"USAPA UPDATE
Today, United States District Judge Conrad issued a preliminary injunction in the consolidated
Bollmeier / DJ Action matter pending in the United States District Court for the Western District of North Carolina, Charlotte Division. Judge Conrad’s order grants, in part, the
Bollmeier plaintiffs’ request that USAPA be enjoined from certain activities. At the hearing on June 30th the Judge instructed the parties to meet and confer to determine proposed temporary restraints upon which they could agree. In light of the Ninth Circuit’s ruling USAPA agreed that it would not spend any more money on merger or seniority related matters and that it would not dissolve without prior written notice to the Plaintiffs and approval by the court. The
Bollmeier Plaintiffs sought a much broader set of temporary and preliminary restraints, however, including requests for the Court to enjoin USAPA from expending any funds for any reason, enjoining it from sharing any merger committee “work product”, and an “independent” accounting for all funds expended. Judge Conrad declined the
Bollmeier Plaintiffs’ request for very broad restraints, specifically noting that the injunction he issued “would not make it impossible for USAPA to continue to operate” (
Doc. 75, at 11).
While we are, of course, disappointed that the Court did not dismiss the case at this juncture, we are gratified that it did not grant Plaintiffs the sweeping injunctive relief that they sought. Rather, the Court granted the injunction along the lines of the restraint USAPA had indicated it viewed as consistent with the Ninth Circuit’s ruling and USAPA’s withdrawal from the McCaskill-Bond seniority list integration process."
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