USAPA files rgency Order with the Ninth Circuit Court of Appeals because US Airways is "suddenly and currently the subject of intensive (merger) negotiations" with United Airlines
(ii) The facts showing the existence and nature of the emergency are:
A corporate merger between US Airways, Inc., employer of the pilots Appellant represents, and United Airlines, Inc., whose pilots are represented by another union, is suddenly and currently the subject of intensive negotiations between these two major airlines and their unions, and has reached a critical stage.
Continued corporate and labor negotiations for a merger are impeded, however, by uncertainty regarding pilot labor integration issues resulting from the District Court’s injunction in this case and pendency of this appeal. This has been identified as one of the principal obstacles to a major corporate merger. Appellant is subject to a non-disclosure agreement but news media reports (attached hereto as exhibits A, B and C) substantiate the same, specifically that labor issues are the obstacle.
The possibility of such a corporate merger was a contingency identified by Appellant to the District Court on a motion to stay both the litigation and the injunction on July 23, 2009 (Doc. # 596). The District Court denied this motion in its entirety on August 28, 2009 (Doc. # 610). Subsequently, the District Court partially reversed itself by granting a conditional stay on February 12, 2010 (Doc. # 637), but declined to stay the injunction (attached hereto as exhibit D). Before that, Appellant had identified the possibility of a corporate merger to the District Court as a ground for finding a lack of ripeness (no jurisdiction) but the District Court has consistently rejected this.
A subsequent motion by Appellant to stay both litigation and injunction made to this Court on August 28, 2009 (Dk. # 7044031) was referred to the merits panel for a decision on November 18, 2009 (Dk. # 7135030). It has not been acted upon to date.
This case, however, was ordered for expedited treatment on August 4, 2009 (Dk. # 7014854). All briefs were submitted and argument was heard on December 8, 2009, before a panel consisting of the Honorable Judges Tashima, Graber, and Bybee. No decision has issued to date.
A present emergency results from the fact that the pending injunction will prevent a corporate merger that would create an airline capable of competing with the recent Delta/Northwest combination and thus thwart economic benefits and preservation of jobs that might accrue to the corporations and employees, including Appellees.
All arguments made in Appellants’ pending motion for a stay (Dk. # 7044031) are hereby incorporated (a copy is attached as exhibit E).
Appellant respectfully requests that this Court STAY all district court proceedings and the permanent injunction.
(iii) Counsel for the other parties were notified and served as indicated:
Lead counsel for Plaintiffs-Respondent, Marty Harper, was notified in person by telephone and email from Appellant’s counsel, Nick Granath, on April 15, 2010 prior to filing. A courtesy copy of this motion was provided to counsel by electronic transmission.
Date: April 14, 2010
Respectfully submitted,
/s/ Nicholas Paul Granath, Esq.
Seham, Seham, Meltz & Petersen, LLP
Nicholas Granath, Esq. ngranath@ssmplaw.com 2915 Wayzata Blvd. Minneapolis, MN 55405 Tel. (612) 341-9080 (cell 612 210-846) Fax (612) 341-9079
Lee Seham, Esq. Lucas K. Middlebrook, Esq. Stanley J. Silverstone, Esq. 445 Hamilton Avenue, Suite 1204 White Plains, New York 10601 Tel. (914) 997-1346 Fax (914) 997-7125
Attorneys for Defendant-Appellant US Airline Pilots Association (USAPA)
