NO. 10: State with detail the basis for calculating a civil 

penalty in the amount of $84,000 for this matter under the relevant FAA Orders and penalty 

guidelines. 

INTERROGATORY NO. 12: Describe each document, object and thing which 

the FAA expects to introduce as an exhibit or use in examining or cross-examining witnesses at 

the trial of this action, and with respect to each such document, state the date thereof, the name 

and current address of the author thereof, the name and current address of the custodian thereof 

and set forth the contents thereof, or, in the alternative, attach a copy thereof to FAA's answers 

to these interrogatories. 
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FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS 

REOUESTNO. 1: Any and all documents upon which the FAA relied or 

referred to in answering defendant's First Set of Interrogatories. 

REQUEST NO. 2: Any and all documents upon which the FAA relied or 

referred to in its Complaint. 

REOUEST NO. 3: Any and all documents the FAA will or may seek to 

introduce as exhibits at any trial or hearing in this action. 

REOUEST NO. 4: Any and all notes or documents created by the investigators 

in this matter. 

REOUEST NO. S: Any document created by Joan Peterson relating to SkyWest 

de-icing operations fi-om February 1, 2009 to present. 
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CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on this 22'"' day of January, 2010, a true and correct 

copy of the foregoing RESPONDENT'S INITIAL DISCOVERY REQUEST was served as 

follows: 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

1200 New Jersey Avenue7S.E. 

East Building Ground Floor, Rm E12-320 

Washington, D.C. 20590 

{U.S. Mail} 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

{U.S. Mail} 

Scott R. Morris 

Federal Aviation Administration 

Northwest Moimtain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

{Facsimile and U.S. Mail}