April/May 2013 Pilot Discussion

[Phoenix]

I'm venturing a guess here but it looks like Marty and Andy is fielding the third stringers now with Addington II. AwFOL is the only "party" driving the lawsuit and Ms. Axel is getting all "wrapped up around" the AwFOL "Axle". Spend less money and/or minimize their damages after giving the West pilots "advice" along with AwFOL to vote FOR the MOU to try to expedite ripeness. What a waste of time and effort. Here is the list of Managers/Members that continue to "enflame" and disenfranchise the rank and file. Attached is the "list" of corporate officers and members of AwFOL...you can't get it at the Cactuspilot.com website because they won't post it. Cowards. SYIC.

I am hoping that CactusPilot.org (oh wait, its cactus pilot.COM, a commercial venture)... I am hoping that they delay the big donors list announcement tomorrow so I can still have a chance to borrow money from my friends so I can donate, and thus avoid losing all my friends.

Maybe I could offer to help type or proof read the court docs in lieu of monetary donations? Or maybe..... I could type the April 11the list and get on it for free!!

 

[CaptChill]

You guys have boat loads of integrity but not a thimble of attention to detail.

Phoenix... I beg to disagree on the integrity part.. anyone who feels so "entitled" believing they deserve to go ahead of a 17 year, never furloughed pilot is lacking in the integrity department... IMHO

 

[88 B.T.D.]

Why don't you not pay and they will fire you?

Best money spent.

Or he could try to run for office again!

 

[mrbreeze]

USAPA Update on Addington II
Details
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

So Sheldon,

What do you think? How can you spin this one? Did Judge Rosenblatt get it wrong?

IMHO, it appears that your shyster attorney tried to "trick" the court and it's an indication of how desperate he must feel.

breeze

(oh, he logged off)

 

[crazystnic]

Glad that clear kept us all up to date on USAPA missed a filing... GMAFB.....
this will be sent back as not ripe in due time... No need to worry .....
time is on the East side.

 

[EastUS1]

IT IS ORDERED that Plaintiffs’ Motion for Entry of Default Judgment by the
Court Pursuant to Rule 55( B)(2) (Doc. 34) is denied

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.

Well....to be fair; anyone charging high ticket prices/donations to see a circus, must at least put on something in the way of an act. Heck...even P.T. Barnum did that.

 

[nycbusdriver]

Or he could try to run for office again!

Yeah, like the last time he lost and kept us all in blissful peace for at least 6 months while he brooded and sulked.

 

[EastUS1]

IT IS FURTHER ORDERED that all future documents filed in this action
must be captioned according to the party capitalization requirement of LRCiv
7.1(a)(3) (“Party names must be capitalized using proper upper and lower case

I'm venturing a guess here but it looks like Marty and Andy is fielding the third stringers now....

So it seems.

 

[Pi brat]

friends.

Maybe I could offer to help type or proof read the court docs in lieu of monetary donations? Or maybe..... I could type the April 11the list and get on it for free!!

If you do may I offer some advice? It's US Airways, not U.S. Airways.

From the default motion:

"......................between U.S. Airways and American Airlines............."

 

[cltrat]

cue the dire wolves and oh yeah the spartans too

 

[end_of_alpa]

Here is what Judge Silver said:


Pursuant to the Court’s resolution of the motions for summary judgment,

IT IS ORDERED Counts I and III of the complaint are dismissed and judgment is

entered in favor of US Airline Pilots Association on Count II of the complaint. US Airline

Pilots Association’s seniority proposal does not breach its duty of fair representation

provided it is supported by a legitimate union purpose.


DATED this 11th day of October, 2012. Prediction: Judge Rosenblatt isn't going to give it to Silver, he's going to save Her the trouble and dismiss it as Res Judicata (not the web forum AwFOL guy, the law).

 

[Bill Brasky]

cue the dire wolves and oh yeah the spartans too

Where are they? I'm thinking they're trying to decide what to file next.

 

[Portly Dorman]

USAPA started with the same rate as ALPA had when they were kicked to the curb. It was anticipated that this would be lowered once the union got its footing. What was not factored in was the high cost of defending its C & B-Ls in federal court. I have no problem with the 2.45% so far, and I support going to 3% to fund the merger committee. Happy with that answer, USA320?

So far, I feel money spent on USAPA has been mostly well spent.

As far as the PIC getting another assessment, I doubt it. The membership has gotten quite an education in the interim since the last assessment began. We are beginning to see that the PIC, even if on solid ground, is in no position to actually benefit the US east pilots. If the PIC group comes back to ask for more, they will need to demonstrate in CLEAR terms how the PC-4 group of east pilots will see any benefit from a win. So far, it has been smoke, mirrors and evasion from the PIC when asked for specifics in answering that question.

Sure, the scoundrels stole our pensions, but even in victory the PIC has not shown how finding and proving a smoking gun will get us anything at all. Maybe there might be something for the PC-3 pilots of which there are very few left here to vote.

High cost of defending CB&L's. That's rich. Who lobbed the first bomb? What was the RICO suit besides a loser? You actually thought the west would just roll over to your greatness?

 

[Phoenix]

If you do may I offer some advice? It's US Airways, not U.S. Airways.

From the default motion:

"......................between U.S. Airways and American Airlines............."

Excellant point!! I will give you credit and add you to the mighty, vital contributors list to be published tomorrow. Well done!

 

[Zone5]

High cost of defending CB&L's. That's rich. Who lobbed the first bomb? What was the RICO suit besides a loser? You actually thought the west would just roll over to your greatness?

Money well spent defending the CB&L's.

Who lobbed the first bomb? I would say the West did when they walked out at Wye River.

The RICO suit was "uncalled for" and a waste of money and "goodwill" capital. It's never a good idea to respond to a small and petty action, with a small and petty response. Nobody was "looking good" on that one!


seajay