2015 Pilot Discussion.

[Phoenix]

1/2 a truth is still a LIE. An unchanged, unfettered Nicolau Seniority List IS the compromise. We don't negotiate with terrorists, liars, or thieves. See you children at the SLI table. We just can't wait to see what kind of a CONCOCTION "the Jess" is going to be.

Your lawyers are derelict for failing to tell you that you have been legally forced to be negotiating any change to the current contractual seniority (all because ALPA F-ed it up).

Your Nic or nothing bargaining position, and your unending threats, lawsuits, booyas, and nah nah nah nas, have been eclipsed by your new binding contracts, denial notwithstanding.

 

[Claxon]

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
ENERGEX ENTERPRISES, INC., a
Colorado corporation; and BRAD GEUKE,
an individual,
Plaintiffs,
vs.
SHUGHART, THOMSON & KILROY,
P.C., a Missouri professional corporation
d/b/a SHUGHART THOMSON KILROY
GOODWIN RAUP; and, MARTY
HARPER, EDWARD R. GLADY, JR.,
VICTORIA STEVENS, and KELLY
FLOOD, individuals, and BLACK &
WHITE CORPORATIONS I-X; and JOHN
DOES I-X and JANE DOES I-X,
Defendants.
NO. CIV-04-1367 PHX ROS
OPINION AND ORDER
SHUGHART, THOMSON & KILROY,
P.C., a Missouri professional corporation
d/b/a SHUGHART THOMSON KILROY
GOODWIN RAUP,
Counterclaimant,
vs.
ENERGEX ENTERPRISES, INC., a
Colorado corporation,
Counterdefendant.


Court will address at the Final Pretrial Conference.
Accordingly,

IT IS ORDERED that Defendants' Motion for Partial Summary Judgment (Doc. #64)
is DENIED.

IT IS FURTHER ORDERED that Defendants' Motion for Judgment on the Pleadings
(Doc. #85) is GRANTED.

IT IS FURTHER ORDERED that Plaintiffs' Motion to Strike (Doc. #87) is DENIED.

IT IS FURTHER ORDERED Plaintiffs' Motion for Permission to Conduct Trial
Testimony Depositions in Lieu of Live Trial Testimony is DENIED. (Doc. 89)

IT IS FURTHER ORDERED Defendants' Motion in Limine (Doc. 86) is DENIED.

IT IS FURTHER ORDERED that the Parties are to file their Joint Proposed Pretrial
Order, all Motions in Limine, Joint Statement of the Case, Joint Jury Instructions, Verdict Forms,
and Stipulated Voir Dire Questions by October 11, 2006.

IT IS FURTHER ORDERED the Final Pretrial Conference is set for November 9, 2006
at 1:30 P.M..

IT IS FURTHER ORDERED trial is set for November 14, 2006 at 9 a.m.
DATED this 17th day of August, 2006.

DATED this 17th day of August, 2006.


Roslyn O. Silver
United States District Judge

 

[Claxon]

WO

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
ENERGEX ENTERPRISES, INC., a
Colorado corporation; and BRAD GEUKE,
an individual,
Plaintiffs,
vs.
SHUGHART, THOMSON & KILROY,
P.C., a Missouri professional corporation
d/b/a SHUGHART THOMSON KILROY
GOODWIN RAUP; and, MARTY
HARPER, EDWARD R. GLADY, JR.,
VICTORIA STEVENS, and KELLY
FLOOD, individuals, and BLACK &
WHITE CORPORATIONS I-X; and JOHN
DOES I-X and JANE DOES I-X,
Defendants.
NO. CIV-04-1367 PHX ROS
OPINION AND ORDER
SHUGHART, THOMSON & KILROY,
P.C., a Missouri professional corporation
d/b/a SHUGHART THOMSON KILROY
GOODWIN RAUP,
Counterclaimant,
vs.
ENERGEX ENTERPRISES, INC., a
Colorado corporation,
Counterdefendant.


Court will address at the Final Pretrial Conference.
Accordingly,

IT IS ORDERED that Defendants' Motion for Partial Summary Judgment (Doc. #64)
is DENIED.

IT IS FURTHER ORDERED that Defendants' Motion for Judgment on the Pleadings
(Doc. #85) is GRANTED.

IT IS FURTHER ORDERED that Plaintiffs' Motion to Strike (Doc. #87) is DENIED.

IT IS FURTHER ORDERED Plaintiffs' Motion for Permission to Conduct Trial
Testimony Depositions in Lieu of Live Trial Testimony is DENIED. (Doc. 89)

IT IS FURTHER ORDERED Defendants' Motion in Limine (Doc. 86) is DENIED.

