Upgrades are coming...slowly now but guys are still moving up....how bout you....you moving up??....didn't think so!!
I wish there was a solution but if this drags on another 1-2 years, lookout....mass retirements start kicking in ....the attitude will be well....we
waited this long what's another 2-3 years. Another 600 captain upgrades on the East and about 20 on the West.
You think you are grinding your teeth now!!!!
VNIIMN
NPJB
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Good Afternoon Fellow West Pilots,
On Monday, Dr. Andy Jacob filed our response to USAPAs Emergency Motion to stay the district courts comprehensive injunction. Typical of Dr. Jacobs writing, he quickly deconstructs the oppositions arguments and then uses those same arguments to illuminate the oppositions true motives. The same panel of judges who have our case Judges Graeber, Bybee and Tashima - will also review USAPAs motion for the emergency stay and our response. We cant say how the panel will handle this motion; they might respond with a denial or they might not respond at all. Remember that USAPA has already asked for the 9th Circuit to stay Judge Wakes injunction, and the only response was that they would take up the matter at the oral arguments. Then at the oral arguments in December, Seham asked about the stay as the panel was adjourning and Judge Tashima answered Sehams question with a question: Did you ask the district court for a stay? In other words, yes you did and what was the answer there? Since the oral arguments we have heard nothing from the 9th on USAPAs original motion to stay the injunction. The silence is deafening.
Now USAPA is again trying to get Judge Wakes injunction removed and we all know why. But what makes this emergency motion so delicious is the obvious procedural error committed by USAPAs counsel. Dr. Jacob concisely explains this error in the second half of his response and there is no need to even summarize what he said. All one has to do is read the response and it is clear. We will only point out that the mistake is egregious every first year law student knows that appellate courts cannot hear new evidence first. For USAPAs counsel to come before the 9th Circuit claiming to have new evidence (one of which was a Ted Reed article!) without first going to Judge Wake is . . . amazing. Just as in commercial aviation, the law has well defined procedures for handling a myriad of situations. New evidence is a common occurrence and the proper procedure is known by anyone in the legal profession, from the newest law clerk to the most seasoned attorney, without even referencing the Federal Rules of Civil Procedure or the Federal Rules of Appellate Procedure (two very big books). The mistake here is not unlike a commercial pilot claiming that they didnt know they needed a take off clearance before taking off. Or, you just tell the feds that you knew it and did it anyway. Just think how either of those would go over with the FAA.
Since merger discussions are officially terminated, one can only be amused by USAPA's fire drill. USAPA has essentially gone to the 9th asking for a "get out of jail free" card to be able to violate the injunction issued by Judge Wake, and it was all for naught. If there was any doubt at the 9th as to USAPA's true motivations, the events of the last two weeks easily remove that doubt. Once again, all thanks go to the USAPA braintrust.
Sincerely,
Leonidas, LLC
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usapa, clearly, mowery and the rest of the usapa clowns makes my up and coming damages trial so much easier.
Again, thank you usapa clowns and espescially the founding legal coucil, lee seham, because without you this would not have come forward in such clear light of usapa's intent to do harm to west pilots in front of now 4 federal judges and a jury of nine.
