En Banc Denied!
#251
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
Looks like Judge Silver Means Business....
Subject: Activity in Case 2:13-cv-00471-ROS Addington et al v. US Airline Pilots Association et al Order
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U.S. District CourtDISTRICT OF ARIZONA
Notice of Electronic Filing
The following transaction was entered on 9/9/2015 at 4:08 PM MST and filed on 9/9/2015
Case Name: Addington et al v. US Airline Pilots Association et al
Case Number: 2:13-cv-00471-ROS
Filer:
Document Number: 321
Docket Text:
ORDER - ORDERED no later than 9/14/2015, USAPA and APA shall respond to [317] Motion for Permanent Injunction. FURTHER ORDERED no later than 9/16/2015, Plaintiffs shall file their reply. FURTHER ORDERED no later than 9/10/2015 Plaintiffs shall serve a copy of this Order on Allied Pilots Association. Signed by Senior Judge Roslyn O Silver on 9/9/2015. (TLB)
Subject: Activity in Case 2:13-cv-00471-ROS Addington et al v. US Airline Pilots Association et al Order
This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended.
***NOTE TO PUBLIC ACCESS USER******* Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply.
U.S. District CourtDISTRICT OF ARIZONA
Notice of Electronic Filing
The following transaction was entered on 9/9/2015 at 4:08 PM MST and filed on 9/9/2015
Case Name: Addington et al v. US Airline Pilots Association et al
Case Number: 2:13-cv-00471-ROS
Filer:
Document Number: 321
Docket Text:
ORDER - ORDERED no later than 9/14/2015, USAPA and APA shall respond to [317] Motion for Permanent Injunction. FURTHER ORDERED no later than 9/16/2015, Plaintiffs shall file their reply. FURTHER ORDERED no later than 9/10/2015 Plaintiffs shall serve a copy of this Order on Allied Pilots Association. Signed by Senior Judge Roslyn O Silver on 9/9/2015. (TLB)
#252
Gets Weekends Off
Joined APC: Dec 2014
Position: Captain B-737
Posts: 290
Whose paying the Pickleballers legal bills? How does the EPSIC plan to fund itself after the paltry 1.3 million, (whatever is left of it) is gone? I guess it doesn't really matter as I have every confidence that due to a very unpleasant meeting with Judge Silver, the EPSIC will walk out. Guaranteed. Sure sucks to be a third lister or Senior Eastie. They have no control or voice over what their self appointed committee does.
Do the former "officer" Defendants actually believe that these people are going to donate their hard earned money to bail them out of the multi-million dollar USAPA treasury shortfall that they Illegally spent and will be required to pay back? "Sorry for the complete failure of everything and getting you stapled without representation...but can you help a brother out?" LOL!
Maybe they shouldn't have looked the other way for so long in the hopes that USAPA would deliver the Screw job to the West they promised from day 1. NO ONE on the East ever challenged USAPA on any of their multitude of disgusting illegal acts.
Consequences. Can't avoid the Consequences. Oh well, Someday this airline will be theirs and they can enjoy advancement years from now after the West pilots are done with it. That's what USAPA said to the West, so obviously it goes both ways.
Do the former "officer" Defendants actually believe that these people are going to donate their hard earned money to bail them out of the multi-million dollar USAPA treasury shortfall that they Illegally spent and will be required to pay back? "Sorry for the complete failure of everything and getting you stapled without representation...but can you help a brother out?" LOL!
Maybe they shouldn't have looked the other way for so long in the hopes that USAPA would deliver the Screw job to the West they promised from day 1. NO ONE on the East ever challenged USAPA on any of their multitude of disgusting illegal acts.
Consequences. Can't avoid the Consequences. Oh well, Someday this airline will be theirs and they can enjoy advancement years from now after the West pilots are done with it. That's what USAPA said to the West, so obviously it goes both ways.
Last edited by EskimoJoe; 09-10-2015 at 09:46 AM.
#254
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
The speed that Judge Silver is working IS amazing.
1) The 9th's mandate issues to Judge Silver last Thursday September 3rd and a few hours later that day the clerk reopens the Addington III case.
2) West Class Plaintiffs file Motions and Exhibits on Friday September 4th (the beginning of a long holiday weekend).