IT IS FURTHER ORDERED that the Parties are to file their Joint Proposed Pretrial
Order, all Motions in Limine, Joint Statement of the Case, Joint Jury Instructions, Verdict Forms,
and Stipulated Voir Dire Questions by October 11, 2006.

IT IS FURTHER ORDERED the Final Pretrial Conference is set for November 9, 2006
at 1:30 P.M..

IT IS FURTHER ORDERED trial is set for November 14, 2006 at 9 a.m.
DATED this 17th day of August, 2006.

DATED this 17th day of August, 2006.


Roslyn O. Silver
United States District Judge

 

[Claxon]

Speaking of transparency, why has it taken so long for east grievance chair Ciabattoni to release the 3% loss? The decision was rendered months ago. He has used Hummels law firm pal to do work, and another deal goes down. Ciabattoni flushed millions of profit sharing in the west hands all the while the west was campaigning against pay parity. He did that as a PHL rep. God help the MDA pilots when he takes their plea to the APA. There are no grievance wins coming from him whatsoever.

 

[Claxon]

The carrier published a “rollcall” for the hubs, identifying the strengths that airport brings to the network as a whole. And it is somewhat telling with respect to the value the company sees in each hub.

Only Philadelphia, Miami and Charlotte are explicitly identified as connecting points for international partners.

The split across LGA/JFK is acknowledged and that can create some issues for connecting passengers, but that’s why Philly, Miami, Charlotte, Chicago and Dallas are seen as great connecting gateways.

And then there’s Phoenix. Not only does it get the shortest description, but also perhaps the saddest.

Connects customers from coast to coast and to leisure destinations in North America.
So, not a huge O/D market and not a lot of business travelers. That rarely bodes well for yields. Sure, the airline needs capacity to push connecting leisure passengers through, too. But if that can be consolidated elsewhere then the role of Phoenix can be usurped pretty quickly. And for coast-to-coast travel American already identified ORD and DFW as alternatives. Those are alternates which can also offer international feed. Phoenix is in the wrong location and wrong climate to be a great base for intercontinental service so that’s not likely to go so well.

At this point it is hard to believe that Phoenix has a long life ahead as a hub. Maybe a few years into the merger to get through the integration and shake out the rest of things before cuts like that get made. And maybe it does survive, growing as a connection point for some traffic which cannot get in to LAX because of capacity constraints. But that doesn’t seem too likely to me. Especially not when this is the best they can come up with for why it is a useful operation.

 

[Claxon]

I can recommend a good realtor. 😉

Looks like you better line him/ her up before the rest of the gang.

 

[Claxon]

Phoenix/PHX: Connects customers from coast to coast and to leisure destinations in North America

I think American is being incredibly honest with the above descriptions, which says a lot. From my perspective:

· Charlotte will primarily be a domestic hub and probably continue to lose international service, which will likely be transferred over to Miami instead, allowing more connections to Latin America
· Washington is all about origin & destination traffic, as its a big enough (and profitable enough) market to sustain service
· Dallas will continue to be the center of Americans route network, and well continue to see international expansion there, especially to Asia
· New York is a huge origin & destination market, and will likely see less connecting traffic, which will instead go through Philadelphia (which is operationally a more reliable airport)
· Los Angeles is a confusing market for American, and they dont really know what they want they should be focusing mostly on serving the local market, though theyre unnecessarily trying to add service from there to markets in which they simply cant compete (ie Atlanta)
· Miami, after Dallas, is probably the second strongest part of Americans network, given their strength in Latin America
· Chicago probably wont see much change I wouldnt expect much growth, but I also wouldnt expect it to lose much traffic
· Philadelphia will likely become the premium east coast hub for international travel, as its a much more reliable airport than JFK to route people through
And that leaves us with Phoenix, which will be to American as Cleveland was to United. Its pretty telling that American isnt even trying to pretend that Phoenix has a future at the new American.

