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April/May 2013 Pilot Discussion

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Bill Brasky: It's pretty stupid to keep trying to pass yourself off as someone you aren't. Pretty childish. Really does show a major lack of integrity.

Integrity paragon, no... But smart enough not to stay on furlough!

That unfortunate individual clearly suffers from deeper issues. In a perfect world; some honest sympathy and understanding would be more of an appropriate response...of course; this ain't no perfect world, and lying/conniving types are difficult to do that with, regardless of their presumed, past emotional injuries, as is most often the case, or whatever life history that fostered the behavior as can be imagined. Whatever irritation such indiviuals can offer others...well...you wouldn't want to trade lives with them. They're not a happy lot. That behavior generally first manifests in the teen years, and can cripple people for life, if not dealt with.
 
April 04, 2013

Leonidas Update

Yesterday, West pilots’ legal counsel Marty Harper and Jennifer Axel, on behalf of Leonidas, LLC, participated in a telephone conference scheduled by Judge Sean Lane, who is the Federal Bankruptcy Judge overseeing the AMR bankruptcy. The purpose of the call was originally set as a scheduling conference and it turned into a discussion of the glaring defects in USAPA’s lawsuit against Leonidas, LLC, (as later amended to include the nine West pilot plaintiffs), which it filed last month in the AMR Bankruptcy case. Also on the call were attorneys representing AMR and the Unsecured Creditors Committee (UCC). USAPA apparently had a bankruptcy attorney on the call, rather than the regular counsel USAPA pilots have come to expect. Each party had an opportunity to speak.

USAPA's “Complaint for Declaratory and Injunctive Relief” alleged West Pilot interference with the American/US Airways Merger (and in effect, the AMR bankruptcy). Really, this is another example of USAPA’s effort to drive up the legal costs and prevent West pilots from litigating our claim to the Nicolau Award any further. All parties - except USAPA - agreed with the salient positions outlined in Marty Harper’s letters to USAPA General Counsel Pat Syzmanski [March 26 MH Letter, March 27 USAPA Letter, March 28 MH letter]: (1) West pilots are not seeking to stop the merger; and (2) USAPA simply lacks standing to assert any claims in AMR's bankruptcy. The discussion therefore centered on how best to extinguish USAPA’s complaint. Unfortunately, USAPA would not voluntarily dismiss the case so an idea was floated to all parties that perhaps USAPA and the West Pilots would enter a joint stipulation with Judge Lane’s Court whereby both parties would agree to not interfere with the AMR bankruptcy. It appears as though AMR attorneys, an actual party that has standing in Judge Lane’s Court (unlike USAPA that doesn’t have standing), offered to draft the stipulation, so we are awaiting their proposal.

Nonetheless, we are a bit perplexed how Leonidas, LLC, the West class representatives, or USAPA can even stipulate to something in a court in which no party has any real standing. Regardless, we will go on record saying that we will work constructively with Judge Lane’s Court to bring the East-West seniority dispute to a conclusion in the venue that is proper – the Arizona Federal District Court. All parties - except USAPA - recognized this yesterday. Furthermore, it is clear from recent developments that our claim is ripe; even under the Tashima standard. USAPA itself argued to Judge Lane that the East-West seniority dispute is a matter that needs to be adjudicated now, to which the AMR and UCC attorneys agreed.

What is really happening here is that events are unfolding amidst this US-AMR merger such that the proverbial elephant can’t be ignored any longer; there will be no more kicking the can. A Duty of Fair Representation suit can only be heard in Federal Court, and that is exactly where our DFR case is now – in the Arizona Federal District Court. Of course, none of this would be necessary if US Airways would simply recognize that the Nicolau is the US Airways seniority list. It is because of their feigned neutrality that we are still dealing with this issue six years later.

Resolution to the East-West seniority dispute is really quite simple: (1) take the Nicolau; or (2) wait for a federal court to adjudicate the West DFR. Right now it appears that the second option is how this will proceed. So be it.

