cleardirect
Veteran
- May 24, 2008
- 6,234
- 9,749
- Banned
- #31
Last week there was a discussion about the RICO suit filed against 18 individual west pilots. Why had that suit continued and why was USAPA being so aggressive in pursuing the case? These are updates from the USAPA web site. USAPA’s own words. Some east pilots for whatever reason chose to accept USAPA at face value instead of looking at the facts themselves.
These are the charges. The entire amended complaint is available on USAPA litigation library doc 39 June 13,2008. Read the whole thing. Then read the doc’s 78 June 24, 2008 that is the motion to dismiss. Doc 97 July 11, 2008 the judge’s ruling dismissing the case. Read for yourselves if USAPA was truthful with you about why this case was dismissed. The technical reason the case was dismissed was because it came nowhere near meeting any legal standard. That is why it was dismissed with prejudice.
USAPA said that the reason they filed was to make the activity stop not to punish individuals. If that is the case why on July 13 and July 30 did USAPA say that it has “significantly dropped off†and “the criminal activity has ceased.†Why file a 70 page appeal if the activity has stopped? Ask your leadership what the document cost? Figure somewhere between $500-$700 per page as an estimate. Do the math on all the paper filed so far in the four law suits involving USAPA.
Now go and read the appeal filed on November 7. Compare that appeal to the original complaint. Very little mention of any of the original†criminal activityâ€. What Seham did mention was the Nicolau award 18 times. What does the Nicolau award have to do with extortion and RICO? The answer would be that is the true reason that USAPA filed the suit. To intimidate individual west pilots.
It is now December 16 the response to the appeals were filed November 24. Why are those documents not on the litigation library for you to read? If USAPA is being open and honest why are they not there?
If the appeal is dismissed what was the point of this entire exercise? To intimidate west pilots? To waste union funds? To get Seham and his firm a couple hundred thousand dollars? Ask what it did not do. Did it create unity among the pilot groups? Did it show that the east leadership was really conceded about representing the west? Some have said that they what to be repaid for the “damagesâ€. Read the complaint. The “damages asked for are almost $5 million dollars from each individual. Somewher over $90 million total. A bit excessive I would say.
Next is the issue of the “low cost deal†This deal involved falsely testifying against the others and paying anywhere between $1000 and $1500 for the people that made phone calls. Again a bit excessive for a phone call. According to the LM-2 filing in September the cost for phone service was $5000 per month. I would assume that is a negotiated flat fee for all phone service. Not a per call basis. So what additional cost did USAPA incur? None. Get the facts, stop blindly following a group that is leading you down the road to nowhere.
These are the charges. The entire amended complaint is available on USAPA litigation library doc 39 June 13,2008. Read the whole thing. Then read the doc’s 78 June 24, 2008 that is the motion to dismiss. Doc 97 July 11, 2008 the judge’s ruling dismissing the case. Read for yourselves if USAPA was truthful with you about why this case was dismissed. The technical reason the case was dismissed was because it came nowhere near meeting any legal standard. That is why it was dismissed with prejudice.
USAPA said that the reason they filed was to make the activity stop not to punish individuals. If that is the case why on July 13 and July 30 did USAPA say that it has “significantly dropped off†and “the criminal activity has ceased.†Why file a 70 page appeal if the activity has stopped? Ask your leadership what the document cost? Figure somewhere between $500-$700 per page as an estimate. Do the math on all the paper filed so far in the four law suits involving USAPA.
Now go and read the appeal filed on November 7. Compare that appeal to the original complaint. Very little mention of any of the original†criminal activityâ€. What Seham did mention was the Nicolau award 18 times. What does the Nicolau award have to do with extortion and RICO? The answer would be that is the true reason that USAPA filed the suit. To intimidate individual west pilots.
It is now December 16 the response to the appeals were filed November 24. Why are those documents not on the litigation library for you to read? If USAPA is being open and honest why are they not there?
If the appeal is dismissed what was the point of this entire exercise? To intimidate west pilots? To waste union funds? To get Seham and his firm a couple hundred thousand dollars? Ask what it did not do. Did it create unity among the pilot groups? Did it show that the east leadership was really conceded about representing the west? Some have said that they what to be repaid for the “damagesâ€. Read the complaint. The “damages asked for are almost $5 million dollars from each individual. Somewher over $90 million total. A bit excessive I would say.
Next is the issue of the “low cost deal†This deal involved falsely testifying against the others and paying anywhere between $1000 and $1500 for the people that made phone calls. Again a bit excessive for a phone call. According to the LM-2 filing in September the cost for phone service was $5000 per month. I would assume that is a negotiated flat fee for all phone service. Not a per call basis. So what additional cost did USAPA incur? None. Get the facts, stop blindly following a group that is leading you down the road to nowhere.
President’s Message
Sunday, July 13, 2008
USAPA must now determine whether to appeal the district court’s decision and/or file a complaint “in the appropriate state court.†The Association’s decision – and the pace at which any future litigation proceeds – will be heavily influenced both by the level of criminal sabotage activity and the defendants’ commitment to refrain from such activity in the future. USAPA is happy to report that the weeks following the filing of the lawsuit saw a significant drop off in telephonic and electronic sabotage. Unfortunately to date, the defendants have uniformly declined to make a binding commitment to refrain from the use of criminal and otherwise unlawful tactics in the future.
DCA Base meeting update July 30, 2008
The lawsuit against the illegal attacks on USAPA was mentioned next. The lawsuit was well thought out and is only to protect the pilot group not to harm individuals. USAPA was the victim of criminal activity. The group called AWAPA has publically announced their intent to destroy us. A Federal court dismissed our current court action on a technicality related to jurisdiction but in the meantime, the criminal activity has ceased. Legal counsel believes that there are grounds for an appeal, and the BPR will be taking this up in their next scheduled meeting.