March 26, 2013
Leonidas Update
Today, attorneys for the West pilots filed a Motion for a Preliminary Injunction against USAPA in the Arizona Federal District Court. You can read the filings by clicking here and here. Additionally, this morning Marty Harper sent the following letter to USAPA. Finally, the West attorneys filed a Motion for Class Certification yesterday, which you can read here.
We strongly encourage all pilots to download and read these filings.
Sincerely,
Leonidas, LLC
Link to docs: http://www.cactuspilot.com/
Case 2:13-cv-00471-PGR Document 14 Filed 03/26/13
Excerpt:
103. In August 2007, West Pilots formed Leonidas, LLC, for the sole purpose of collecting voluntary West Pilot contributions to be used to defray the expense of defending the Nicolau Award in and out of litigation.111
104. On March 6, 2013, USAPA filed an adversary proceeding against Leonidas, LLC, (not these Plaintiffs or the West Pilot Class) in the AMR Chapter 11 proceedings in a flawed effort to deter the West Pilots from taking action here to compel USAPA to adhere to its duty.112
105. USAPA claims that Leonidas, LLC, is threatening litigation.113
106. Leonidas, LLC, has never been a party to litigation.114
107. Leonidas, LLC, has never sent a letter to USAPA, US Airways, APA, or their counsel.115
108. Leonidas, LLC, has never threatened to instigate any litigation itself.116
109. The Bankruptcy Court has scheduled a telephonic “CourtCall Telephonic Appearance” hearing for April 3, 2013, at 11:00 AM, to determine whether it is necessary for Leonidas, LLC, to file a motion to dismiss the adversary proceeding.1172840719.11
110. A preliminary hearing is scheduled for April 23, 2013, in New York. 118
111. APA, the union that will represent the US Airways pilots after the merger, recently stated that it “takes no position on the merits of the dispute between the former East and former West pilots” but “has no wish to inherit this dispute in the event of a merger and will push to have it resolved.”119
112. The MOU provides that any disputes over interpretation of its provisions shall be resolved by expedited arbitration between the parties. 120
113. The MOU provides that the first step in pilot seniority integration will be to make a “Protocol Agreement [that] will set forth the process and protocol for conducting negotiations and arbitration, if applicable, and will include a methodology for allocating the reimbursement provided for in Paragraph 7.”121
114. The MOU provides that a total sum of $5.5 million will be available to defray the expenses incurred by pilot merger representatives and unions.122
118 Id. at ¶ 14 [App. 423].