 

[cactusboy53]

USAPA Legal Update
Legal Update On Identity Theft Investigation
As we explained in a previous update, a special legal petition was filed in Texas State Court for the purpose of requesting a court order directing Leonidas LLC founder Eric Ferguson to appear for a deposition related to the investigation into the disclosure of confidential, personal data of individual East pilots.
Yesterday, June 2, 2011, in Denton, Texas, Judge Margaret Barnes conducted an evidentiary hearing and listened to oral argument in order to determine whether to grant the request to take Mr. Ferguson's pre-suit deposition. The hearing lasted approximately an hour and a half. The only witness to appear and present testimony in the hearing was Captain Randy Mowrey. Captain Mowrey was on the witness stand for approximately 45 minutes, during which the history of and the investigation into the data disclosure was laid out in detail to Judge Barnes on direct examination, and a number of documentary exhibits were admitted into the record.
Mr. Ferguson did not appear for the hearing, but was represented by Andrew Jacob of Polsinelli Shughart -- the same attorney that conducted oral argument at the Ninth Circuit during the Addington litigation. Mr. Jacob's cross-examination of Captain Mowrey failed to refute any of the facts surrounding the data breach, which were clearly presented to the Court during Captain Mowrey's direct examination. To the contrary, the cross-examination actually elicited testimony from Captain Mowrey that reinforced the severity of the data breach and the need for the court-ordered pre-suit deposition.
At the conclusion of the hearing, Judge Barnes ruled immediately from the bench and ordered that a deposition of Mr. Ferguson be taken forthwith along with document production. This proceeding is not a lawsuit against Mr. Ferguson; rather it is a pre-suit deposition and its purpose is investigatory only. A deposition of Mr. Ferguson is to be completed by the end of next week.
USAPA Legal

Gear up, FO MUT.

 

[traderjake]

That's Mutt Mutt.

 

[CactusPilot1]

Your lawyers are derelict for failing to tell you that you have been legally forced to be negotiating any change to the current contractual seniority (all because ALPA F-ed it up).

Your Nic or nothing bargaining position, and your unending threats, lawsuits, booyas, and nah nah nah nas, have been eclipsed by your new binding contracts, denial notwithstanding.

I'm not Nic or nothing.
 
Tell Mark King and Dean 10h C  to kiss every West pilots' a$$. I don't give a crap about your 17-year pilot who was not on this property in 2005. Your 17-year pilot was junior at acquired airways and the rest furloughed before Parker came to the rescue and made your payroll.
 
 
Nicolau certainly got it wrong when he placed our #1 pilot more than 500 numbers down on the seniority list. Hopefully, arbitration will produce a fairer result this time.
 
 

 

[Phoenix]

I'm not Nic or nothing.
 
Tell Mark King and Dean 10h C  to kiss every West pilots' a$$. I don't give a crap about your 17-year pilot who was not on this property in 2005. Your 17-year pilot was junior at acquired airways and the rest furloughed before Parker came to the rescue and made your payroll.
 
 
Nicolau certainly got it wrong when he placed our #1 pilot more than 500 numbers down on the seniority list. Hopefully, arbitration will produce a fairer result this time.

If you want a fair result tell your committee.

Arbitration is not necessary unless the committees can't act like grown ups.

 

[luvthe9]

The AAA pilots brought 2/3 of the jobs to the merger, 75% of the future attrition and 100% of the premium paying jobs, yet in the middle of 2027 there are only 5 of the top 100 pilots on the merged list from the former AAA list. That is, "our attrition





"All the agreements you sight were negotiated and or ratified by the AAA pilots for one reason; so that our company would survive. We did it so we could live to fight another day, so that in the future we could reap the rewards of our sacrifice. None of us did it so that we could take the job of an AWA pilot. Now most of us have made that sacrifice in vain. Mr. Nicolau transferred the vast majority of the benefits of those sacrifices to the AWA pilots"





Be glad you were not sold off.

 

[cactusboy53]

Phoenix writes:  "If you want a fair result tell your committee.  Arbitration is not necessary unless the committees can't act like grown ups."
 
So when a party shows up to a mediation, then an arbitration and (paraphrasing) says:  "It's DATE OF HIRE or else (with reasonable conditions and restrictions, of course)!!!!".....you would consider that fair and acting like grown-ups?  Versus the other party showing up and arguing a logical case for relative seniority?
 
When that party gets all upset about the result of that mutually agreed upon process and steps away from the negotiation process, is that the act of "grown-ups"?
 
Just trying to get an understanding of your statements.  Double standards?
 
Dave

 

[cactusboy53]

Luvr said:  "...be glad you weren't sold off."
 
Be glad that we were reasonable and logical at the AWA / AAA SLI ARBITRATION to ask for relative seniority.  Be glad that Mr. Parker saw the wisdom of saving US Air before it was liquidated.  Be glad that you got the job back that you had no chance of returning to had AWA Holdings not acquired US Air.  Come to think of it, you have a lot to be thankful for Luvr.  Your entitlement attitude and revisionist history is blocking your view and reason.
 
Dave

 

[luvthe9]

Sorry no NIC.......Wye River!