cactiboss

Do you understand that the DJ has nothing to do with our dfr claim and the refilling of addington?

ackattacker

Back up a moment. You are the one who just said, and I quote:

You are trying to claim that DFR1 is a legal precedent and can be used in future court cases.

Now, either your claim is true or it is not. Which is it? Was DFR "quoted" and "evidence from it included" in the DJ?

cactiboss

Two separate cases, addington is quoted because it wasn't dismissed with prejudice, only ripeness and the facts got a conviction (9th refused to look at facts). The DJ is a suit filed by the company asking what the companies responsibility is, not the unions. The DJ used evidence from addington but Silver reversed herself saying the 9ths ruling precluded her from making a ruling on DJ.

Carl Spackler

I certainly don't know every detail of these proceedings, but a "conviction" means being found guilty of a crime. Who was found guilty of a crime here?

Carl

ackattacker

I'm starting to realize we are missing some of the key required elements of a constructive conversation.

Who quoted Addington 1, and where, specifically?

I'll ask a third time... is DFR 1 legal precedent?

cactiboss

http://leonidas.cactuspilots.us/Decl...c193_Order.pdf

Yes it is, so much so that Silver specifically mentions the 9ths ruling as a reason she could not resolve the case. Any case reviewed by federal appeals courts and ruled upon become legal precedents btw.
From Silver:
In the end, the Court cannot provide as much guidance as it had hoped it could.
21 Pursuant to the Ninth Circuit’s decision, any claim for breach of the duty of fair
22 representation will not be ripe until a collective bargaining agreement is finalized. Addington
23 v. U.S. Airline Pilots Ass’n, 606 F.3d 1174, 1181-82 (9th Cir. 2010

Carl Spackler

Since Cactiboss doesn't want to answer, can any other Cactipersons tell me whether anybody has been "convicted" of anything in these proceedings?

Carl

R57 relay

No, I thought it was like ackattacher said, that there would have to be a whole new trial. But again, I'm not an attorney.

If that's the case, it's over right? The facts are pretty much the same, AOL says it's now ripe. So, will you be filing in court tomorrow for that? That will take care of the whole thing!

Where do you get "saying the 9ths ruling precluded her from making a ruling on DJ." She did and indeed rule.
JUDGMENT
Pursuant to the Court’s resolution of the motions for summary judgment,
IT IS ORDERED Counts I and III of the complaint are dismissed and judgment is
entered in favor of US Airline Pilots Association on Count II of the complaint. US Airline
Pilots Association’s seniority proposal does not breach its duty of fair representation
provided it is supported by a legitimate union purpose.
DATED this 11th day of October, 2012.

cactiboss

The facts remain the same, the case would have to be refilled but the entire docket could be imported and then it would be up to the judge wether or not a SJ could be issued. Unlike the east fantasy that addington just disappeared it just isn't so. We will file at POR, the demand letters were to give the parties a chance to do right thing before we haul everybody into court.

PS Silver had no issue with importing the entire addington docket into her courtroom

cactiboss

This filing includes a letter from the company to nmb. This letter got usapa indefinitely parked.

http://leonidas.cactuspilots.us/9th_...o_Expedite.pdf