Once again, we thank you for your financial support. Remember, Leonidas, LLC will again publish a list of its strongest contributors soon. It is not too late to be recognized for your commitment to our common cause.

Sincerely,

Leonidas, LLC
 
So, minus your worthless legal opinion, it went pretty much as the USAPA email said. I don't see anyone getting slammed except for the west lawyers, who now have to reply to a stipulation from the court. Wow, a huge legal victory, AOL! If that's your idea of win, you may as well just make Marty a primary on your bank account.

Oh, and before you start accusing people of wasting money, remember it's your lawyers that keep filing the unripe cases. That's a real waste of cash for everyone.

By the way, this has already been adjudicated and AOL lost. USAPA is free to negotiate and present any list they choose. So says the Ninth Circuit and Judge Silver.
 
Resolution to the East-West seniority dispute is really quite simple: (1) take the Nicolau; or (2) wait for a federal court to adjudicate the West DFR. Right now it appears that the second option is how this will proceed. So be it.

Once again, we thank you for your financial support. Remember, Leonidas, LLC will again publish a list of its strongest contributors soon. It is not too late to be recognized for your commitment to our common cause.

Translation: We still can't actually find any way to make it happen but Waah!...Gimme my nic!.....or we'll sue everybody everywhere! Keep the cash coming in kids! We really need it!

Well...That's all something new and exciting. In fairness; "strongest contributors" does have a tough-guy-spartan ring to it. 😉
 
So, minus your worthless legal opinion, it went pretty much as the USAPA email said. I don't see anyone getting slammed except for the west lawyers, who now have to reply to a stipulation from the court. Wow, a huge legal victory, AOL! If that's your idea of win, you may as well just make Marty a primary on your bank account.

Oh, and before you start accusing people of wasting money, remember it's your lawyers that keep filing the unripe cases. That's a real waste of cash for everyone.

By the way, this has already been adjudicated and AOL lost. USAPA is free to negotiate and present any list they choose. So says the Ninth Circuit and Judge Silver.
Like I said. The victory is uncontested evidence of ripeness. Also, LIKE I SAID your side is too stupid to recognize it.
 
Like I said. The victory is uncontested evidence of ripeness. Also, LIKE I SAID your side is too stupid to recognize it.

You're right. At least I'm apparently "too stupid to recognize it." Kindly explain how this grand "victory" has provided any "uncontested evidence of ripeness."...?
 
I confessed to being "too stupid to recognize it." Are you too stupid to explain it? 🙂
No. But like most things here its just a waste of time. You guys refuse to believe Jury verdicts for Gods sake. Among the variety of reasons this was Already ripe, you can now add to the fact that lack of resolution is interfering with the merger. Of course everybody but your fake scab union inherently understands this fact. Thanks for bringing that one up USTUPID. How many holes can one blast in their feet before you have no feet?
 
I confessed to being "too stupid to recognize it." Are you too stupid to explain it?

No. But like most things here its just a waste of time. You guys refuse to believe Jury verdicts for Gods sake. Among the variety of reasons this was Already ripe, you can now add to the fact that lack of resolution is interfering with the merger. Of course everybody but your fake scab union inherently understands this fact. Thanks for bringing that one up USTUPID. How many holes can one blast in their feet before you have no feet?

You could have just answered Yes and saved yourself a mindless, meandering ramble. 🙂
 
So, minus your worthless legal opinion, it went pretty much as the USAPA email said. I don't see anyone getting slammed except for the west lawyers, who now have to reply to a stipulation from the court. Wow, a huge legal victory, AOL! If that's your idea of win, you may as well just make Marty a primary on your bank account.

Oh, and before you start accusing people of wasting money, remember it's your lawyers that keep filing the unripe cases. That's a real waste of cash for everyone.

By the way, this has already been adjudicated and AOL lost. USAPA is free to negotiate and present any list they choose. So says the Ninth Circuit and Judge Silver.
I am not sure who is more ignorant on the east. The lawyers for usapa, usapa the client or the RTB east pilots like you.

