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Old 09-04-2016, 05:26 AM
  #1951  
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Originally Posted by PurpleTurtle
No court has ever required anyone to use the Nic. Never.

If any court had indeed required the Nic to be used by anybody for anything, then it would have been used. They never did, and they never will. Any pleadings to the court to force use of the Nic would be a waste of money, but I fully expect there will be some lawyers (Summit law school graduates) convincing some Westies to waste more money very soon.
Your wrong, the 9th ordered usapa to use the Nic. (Have east and west in Nicolau order) in their sli proposal.
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Old 09-04-2016, 05:29 AM
  #1952  
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Originally Posted by esadof
Just to emphasize, had usapa stayed in the sli as was their duty, they would only bring 2 lists to the party, Nic and LAA. Again, your theory they MUST start from 3 lists holds no water.

The BOA does not live in the Leonidas Land of "IFs".

The BOA lives in the land of reality, the reality of contracts and status quo. Protocol Agreement.. Dec 2013.. Three committees.. Three lists.

It's not complicated unless you are too emotional to be objective.
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Old 09-04-2016, 05:36 AM
  #1953  
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Originally Posted by PurpleTurtle
The BOA does not live in the Leonidas Land of "IFs".

The BOA lives in the land of reality, the reality of contracts and status quo. Protocol Agreement.. Dec 2013.. Three committees.. Three lists.

It's not complicated unless you are too emotional to be objective.
And the 9th ordered only 2 lists be brought by usapa, a signatory to the PA, are you to dumb to understand that simple ruling?
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Old 09-04-2016, 05:37 AM
  #1954  
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Originally Posted by esadof
Your wrong, the 9th ordered usapa to use the Nic. (Have east and west in Nicolau order) in their sli proposal.
A careful reading of the 9th would show that they did not order anyone to use the Nic.

They placed an **injunction** on USAPA. An **injunction** does not require anyone to do anything. The 9th did not order USAPA to do anything.

The status quo was three committees and three lists. It's not complicated.
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Old 09-04-2016, 05:44 AM
  #1955  
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Originally Posted by esadof
And the 9th ordered only 2 lists be brought by usapa, a signatory to the PA, are you to dumb to understand that simple ruling?

The 9th did not order USAPA to do anything at all. The court placed a contingent restriction upon USAPA if they chose to continue participating in the MB arbitration. USAPA chose not to continue participating in MB, and thus the 9th injunction became moot.

The only thing of relevance left from the 9th was the specific opinion that the BOA was free to ignore the Nic.

Status quo. Three committees. Three lists. It's not complicated.
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Old 09-04-2016, 05:55 AM
  #1956  
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Originally Posted by PurpleTurtle
The 9th did not order USAPA to do anything at all. The court placed a contingent restriction upon USAPA if they chose to continue participating in the MB arbitration. USAPA chose not to continue participating in MB, and thus the 9th injunction became moot.

The only thing of relevance left from the 9th was the specific opinion that the BOA was free to ignore the Nic.

Status quo. Three committees. Three lists. It's not complicated.
So the DFR of preventing the Nic be triggered by jcba never happened? An injunction, is an order. Usapa was ordered to only present the Nic. in sli. The arbs are fully aware that usapa changed their name again to avoid the 9th's ruling. Like I said its up to the BOA to decide wether or not it's appropriate to reward the east pilots for what they have done.
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Old 09-04-2016, 06:01 AM
  #1957  
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Originally Posted by esadof
Usapa was ordered to only present the Nic. in sli.
That was their punishment for what the 9th saw as it's breach of it's DFR. But they also said that even without that breach, the Nic might not have seen the light of day and refused to order it's use.

Do you really think the courts didn't think USAPA would just pull out? Silver saw them do it and still didn't do anything about it.

You have a history of getting locked on a notion only to find out it was wrong. I don't know if you will be wrong this time, we'll see soon.
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Old 09-04-2016, 06:06 AM
  #1958  
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Originally Posted by esadof
So the DFR of preventing the Nic be triggered by jcba never happened? An injunction, is an order. Usapa was ordered to only present the Nic. in sli. The arbs are fully aware that usapa changed their name again to avoid the 9th's ruling. Like I said its up to the BOA to decide wether or not it's appropriate to reward the east pilots for what they have done.
The DFR was real. The trial is over. USAPA permanently withdrew.

The BOA is integrating the status quo. Three lists. Three committees. No injunction on any committee. No injunction on the BOA. The courts are not putting a thumb on the BOA scale. It's not complicated! It just isn't.
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Old 09-04-2016, 06:09 AM
  #1959  
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Originally Posted by esadof
Like I said its up to the BOA to decide wether or not it's appropriate to reward the east pilots for what they have done.
Or to put it another way, it's up to the BOA to complete the do-over that you agreed to in the MOU.
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Old 09-04-2016, 06:23 AM
  #1960  
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Originally Posted by R57 relay
Or to put it another way, it's up to the BOA to complete the do-over that you agreed to in the MOU.
We didn't agree to it, usapa did and it was a dfr.
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