April/May 2013 Pilot Discussion

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Well said SCOTT! Guilty on all accounts! But you got the meaning of enjoin wrong. look it up.
SYIC!!!
T-5 days 15 hours

RIPE



338.1

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Don Addington; et al.,
Plaintiffs,
vs.
US Airline Pilots Ass’n, et al.,
Defendants.
No. CV-13-00471-PHX-ROS
RULE 65(a)(2) MOTION TO
CONSOLIDATE THE
PRELIMINARY INJUNCTION
HEARING WITH TRIAL ON THE
MERITS
Plaintiffs Addington, et al., (the “West Pilots”) move for the Court to consolidate the preliminary injunction hearing, set for May 14, 2013, with trial on the merits. This motion is supported by the Memorandum of Points and authorities that follows.
Dated this 8th day of May, 2013.
POLSINELLI PC
/s/ Andrew S. Jacob
By _______________________________
Marty Harper
Andrew S. Jacob
Jennifer Axel
Attorneys for Plaintiffs



Case 2:13-cv-00471-ROS Document 60 Filed 05/08/13 Page 1 of 3

MEMORANDUM OF POINTS AND AUTHORITIES
Plaintiff West Pilots’ claims are (1) that Defendant US Airline Pilots Association (“USAPA”) breached its duty of fair representation (“DFR”) by making a contract, the Memorandum of Understanding (“MOU”), that abandons the Nicolau Award without a legitimate purpose; and (2) that Defendant US Airways (“Airways”) shares liability with USAPA because it agreed to abandon the Nicolau Award, knowing this was a DFR
breach for USAPA. The West Pilots have a pending motion for a preliminary injunction that would compel USAPA and Airways to use the Nicolau Award in the process of integrating seniority with the American Airlines (“American”) pilots. (Doc. 13.) A hearing is set on that motion for May 14, 2013.
 
338.1

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Don Addington; et al.,
Plaintiffs,
vs.
US Airline Pilots Ass’n, et al.,
Defendants.
No. CV-13-00471-PHX-ROS
RULE 65(a)(2) MOTION TO
CONSOLIDATE THE
PRELIMINARY INJUNCTION
HEARING WITH TRIAL ON THE
MERITS
Plaintiffs Addington, et al., (the “West Pilots”) move for the Court to consolidate
the preliminary injunction hearing, set for May 14, 2013, with trial on the merits. This
motion is supported by the Memorandum of Points and authorities that follows.
Dated this 8th day of May, 2013.
POLSINELLI PC
/s/ Andrew S. Jacob
By _______________________________
Marty Harper
Andrew S. Jacob
Jennifer Axel
Attorneys for Plaintiffs



Case 2:13-cv-00471-ROS Document 60 Filed 05/08/13 Page 1 of 3

MEMORANDUM OF POINTS AND AUTHORITIES
Plaintiff West Pilots’ claims are (1) that Defendant US Airline Pilots Association
(“USAPA”) breached its duty of fair representation (“DFR”) by making a contract, the
Memorandum of Understanding (“MOU”), that abandons the Nicolau Award without a
legitimate purpose; and (2) that Defendant US Airways (“Airways”) shares liability with
USAPA because it agreed to abandon the Nicolau Award, knowing this was a DFR
breach for USAPA. The West Pilots have a pending motion for a preliminary injunction
that would compel USAPA and Airways to use the Nicolau Award in the process of
integrating seniority with the American Airlines (“American”) pilots. (Doc. 13.) A
hearing is set on that motion for May 14, 2013.

Judge Silver next Tuesday. "So, then why did you vote FOR the MOU?"

Greeter
 
"Their point of contention has been law not facts". west, SAY WHAT?


Given that the parties have been litigating these issues for nearly five full years and
that their points of contention have always been focused on issues of law, not fact, there is little basis by which USAPA or Airways can argue that they would be prejudiced by
the sua sponte entry of summary judgment if, indeed, the Court finds the absence of a
showing of material factual issues here. In conclusion, therefore, the West Pilots ask the
Court to consolidate the trial on the merits with the preliminary injunction hearing and
enter summary judgment in their favor if the Court makes such a finding.1
Dated this 8th day of May, 2013.
POLSINELLI PC
/s/ Andrew S. Jacob
By _______________________________
Marty Harper
Andrew S. Jacob
Jennifer Axel
Attorneys for Plaintiffs
May 8, 2013
 
Judge Silver next Tuesday. "So, then why did you vote FOR the MOU?"