3) Judge Silver's clerk calls West Class Attorney Marty Harper and asks to have multiple hard copies of West Class Plaintiffs' Motions and Exhibits delivered to the Courthouse on the morning of September 8th (the day after the end of a long holiday weekend).
4) Judge Silver issues here expedited briefing schedule at 4:08pm on September 9th.
That's Mandate to briefing Order in 6 days over a holiday weekend.
Judge Silver's Order:
5) Serve APA a copy of this order TODAY September 10th.
6) Both APA and USAPA Responses to Wet Class Plaintiffs' Motions due by Monday September 14th.
7) West Class Plaintiffs' Reply brief due by Wednesday September 16th
That's all less than two weeks after the mandate issued to Judge Silver from the 9th Circuit. That's gotta be a record in the annals of our litigation against usapa and the East Pilots.
1) The 9th's mandate issues to Judge Silver last Thursday September 3rd and a few hours later that day the clerk reopens the Addington III case.
2) West Class Plaintiffs file Motions and Exhibits on Friday September 4th (the beginning of a long holiday weekend).
3) Judge Silver's clerk calls West Class Attorney Marty Harper and asks to have multiple hard copies of West Class Plaintiffs' Motions and Exhibits delivered to the Courthouse on the morning of September 8th (the day after the end of a long holiday weekend).
4) Judge Silver issues here expedited briefing schedule at 4:08pm on September 9th.
That's Mandate to briefing Order in 6 days over a holiday weekend.
Judge Silver's Order:
5) Serve APA a copy of this order TODAY September 10th.
6) Both APA and USAPA Responses to Wet Class Plaintiffs' Motions due by Monday September 14th.
7) West Class Plaintiffs' Reply brief due by Wednesday September 16th
That's all less than two weeks after the mandate issued to Judge Silver from the 9th Circuit. That's gotta be a record in the annals of our litigation against usapa and the East Pilots.
#255
#256
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
After nearly ten years no one has been able to predict how it shakes out. The variables just keep multiplying. The MB Arbs are still focused on fair and equitable and the PA. Unless a judge dictates to them what is F&E, then I don't expect them to change their opinion about the timing or the result. YMMV.
#257
Gets Weekends Off
Joined APC: Nov 2011
Position: A320 Capt
Posts: 5,299
Whose paying the Pickleballers legal bills? How does the EPSIC plan to fund itself after the paltry 1.3 million, (whatever is left of it) is gone? I guess it doesn't really matter as I have every confidence that due to a very unpleasant meeting with Judge Silver, the EPSIC will walk out. Guaranteed. Sure sucks to be a third lister or Senior Eastie. They have no control or voice over what their self appointed committee does.
Do the former "officer" Defendants actually believe that these people are going to donate their hard earned money to bail them out of the multi-million dollar USAPA treasury shortfall that they Illegally spent and will be required to pay back? "Sorry for the complete failure of everything and getting you stapled without representation...but can you help a brother out?" LOL!
Maybe they shouldn't have looked the other way for so long in the hopes that USAPA would deliver the Screw job to the West they promised from day 1. NO ONE on the East ever challenged USAPA on any of their multitude of disgusting illegal acts.
Consequences. Can't avoid the Consequences. Oh well, Someday this airline will be theirs and they can enjoy advancement years from now after the West pilots are done with it. That's what USAPA said to the West, so obviously it goes both ways.
Do the former "officer" Defendants actually believe that these people are going to donate their hard earned money to bail them out of the multi-million dollar USAPA treasury shortfall that they Illegally spent and will be required to pay back? "Sorry for the complete failure of everything and getting you stapled without representation...but can you help a brother out?" LOL!
Maybe they shouldn't have looked the other way for so long in the hopes that USAPA would deliver the Screw job to the West they promised from day 1. NO ONE on the East ever challenged USAPA on any of their multitude of disgusting illegal acts.
Consequences. Can't avoid the Consequences. Oh well, Someday this airline will be theirs and they can enjoy advancement years from now after the West pilots are done with it. That's what USAPA said to the West, so obviously it goes both ways.
#258
Gets Weekends Off
Joined APC: Dec 2014
Position: Captain B-737
Posts: 290
After nearly ten years no one has been able to predict how it shakes out. The variables just keep multiplying. The MB Arbs are still focused on fair and equitable and the PA. Unless a judge dictates to them what is F&E, then I don't expect them to change their opinion about the timing or the result. YMMV.
