April/May 2013 Pilot Discussion

[Claxon]

An arbitrated award is "powerfull evidence of a fair outcome".

You got more than you deserved in the Nic, and no court in the country will try to rehash the arbitration.

Further, post merger economics is just more evidence of what has been stolen from the West and will do nicely toward the damages total.

But speaking of abominations.....what exactly has the scab union done for a full 1/3 of the class and craft it owes a duty of fair representation?

Bottom line....usapa is going away, but the Nic is here to stay.

Do you really think anybody believes the Nic fantasy anymore?

 

[snapthis]

It's obvious that my once per week visit to this forum is a total waste of time.

It's not much better on the FA thread. Get a load of this crap:

Posted Today, 12:22 AM
ContUNITEus
Senior

So true, I agree that the whole "F/A jumpseat is sacred" thing is ludicrous. Some international carriers don't care who sits on that seat, as long as someone (non-rev) gets a ride home, and that could be your mother, OAL employee or buddy-passer. They don't distinguish over there - a ride is a ride. I flew once on a F/A seat on a European Airline from Florida to Europe using a station ID ticket. Even got to land in the F/D as that F/A seat and door were just brutally cold.

On the other hand, I must say that I don't feel sorry for AWA pilots... Never have I seen a group of pilots that gives as little of a sh!t about the F/As as the group at America West. When it came to helping out in the cabin, such as crossing seatbelts, helping with minor cleaning or even surrendering a crew meal to a starving F/A, you could always count on an east pilot. Not so with the west ones, they are just completely oblivious to thinking about the possibility that the F/As could use some help here and there. Never saw it at AWA... I have to say that AWA pilots also tend to be the cheapest bastards out there - if it's for free, and they think that they are entitled to it, they'd be the first ones jumping up and down in order to try to get it. Really cheap..... Don't feel sorry for them losing F/A JS privileges....

 

[cleardirect]

Which merits?

What about the merits of a court even starting a trial on an unripe issue? Has any court besides the 9th looked at that?

Yes a jury in AZ determined the merits and found usapa to be liable.

Now before you blow a gasket and say that never happened.

Understand how the ninth works. A lower court has to determine the outcome BEFORE the ninth can look at it. The trial happened and usapa lost. Otherwise how did the ninth get it? It was no immaculate conception.

Judge Silver looked at the merits and stopped just short.

Do you think a third judge is finally going to believe your poor east pilot it is so unfair story?

 

[luvthe9]

Do you really think anybody believes the Nic fantasy anymore?

I can't believe we are still talking about something that is long gone, move on to something else already.

 

[cleardirect]

Howdy Bean...you haven't missed a thing! 🙂 I'm one of those that hopes the NIC IS held up beside whatever USAPA proposes. I think a jury needs to take a good look at the inequities of the NIC and asked "how would YOU feel if you were placed below a new hire after 15 years of service?" Wake wouldn't allow it but I'm more hopeful this time.

Judge Silver did not allow any discussion about how the east "feels" about the Nicolau either.

Why would the next judge allow a DFR trial to become about the decision of an arbitrator when it is about the action of the union?

Do you really want the defense of usapa to be that east pilots thought the Nicolau was unfair so you took action unfair to the west to make the east feel better? That may not be the best tactic.

 

[luvthe9]

It's obvious that my once per week visit to this forum is a total waste of time.

Claxon(hole): Still an idiot. Still grabbing as straws. I wonder what you will say when the Nic list is (soon) rammed firmly up your ass. You too, Jamie. Looking forward to it.

I sense another breakdown coming ( a Fodase as we call them) such desperation, in debt with Marty and not much support anymore with most of the west pilots wanting to move on, won't be long now.

 

[luvthe9]

Understand how the ninth works.

I think we understand how the ninth works, quite well.

 

[CallawayGolf]

I can't believe we are still talking about something that is long gone, move on to something else already.

I suppose it would be hard to believe when you were told (and I suspect you believed) that discarding an arbitrated award would not result in a DFR and that negotiating seniority is like negotiating for crew meals.

 

[nycbusdriver]

I sense another breakdown coming ( a Fodase as we call them) such desperation, in debt with Marty and not much support anymore with most of the west pilots wanting to move on, won't be long now.

Who are the poor (soon to be poorer) nitwits that guaranteed Marty's invoices?

I hope Marty got some collateral to make himself whole.

 

[cleardirect]

The west pilot arrogant attitude, combined with the rule of law, caused the Judge to issue his order after your west pilot weekend "legal experts" filed the following under 28j Jacobs name.


"I, Andrew S. Jacob, declare the following to be true based upon my personal
knowledge and information under penalty of perjury pursuant to 28 U.S.C. § 1746:

1. The Bankruptcy Court in the Southern District of New York held a hearing on
April 3, 2013, to determine whether to dismiss an adversary proceeding filed there by
Defendant US Airline Pilots Association (“USAPA&rdquo😉 that sought to enjoin these
proceedings.