Greeter

"Your honor, we liked the pay raise provision..."

"How much did you like that provision?"

"A whole F-ing lot.. Please forgive my childish elation your honor."

"Certainly, everyone likes a pay raise. How much extra money are you receiving?"

"None your honor."

"And why is that?"

"The benefits of the MOU are not in effect and are contigent."

"Is the alleged harm not the same?"
 
snapthis: I remember hostages being held for 444 days by "angry students" in Tehran. I've been held hostage by angry FO's in Charlotte and by Ayatollah Bradford for 1846 days.

Let's just wait til Tuesday to find out.

Fair enough. Let's also wait to see if you're ever safely rescued from being a "hostage" in Iran....? That must truly be brutal, and I can reasonably assume that, although President Reagan knew nothing of your nic plight...that all of America's still waiting to see you and your mighty "spartans" freed and unharmed! :)

No apologies whatsoever. You mighty "spartans" unfailingly provide perpetual laughter hereabouts...but don't you awesome AWA "heroes" ever get tired of your infantile BS? It just amazes me, but does provide for a fully dependable, daily laugh. :)
 
Dave, do you not want your 2001 DOH in the AMR merger? Or do you simply seek a "leg up?" You are my age. I am guessing leg up. You need it.

As to our dispute, there are really only two parties. The rest are interlopers.

Greeter

Mark;
I wasn't hired in 2001. We don't need help. All you've offered is persecution, flim-flamery, obstacles & delay. EVERY US Airways pilot will have suffered financially for USAPA's mis-steps and mis-deeds overall.

Your word in an agreed upon process, the law, common sense, ethics, & morals should make for a very simple and quick conclusion.

Hang on, this is going to happen pretty quick (IMHO).

CB
 
Sarcasm,

"Youse judges should not use the issue of law in your court."

west, your legal effort is running on only one Axel.



"Given that the parties have been litigating these issues for nearly five full years and that their points of contention have always been focused on issues of law, not fact, .........

Dated this 8th day of May, 2013.
POLSINELLI PC
/s/ Andrew S. Jacob
By _______________________________
Marty Harper
Andrew S. Jacob
Jennifer Axel
Attorneys for Plaintiffs"
 
All you've offered is persecution, ...

Criminy! What a whiny little baby! We've not so much as even put you on the rack yet! :) You wouldn't , by any chance, also be currently held as a hostage in Iran, along with snap? ;)

Ya' know? For mighty "spartans", "knights who've fought with valor in many battles"/etc ad nauseum...You're apparently; really nothing more than a buncha' drama-queen, little pussies. :)
 
"Your honor, we liked the pay raise provision..."

"How much did you like that provision?"

"A whole F-ing lot.. Please forgive my childish elation your honor."

"Certainly, everyone likes a pay raise. How much extra money are you receiving?"

"None your honor."

"And why is that?"

"The benefits of the MOU are not in effect and are contigent."

"Is the alleged harm not the same?"
You don't think she's smart enough to fashion an injunction contingent upon the POR?

This isn't the mentally stunted Lee Seham $how. Watch and learn.
 
While the merger has been positioned by leaders of US Airways and American Airlines as a blending of “complementary” route structures with only 12 overlapping non-stop routes, the CTA study shows that the AA/USAir merger will, in fact, eliminate connecting-flight competition between these airlines on routes between more than 760 markets.

http://www.traveldai...ys-merger-could
 
APA doesn't want you senior to their W/B Captains.

But..The APA will necessarily want each and every little Mesa/AWA "spartan" to instantly be made "captains" over their own people?....I see jake. Who could argue with the "wisdom" in that? :)

Sigh! Perhaps you should just become an heroic "knight" of AOL, who's "fought with valor in many battles", LT Hardy, and go present their/your case to the lesser human beings at AMR yourself. Let us all know just how well you're received. ;)
 
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