August 2013 Pilot Discussion
- Thread starter Falcon
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I will take that tissue now!, AWE you guys crack me up, even my granddaughter got a good laugh!
Indeed sir. Thank the Lord we can laugh at all this nonsense. 🙂 I'd have to say that my all-time-favorite first line from any book ever was: "He was born with a gift of laughter and a sense that the world was mad."
nycbusdriver
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I'm sure there will be plenty of new material next week. It will be about loss and grief.
Tissue?
Yeah. Like we haven't heard that from you nitwits a gazillion times before in the last 6 years.
And it always seems to be "next week."
Ho hum.
traderjake
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Hey Jake! Lighten up on the comic book attacks!....Umm...Well...I'll confess to still having a complete collection of Howard the Duck, which was an enjoyable, guilty pleasures and chuckles legacy from my next-to-eldest in the Field. Held in trust, of course, until his current deployment's over and he relocates to more at least semi-permanent digs. God Willing. Ok, Ok...so all personal credibility, if ever even at all ever present, is now fully forfeited. That's understandable, but I had to be honest with you there. So don' be dissin' on comic books! 😉
PS: All Prayers for our wonderful young people in harm's way are much appreciated. It's sometimes more than a little frustrating to be long outta' the business and be allowed to do nothing more than that nowadays.
snapthis
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If he's talking about the Pythagorean theorem as it relates to USAPA constructing it's case it will probably look like this.....
If he's talking about the Pythagorean theorem as it relates to USAPA constructing it's case it will probably look like this.....
Sigh!...Yeah, yeah: "This is sparta!/I'll let the courts do my talking for me!" and You'se just LOVE lawyers and worship management...or is that worship lawyers and LOVE management? No matter. We know already. How truly impressive from supposed "pilots". 😉 I'd best exit, as I'm not in any mood to indulge precocious and spoiled little children at present.
snapthis
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Once again, we see the delay strategy.
I think the company wants a sick note.
Case No. 2:13-cv-00471-ROS
INTERVENOR US AIRWAYS, INC.’S OPPOSITION TO USAPA’S MOTION TO CONTINUE TRIAL DATE (DOC. NO. 221)
Case 2:13-cv-00471-ROS Document 223 Filed 10/16/13 Page 2 of 5
This is the sixth time in the course of this lawsuit that defendant US Airline Pilots Association ("USAPA") has attempted to avoid or delay resolution of the Plaintiffs’ claims on the merits.1 As was the case for its five prior attempts, and for the following reasons, USAPA’s pending Motion To Continue Trial Date (Doc. No. 221) should be denied.
First, as this Court recognized in granting US Airways’ motion for intervention, "US Airways has a ‘significant protectable interest’ in the timely resolution of the seniority dispute [and] the failure to resolve the seniority dispute in a timely manner may ‘impair or impede’ US Airways’ interest by frustrating the expected realization of ‘the operational and financial benefits from the combined pilot workforce.’" (September 18, 2013 Order (Doc. No. 194) at 4:3-6.) USAPA’s motion, if granted, would create a strong possibility that the long-running seniority dispute between the West Pilots and USAPA will not be resolved in a sufficiently timely manner, because USAPA cannot guarantee when President Hummel will be cleared by his doctor to travel to Phoenix and to
participate in a trial – USAPA can only say that it will be no sooner than December 2, 2013. (See Doc. No. 221, at 4:28-5:1 (all citations herein are to internal, not ECF, pagination).) Thus, USAPA’s assertion that, even with its requested continuance, "the
trial herein can still occur prior to the time that judgment in the DOJ Antitrust Action enters" (id. at 5:1-2) is sheer speculation. And if USAPA’s prediction turns out wrong and President Hummel is not able to participate at trial in December, then USAPA’s continuance request could result in delaying resolution of the seniority dispute until after the DOJ Action is completed and this, in turn, would impair US Airways’ significant protectable interest in expeditiously realizing the operational and financial benefits from a combined pilot workforce.
Second, USAPA’s request for a delay in order to ensure the availability of a "key" trial witness (Doc. No. 221, at 1:3) is inconsistent with its motion for summary judgment wherein USAPA stated that "the record demonstrates no genuine dispute as to any material fact." (Doc. No. 211, at 1:8-9.) Given this assertion, it is not credible for USAPA now to claim that President Hummel’s testimony "is necessary for the Court to have a complete understanding of the facts regarding . . . whether USAPA breached its DFR by entering into an MOU that does not require USAPA use the Nicolau Award in the McCaskill-Bond process." (Doc. No. 221, at 4:9-12.)
Third, regardless of the necessity and/or the permissibility of President Hummel’s testimony, the trial can and should proceed as scheduled on October 22 and 23, 2013. The parties can use the two days that are already on-calendar to address the issues that would otherwise have been addressed in a final pre-trial conference, to present opening statements, and to take the testimony of all other witnesses and enter exhibits. This work needs to be done – and there is no good reason not to do this work now. If the Court determines, based on USAPA’s and the Plaintiffs’ briefing on the pending motion for continuance and/or the testimony presented at trial, that President Hummel’s testimony is both permissible and necessary, then the lawyers could travel to where he lives and additional testimony could be taken from President Hummel via deposition and submitted to the Court after the October 22-23 trial. If, on the other hand, the Court were to agree with Plaintiffs that President Hummel’s testimony is neither necessary nor permissible, then the record could be closed on October 23, none of the parties would have suffered
any prejudice, and resolution of the seniority dispute will no longer present an obstacle to the airlines’ prompt realization of the benefits of the merger.