2. A certified copy of the transcript of that hearing is attached as Exhibit “A” to
Plaintiffs’ Motion for Entry of Default Judgment by the Court Pursuant to Rule 55( (2).

3. USAPA is neither an infant or incompetent person, nor an individual in
military service.

West pilots, your legal experts thought they were spiking the football when they authored line three. The touchdown they thought they had was called back for your illegal procedure, offside, personal foul and not enough men with minds on the field.

Do you really need to prove that you are an idiot every post? Take a minute and understand what you are talking about. I posted rule 55. Andy was simple satisfying the requirement of the law. Before you make a fool of yourself again take a minute and read the law.

First, the motion is procedurally improper. There is a two-step procedure
under Fed.R.Civ.P. 55 for obtaining a default judgment that the plaintiffs have
inexplicably failed to follow. Under that procedure, the plaintiffs may not seek the
entry of a default judgment from the Court pursuant to Rule 55( B)(2) without first
seeking through a separate application, and obtaining, the entry of default from
the Clerk of the Court pursuant to Rule 55(a).

Since you think you are so understanding of the law explain how this rule is a two step process? The west is not asking for a certain sum. We are not asking for money so 55(a) does not apply. Could it be that the "senior" judge does not understand this case yet and ruled incorrectly?


Rule 55. Default; Default Judgment

(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.
( B) Entering a Default Judgment.
(1) By the Clerk. If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk—on the plaintiff's request, with an affidavit showing the amount due—must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.
(2) By the Court. In all other cases, the party must apply to the court for a default judgment. A default judgment may be entered against a minor or incompetent person only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing. The court may conduct hearings or make referrals—preserving any federal statutory right to a jury trial—when, to enter or effectuate judgment, it needs to:
(A) conduct an accounting;
( B) determine the amount of damages;
© establish the truth of any allegation by evidence; or
(D) investigate any other matter.
© Setting Aside a Default or a Default Judgment. The court may set aside an entry of default for good cause, and it may set aside a default judgment under Rule 60( B).
(d) Judgment Against the United States. A default judgment may be entered against the United States, its officers, or its agencies only if the claimant establishes a claim or right to relief by evidence that satisfies the court.

 

[Claxon]

Do you really need to prove that you are an idiot every post? Take a minute and understand what you are talking about. I posted rule 55. Andy was simple satisfying the requirement of the law. Before you make a fool of yourself again take a minute and read the law.



Since you think you are so understanding of the law explain how this rule is a two step process? The west is not asking for a certain sum. We are not asking for money so 55(a) does not apply. Could it be that the "senior" judge does not understand this case yet and ruled incorrectly?










Rule 55. Default; Default Judgment

(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.
(B) Entering a Default Judgment.

(1) By the Clerk. If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk—on the plaintiff's request, with an affidavit showing the amount due—must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.

(2) By the Court. In all other cases, the party must apply to the court for a default judgment. A default judgment may be entered against a minor or incompetent person only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing. The court may conduct hearings or make referrals—preserving any federal statutory right to a jury trial—when, to enter or effectuate judgment, it needs to:

(A) conduct an accounting;

(B) determine the amount of damages;

(C) establish the truth of any allegation by evidence; or

(D) investigate any other matter.

(c) Setting Aside a Default or a Default Judgment. The court may set aside an entry of default for good cause, and it may set aside a default judgment under <a href="http://www.law.cornell.edu/rules/frcp/rule_55#rule_60_b">Rule 60(B).

(d) Judgment Against the United States. A default judgment may be entered against the United States, its officers, or its agencies only if the claimant establishes a claim or right to relief by evidence that satisfies the court.

Next time why don't you get Marty to fly one of your trips and you go back to Cochise County Community and bone up on your legalese. After all the BS you piped out about late filings etc. even Mitch Vaselino complained about the spank job Rosenblatt laid on you.

 

[cleardirect]

Dude, I assure you that the Court wasn't making it up. You're an IDIOT.

cleardirect, on 11 April 2013 - 03:13 PM, said:
So tell us great legal scholar, which one of those is the court talking about being wrong? Of course you did research the local rules and can tell us right. Was it usapa, the company or the west that the judge was talking about? Listed is the party block from each party.

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) (&ldquo;Party names must be capitalized using proper upper and lower case type.&rdquo😉

So idiot.

Which one of these is not like the others? One of these is the title page from the court. We can assume that the court since they pointed out the rule would follow it. One of these is from the company and one of these is from usapa.

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) (&ldquo;Party names must be capitalized using proper upper and lower case type.&rdquo😉

Which party used upper and lower case and which party only used upper case?