Wait for the transcripts to learn the truth.

Judge Lane asked usapa to drop their case and usapa refused. So he did it for them. Get your facts right. It was AMR and the UCC that asked for the stipulation. As much to restricy usapa as anything. To keep usapa from appealing or further interfering with the BK case. The creditors or AMR were not worried about the west. But they see they have a problem with usapa.

usapa has no standing in the BK court. usapa is not a creditor in the AMR BK. Take you worthless case and go away.

usapa won nothing from this case and now usapa is on the radar of the UCC, AMR and the APA. Read the letter exchange between Marty and Shamanski. Marty asked Shamanski to drop the case. Then he pointed out why legally usapa was going to lose. I guess you just can't help some people.

BTW is this "win" what usapa was looking for when they filed this case and spend 10's of thousand of dollars trying to stop the west and get the Arizona case transfered to NY? You do know that usapa asked judge Lane to transfer the case right? Lane denied that motion.

usapa's case was supposed to be the first to file, stop the west from filing our DFR case, and silence the west. Instead usapa now looks foolish, has proven they can't read and are really the only group causing problems.

Sure usapa can present any list they want. As long as they also present an LUP which usapa does not have. You also forget that usapa can present any list they want but that does not mean that anyone will accept or agree to it.

usapa lost in NY no way to spin that. usapa plans were shot down with the west not even having to file paperwork. A simple phone call explaining just how stupid and irrational usapa is and judge Lane understood. Where was the phone call from Shamanski to Marty? Professional, responsible lawyers would pick up the phone and ask a simple question if they did not understand something or thought there might be legal problems. Respectable lawyers don't file law suits first, receive a letter explaining why the law suit will fail yet continue to court and lose; all the while running up the bill knowing that the gravy train will soon end.

The days of usapa are numbered and so are the days of east pilots being in control and the ability to do stupid things.

PS. If the case in Arizona is not ripe why did usapa ask for that case to be moved to NY? Why not just tell the NY judge the case in Arizona is not ripe don't worry about it? Have you read the companies response?
 
You're a westie recalled to the east. So when the lists are combined, you'll go just before the furloughees that didn't take a recall.

Hey BB, who gave you the authority to decide anything that has to do with seniority.

The courts will make that decision.
 
Any of you RTB east pilots care to explain what usapa won in the NY court? This is what usapa asked for. Did they get anything they asked?

Being dismissed is not a win. usapa having to stipulate that they will not interfere with the BK case is not a win. Getting the west to agree to not do something we never intended to do is not a win.

The Arizona case is going forward. That was the entire point of filing the NY action to stop the west and it failed miserably. But now the other players in this little drama know exactly who and what usapa is.


REQUEST FOR RELIEF

WHEREFORE, USAPA prays that this Court:
1. Grant judgment in favor of USAPA and (1) declare that Leonidas and the Nine
Pilot Plaintiffs have impermissibly interfered with the Bankruptcy Court’s jurisdiction and
mandate; (2) declare that the threatened action to enjoin the Merger and the subsequently filed
Arizona Action violate the automatic stay embodied in 11 U.S.C. § 362(a)(3); (3) preliminarily
and permanently enjoin Defendants from interfering with the Bankruptcy Court’s jurisdiction
over the Debtors’ chapter 11 cases and the Merger by threatening to enjoin the Merger, by
prosecuting the claims asserted in the Arizona Action, threatening to file a temporary restraining
order, prosecuting a motion for a preliminary injunction, or taking any other such action that
interferes with the Merger; and (4) extend the automatic stay, to the extent necessary.
2. Award USAPA the costs it incurs in pursuing this case, including its attorneys’
fees; and
3. Award such other relief as the Court deems just and proper.

1-1 NO!
1-2 NO!
1-3 NO1
1-4 NO!
2 NO!
3 NO!
 
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