Case 2:13-cv-00471-ROS Document 332 Filed 09/21/15
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
REQUEST FOR JUDICIAL NOTICE
REGARDING REPLIES IN SUPPORT
OF MOTION FOR RULE 25(C)
JOINDER OF ALLIED PILOTS
ASSOCIATION (APA) AND FOR
ISSUANCE OF PERMANENT
INJUNCTION
Plaintiffs respectfully request that this Court take judicial notice of (1) the
Prehearing Position Statement of the US Airways (East) Seniority Integration Committee
dated September 19, 2015; (2) the Memorandum Opinion and Order dated September 28,
2011 granting US Airways request for an injunction against USAPA in US Airways v.
USAPA, 3:11-cv-371RJCDCK (Western District of North Carolina); and (3) the
June 13, 2014 Order denying USAPAs Motion to Vacate the September 28, 2011
injunction in US Airways v. USAPA, 3:11-cv-371RJCDCK (Western District of North
Carolina).
Plaintiffs submit that these three documents are pertinent to their Motion for
Rule 25 Joinder and for Issuance of Permanent Injunction [Doc. 317] and the parties
responses and arguments as follows:
(1) Predictably, in the Prehearing Position Statement of the US Airways (East)
Seniority Integration Committee, the East Pilots, via their representatives at APA, have
disregarded the Ninth Circuits opinion and repudiated the Nicolau Award. (See Ex. 1,
excerpt of the Prehearing Position Statement of the US Airways (East) Seniority
Integration Committee dated September 19, 2015, at pages 46-53.1)
(2) Contrary to US Airways objection here to a broad injunction consistent with
Rule 65, in the Memorandum Opinion and Order dated September 28, 2011 granting US
Airways request for an injunction against USAPA in US Airways v. USAPA, 3:11-cv-
371RJCDCK, Judge Robert Conrad granted US Airways request for an injunction that
applied to USAPA and its members, agents, and employees, and all persons and
organizations acting by, in concert with, through, or under it, or by and through its
order (See Ex. 2, excerpt of Memorandum Opinion and Order dated September 28,
2011 in US Airways v. USAPA, 3:11-cv-371RJCDCK (Western District of North
Carolina.)
(3) The June 13, 2014 Order denying USAPAs Motion to Vacate the
September 28, 2011 injunction in US Airways v. USAPA, 3:11-cv-371RJCDCK, which
issued after the MOU was signed and just prior to the commencement of the SLI process
demonstrates that, regardless what label may apply to the East Pilots, injunction language
is broad enough to continue to apply to them.
Respectfully submitted this 21st day of September, 2015.
/s/ Kelly J. Flood _____________
Marty Harper