US Airways wishes President Hummel a speedy and successful recovery, but his current situation provides no basis for abandoning the October 22-23, 2013 trial dates that are already on-calendar.
CONCLUSION
For the foregoing reasons, USAPA’s Motion To Continue Trial Date should be denied.Dated: October 16, 2013.
I think the company wants a sick note.
Case No. 2:13-cv-00471-ROS
INTERVENOR US AIRWAYS, INC.’S OPPOSITION TO USAPA’S MOTION TO CONTINUE TRIAL DATE (DOC. NO. 221)
Case 2:13-cv-00471-ROS Document 223 Filed 10/16/13 Page 2 of 5
This is the sixth time in the course of this lawsuit that defendant US Airline Pilots Association ("USAPA") has attempted to avoid or delay resolution of the Plaintiffs’ claims on the merits.1 As was the case for its five prior attempts, and for the following reasons, USAPA’s pending Motion To Continue Trial Date (Doc. No. 221) should be denied.
First, as this Court recognized in granting US Airways’ motion for intervention, "US Airways has a ‘significant protectable interest’ in the timely resolution of the seniority dispute [and] the failure to resolve the seniority dispute in a timely manner may ‘impair or impede’ US Airways’ interest by frustrating the expected realization of ‘the operational and financial benefits from the combined pilot workforce.’" (September 18, 2013 Order (Doc. No. 194) at 4:3-6.) USAPA’s motion, if granted, would create a strong possibility that the long-running seniority dispute between the West Pilots and USAPA will not be resolved in a sufficiently timely manner, because USAPA cannot guarantee when President Hummel will be cleared by his doctor to travel to Phoenix and to
participate in a trial – USAPA can only say that it will be no sooner than December 2, 2013. (See Doc. No. 221, at 4:28-5:1 (all citations herein are to internal, not ECF, pagination).) Thus, USAPA’s assertion that, even with its requested continuance, "the
trial herein can still occur prior to the time that judgment in the DOJ Antitrust Action enters" (id. at 5:1-2) is sheer speculation. And if USAPA’s prediction turns out wrong and President Hummel is not able to participate at trial in December, then USAPA’s continuance request could result in delaying resolution of the seniority dispute until after the DOJ Action is completed and this, in turn, would impair US Airways’ significant protectable interest in expeditiously realizing the operational and financial benefits from a combined pilot workforce.
Second, USAPA’s request for a delay in order to ensure the availability of a "key" trial witness (Doc. No. 221, at 1:3) is inconsistent with its motion for summary judgment wherein USAPA stated that "the record demonstrates no genuine dispute as to any material fact." (Doc. No. 211, at 1:8-9.) Given this assertion, it is not credible for USAPA now to claim that President Hummel’s testimony "is necessary for the Court to have a complete understanding of the facts regarding . . . whether USAPA breached its DFR by entering into an MOU that does not require USAPA use the Nicolau Award in the McCaskill-Bond process." (Doc. No. 221, at 4:9-12.)
Third, regardless of the necessity and/or the permissibility of President Hummel’s testimony, the trial can and should proceed as scheduled on October 22 and 23, 2013. The parties can use the two days that are already on-calendar to address the issues that would otherwise have been addressed in a final pre-trial conference, to present opening statements, and to take the testimony of all other witnesses and enter exhibits. This work needs to be done – and there is no good reason not to do this work now. If the Court determines, based on USAPA’s and the Plaintiffs’ briefing on the pending motion for continuance and/or the testimony presented at trial, that President Hummel’s testimony is both permissible and necessary, then the lawyers could travel to where he lives and additional testimony could be taken from President Hummel via deposition and submitted to the Court after the October 22-23 trial. If, on the other hand, the Court were to agree with Plaintiffs that President Hummel’s testimony is neither necessary nor permissible, then the record could be closed on October 23, none of the parties would have suffered
any prejudice, and resolution of the seniority dispute will no longer present an obstacle to the airlines’ prompt realization of the benefits of the merger.
US Airways wishes President Hummel a speedy and successful recovery, but his current situation provides no basis for abandoning the October 22-23, 2013 trial dates that are already on-calendar.
CONCLUSION
For the foregoing reasons, USAPA’s Motion To Continue Trial Date should be denied.Dated: October 16, 2013.
snapthis
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How's your week going? It's just fine in Sparta. I see your Usapians trying to avoid their date next week.
Cough, cough 😉
Mine could be better. I've now got two back into the F'ng sandbox. if I could have ANY wish right now, it would be to replace at least one of them myself. While fine and strong young men...those are after all "my babies". "It's just fine in Sparta." Well...Goody, Goody for you, mighty "spartan hero". Get lost, you "cute", prissy little beyotch.
Enough of my TMI/personal issues. Have a fine evening All.
PS: Prayers for those serving us aren't ever any waste.
And they filed it all by themselves. Nic4US had a bird.
Read it and weep Snapper.
LCC makes it perfectly clear what Silver is dealing with.
And the 9th if she doesn't.
Reed Richards
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You are a real horse's ass. Am I to believe Gary underwent a bypass procedure in order to delay the trial? You are as bad as the CLT reps, trying to get him out office while he was still in the ICU. RR
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