It is amazing that the West pilots claims of cowardice and integrity disadvantage of the East on a daily basis on this forum, you post one public record that is not an opinion but facts and this soils their reputation.
Part of the public record, click here.
Also part of the public record. I would attach the whole thing but can not figure how the file is to big. These are the fact. An appeal does not mean that the facts change. A federal judge in North Carolina dismissed these charges. You know that, you need to stop trying to make a case where there is no case. Face it USAPA made up a case with no facts, if they continue they will get spanked for it.
VII. CONCLUSION
The Plaintiff’s allegation that the Defendants’ purpose is to “destroy
USAPA†undermines the Plaintiff’s RICO claims in two respects. By
asserting that the Defendants’ goal is the destruction of the Plaintiff itself,
the Plaintiff fails to meet the continuity requirement of RICO and also
fails
to allege adequately an essential element of extortion, namely, that the
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Defendants seek to “obtain†the Plaintiff’s “property.†For these reasons,
the Court concludes that Counts One and Two of the Plaintiff’s Amended
Complaint fail to state a claim upon which relief can be granted, and
accordingly, these claims are dismissed. Because the federal claims
asserted by the Plaintiff have been dismissed, the Court declines to
exercise supplemental jurisdiction over the Plaintiff’s state-law claims
pursuant to 28 U.S.C. §1367©(3), and these claims are therefore
dismissed without prejudice. The Plaintiff’s request for leave to file its
proposed Second Amended Complaint is futile and therefore is denied.
Finally, the Plaintiff’s requests for a temporary restraining order and a
preliminary injunction are rendered moot by the dismissal of the Plaintiff’s
state-law claims, and for that reason are denied.
Accordingly, IT IS, THEREFORE, ORDERED that the Motion to
Dismiss of Defendants AWAPPA, McIlvenna, Vasin, Blandino, Ferguson,
Koontz, and Payne [Doc. 42] and the Motion to Dismiss by Individual
Defendants Eric Auxier, David Braid, Al Casby, Christopher Cundari, Larry
Diehl, Ron Gabaldon, Bruce A. Hannah, Keith Krueger, Robert J. Narloch,
Shawn Metzker, CJ Szmal, Kevin Steele, and Jack Tooke, and Joinder in
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pursua
Motion to Dismiss Filed by AWAPPA Defendants [Doc. 77] are GRANTED
to the extent that Counts One and Two of the Amended Complaint are
DISMISSED WITH PREJUDICEnt to Rules 12(B)(1) and 12(B)(6) of
the Federal Rules of Civil Procedure.
Because the federal claims asserted by the Plaintiff have been
dismissed, the Court declines to exercise supplemental jurisdiction over
the Plaintiff’s state-law claims (Counts Three through Eleven) pursuant to
28 U.S.C. §1367©(3), and accordingly, IT IS FURTHER ORDERED that
these claims are DISMISSED WITHOUT PREJUDICE.
