http://cactus18.typepad.com/the_cactus_18/files/USAPAcomplaint.pdf- 14 - Case 3:08-cv-00246-GCM Document 1 Filed 05/30/2008 Page 17 of 52telephone number from his cellular telephone between April 19, 2008 and May 1, 2008. Upon information and belief, Cundari’s cellular telephone carrier is Verizon Wireless and his cell phone number is (602) 510-7650.57. Upon information and belief, defendant Auxier made 45 telephone calls, for a total of 160 minutes, to the USAPA toll-free telephone number from telephone number (505) 710-4970. Auxier made 33 of the 45 calls between May 1 and May 7, 2008.58. Defendant Auxier’s postings on the AWAPPA Web Board end with the message, “Have you called 877-678-7272 25 times today???”59. Upon information and belief, defendant Narloch made 30 telephone calls, for a total of 228 minutes, to the USAPA toll-free telephone number from telephone number (480) 946-2757. Narloch made 21 of the 30 calls between April 25 and April 30, 2008.60. Upon information and belief, on April 30, 2008, defendant Hannah made 65 telephone calls, for a total of 227 minutes, to the USAPA toll-free telephone number from telephone number (480) 814-7772.61. Upon information and belief, defendant Maree made 28 telephone calls, for a total of 153 minutes, to the USAPA toll-free telephone number from telephone number (480) 816-6127. Maree made 24 of the 28 calls on April 25, 2008.62. Upon information and belief, on or about May 6, 2008, AWAPPA legal counsel Jeffrey Freund posted the following warning to former America West pilots on the AWAPPA Web Board:While it is our goal to allow all America West pilots to access these forums for the purpose of unrestricted sharing of information and- 15 - Case 3:08-cv-00246-GCM Document 1 Filed 05/30/2008 Page 18 of 52opinions, it is important to remember that these forums are owned and operated by a private corporation that can be liable for things that take place here. That liability obligates us to maintain some degree of decorum. If we are negligent in that responsibility, we open ourselves up to litigation from the company and/or other pilots.63. A pilot identified as “CJ” posted the following message on the AWAPPA Web Board, in agreement with Attorney Jeffrey Freund’s warning:All this talk of dialing USAPA over and over and other threads could be problematic for AWAPPA if USAPA or the company become aggressive.64. However, in response to the above posting by “CJ,” defendant Vasin, a director of AWAPPA, ratified the acts of telephone sabotage by posting a message on the AWAPPA Web Board in which he stated, “No, it's ok to talk about dialing USAPA over and over .” Upon information and belief, the jeering face at the end of defendant Vasin’s message reflects the malicious intent of his directive to AWAPPA supporters.65. AWAPPA is continuing to promote the above-described acts of telephone sabotage. On May 21, 2008, USAPA published an update message to its members, which stated, “recent news is also available on the USAPA phone message updated every few days. The news is out there; reach out and grab it!” Upon information and belief, in response to that May 21st message, defendant Braid posted the following message on the AWAPPA Web Board:Look they said it again. Call often to stay informed. Reach out and call from every pay phone you see. What is the ambulance chaser talking about? Acts of sabotage. They said to call.66. In addition to the above-described sabotage of USAPA’s toll-free information line, hundreds of false telephone calls have also been made to the USAPA Safety Hotline in order to sabotage that vital union service.