#259
New Hire
Joined APC: Apr 2013
Posts: 5
Whose paying the Pickleballers legal bills? How does the EPSIC plan to fund itself after the paltry 1.3 million, (whatever is left of it) is gone? I guess it doesn't really matter as I have every confidence that due to a very unpleasant meeting with Judge Silver, the EPSIC will walk out. Guaranteed. Sure sucks to be a third lister or Senior Eastie. They have no control or voice over what their self appointed committee does.
Do the former "officer" Defendants actually believe that these people are going to donate their hard earned money to bail them out of the multi-million dollar USAPA treasury shortfall that they Illegally spent and will be required to pay back? "Sorry for the complete failure of everything and getting you stapled without representation...but can you help a brother out?" LOL!
Maybe they shouldn't have looked the other way for so long in the hopes that USAPA would deliver the Screw job to the West they promised from day 1. NO ONE on the East ever challenged USAPA on any of their multitude of disgusting illegal acts.
Consequences. Can't avoid the Consequences. Oh well, Someday this airline will be theirs and they can enjoy advancement years from now after the West pilots are done with it. That's what USAPA said to the West, so obviously it goes both ways.
Do the former "officer" Defendants actually believe that these people are going to donate their hard earned money to bail them out of the multi-million dollar USAPA treasury shortfall that they Illegally spent and will be required to pay back? "Sorry for the complete failure of everything and getting you stapled without representation...but can you help a brother out?" LOL!
Maybe they shouldn't have looked the other way for so long in the hopes that USAPA would deliver the Screw job to the West they promised from day 1. NO ONE on the East ever challenged USAPA on any of their multitude of disgusting illegal acts.
Consequences. Can't avoid the Consequences. Oh well, Someday this airline will be theirs and they can enjoy advancement years from now after the West pilots are done with it. That's what USAPA said to the West, so obviously it goes both ways.
#260
Banned
Joined APC: Jun 2008
Posts: 8,350
Clearly, this is timed to ensure questions regarding the which is in Silver's control are addressed prior to the next arbitration hearing schedule and likely early enough to allow all three committees to make any changes if they so desire to whatever new proposals they submit to the arbs in advance of that hearing. The same thing seemed to occur just prior to the last hearings with the 9th. This is understandable, considering the situation.
The question is what will result ?
Will Silver expand the 9th's ruling to require any East committee to advocate the Nic only ? Will she go even further and enjoin APA to require that of any East committee ? Will she go still further and require APA to validate the Nic itself ? If so, will APA seek any deliniation between requiring a two-list consideration (as opposed to three) as not the same as requiring the arbitrators craft any ISL on that two-list basis and also that if not, agreement that the arbs WOULD NOT be "reordering" the LUS list ?
Again, it's clear to me the West wants to ensure a situation is in place whereby only two lists are presented to the arbs and once they can do that, they can (and WILL) argue that it is improper to reorder ANY submitted list and that if they disregard their presented list, they must reorder the pre-merger LAA list, as well. This would essentially be indirectly strong-arming the arbitrators into the requirement to incorporate the pure Nic.
The ultimate goal is to not only get a full Nic victory from Silver NOW, but then use that to engineer a situation that pressures the arbitration panel to use it and alleging impropriety if they don't. This is simply a Leonidis sham in progress using a play from the old dog-eared USAPA playbook.
The question is what will result ?
Will Silver expand the 9th's ruling to require any East committee to advocate the Nic only ? Will she go even further and enjoin APA to require that of any East committee ? Will she go still further and require APA to validate the Nic itself ? If so, will APA seek any deliniation between requiring a two-list consideration (as opposed to three) as not the same as requiring the arbitrators craft any ISL on that two-list basis and also that if not, agreement that the arbs WOULD NOT be "reordering" the LUS list ?
Again, it's clear to me the West wants to ensure a situation is in place whereby only two lists are presented to the arbs and once they can do that, they can (and WILL) argue that it is improper to reorder ANY submitted list and that if they disregard their presented list, they must reorder the pre-merger LAA list, as well. This would essentially be indirectly strong-arming the arbitrators into the requirement to incorporate the pure Nic.
The ultimate goal is to not only get a full Nic victory from Silver NOW, but then use that to engineer a situation that pressures the arbitration panel to use it and alleging impropriety if they don't. This is simply a Leonidis sham in progress using a play from the old dog-eared USAPA playbook.
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