USAPA Update on Addington II
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Created on Wednesday, 10 April 2013 11:20
On April 8, the plaintiffs in Addington II filed a
motion claiming that USAPA was “in default” and that a judgment should be entered against USAPA granting the relief requested by the Plaintiffs, namely that the Nicolau List must be implemented. Addington II is the most recent attempt by several former America West pilots (the “Addington plaintiffs&rdquo
😉 to resurrect claims about the Nicolau List that were denied by Judge Silver late last year.
Yesterday (April 9), only a day after the request was filed, and even before USAPA was required to respond to the request, Senior Judge Rosenblatt of the United States District Court in Phoenix “summarily” denied the attempt by Plaintiffs to short-circuit the normal procedure and avoid consideration of the merits of their claims.
Click here to read the Court's Order.
Judge Rosenblatt denied the request for two reasons. First, he noted that “the motion is procedurally defective” because the Addington plaintiffs had “inexplicably failed to follow” the established procedure for obtaining a default judgment. Second, he found “the motion is improper because the Court concludes that USAPA is not in any case currently in default.” Additionally, he explained that USAPA had filed a motion on March 22 seeking an extension of time to answer or otherwise respond to the complaint, and that the “timely filing of that motion” delays any requirement for USAPA to respond to the complaint until the Court rules on the request for additional time.
Judge Rosenblatt’s decision on these points is consistent with the legal analysis of our lawyers which was based on the applicable rules and well established precedent. Our lawyers indicated immediately that the request by plaintiffs, suggesting that USAPA did not adequately defend itself, was a “stunt” that was completely without merit. Our counsel was preparing to oppose the request when the Court’s Order was issued, making that unnecessary.
The Court’s Order also granted USAPA’s motion for an extension of time to respond to the complaint in Addington II, which alleges that USAPA violated its DFR by negotiating and signing the MOU. USAPA’s answer is due on April 22. US Airways has already filed a motion to dismiss the complaint. USAPA plans to file its own motion to dismiss the complaint on multiple grounds.
We will continue to keep you informed as the case proceeds.
USAPA Communications