Don Addington, et al.,
Plaintiffs,
vs.
US Airline Pilots Ass&rsquo;n, et al.
Defendants.

Don ADDINGTON; et al.,
Plaintiffs,
vs.
US AIRLINE PILOTS ASS&rsquo;N, et al.,
Defendants.

Don ADDINGTON; John BOSTIC;
Mark BURMAN; Afshin IRANPOUR;
Roger VELEZ; Steve WARGOCKI;
Michael J. SOHA; Rodney Albert
BRACKIN; and George MALIGA, on
behalf of themselves and all similarly
situated former America West Pilots,
Plaintiffs,
vs.
US AIRLINE PILOTS ASS&rsquo;N, an
unincorporated association; and US
AIRWAYS, INC., a Delaware
corporation,
Defendants.

ADDINGTON et. al.,
Plaintiffs,
v.
US AIRLINE PILOTS ASS&rsquo;N, et. al,
Defendants.

Who do you think would get the local rule correct? The lawyers that work in the court everyday or the guys from out of town? Do I need to list which party filed what heading or can you figure it out?

 

[EastUS1]

It's not much better on the FA thread. Get a load of this crap:

Posted Today, 12:22 AM
ContUNITEus
Senior

So true, I agree that the whole "F/A jumpseat is sacred" thing is ludicrous. Some international carriers don't care who sits on that seat, as long as someone (non-rev) gets a ride home, and that could be your mother, OAL employee or buddy-passer. They don't distinguish over there - a ride is a ride. I flew once on a F/A seat on a European Airline from Florida to Europe using a station ID ticket. Even got to land in the F/D as that F/A seat and door were just brutally cold.

On the other hand, I must say that I don't feel sorry for AWA pilots... Never have I seen a group of pilots that gives as little of a sh!t about the F/As as the group at America West. When it came to helping out in the cabin, such as crossing seatbelts, helping with minor cleaning or even surrendering a crew meal to a starving F/A, you could always count on an east pilot. Not so with the west ones, they are just completely oblivious to thinking about the possibility that the F/As could use some help here and there. Never saw it at AWA... I have to say that AWA pilots also tend to be the cheapest bastards out there - if it's for free, and they think that they are entitled to it, they'd be the first ones jumping up and down in order to try to get it. Really cheap..... Don't feel sorry for them losing F/A JS privileges....

"Never saw it at AWA... I have to say that AWA pilots also tend to be the cheapest bastards out there - if it's for free, and they think that they are entitled to it, they'd be the first ones jumping up and down in order to try to get it."

Indeed: "...if it's for free, and they think that they are entitled to it, they'd be the first ones jumping up and down in order to try to get it." That theme does have a familiar ring to it around here.

Hmm. So where are all the FA's that, without possible doubt, should be vociferously defending "you'se" guys against such obviously unfair slander, by touting your group's universal virtues!? I'd have thought that just your "Integrity Matters" T-shirts alone (not to mention the obviously advanced level of group maturity shown by the crafting of those) should have prevented this sort of insult!!!.... I'll naturally suggest AOL and all the mighty "spartans" file a buncha' worthless lawsuits against this type of unquestionably unwarranted denigration immediately! Moreover; as supposed "knights" who've, within the feverish fantasies of your fine videos; "fought with valor in many battles" in "war", well...you certainly shouldn't take such affrontery lying down! 😉 Rise up mighty "spartans" and show those FA's just what's what and who's who here! Good luck with them being much, or even at ALL impressed by your noble efforts...and for mercy's sake; please don't sic the "Dire Wolves" on me for saying all that!!! 🙂

 

[luvthe9]

Pilots Union Update

The Delta Pilots Association is within 100 signature cards of a certification vote! This is significant when you think about the United Pilots being the only major airline left in ALPA. read more
Is it fair for the United Pilots to be left holding the bag and paying for ALPA's failure in the TWA lawsuit? It looks like the damages trial is set to take place later this year and the result is almost certain to be in the hundreds of millions of dollars which ALPA cannot pay without assessing its members.
Subsidizing union representation for the ALPA regional pilots just took on a completely different meaning with the exodus of the Delta Pilots. The Delta pilots contribute $38 million dollars each year to ALPA: how does ALPA replace this kind of money?
If you thought ALPA's legislative agenda was ineffective before, just wait until the Delta Pilots (DPA) team up with the American Pilots (APA) and join CAPA.
It's time to ensure that the United Pilots will have responsible, accountable union representation that protects the United Pilots. It's time we get serious about protecting the Major Airline Pilots' career and supporting a sustained legislative agenda that does just that.
We have a long way to go and a lot of work to do to collect 6,300 signature cards. Visit us at www.unitedpilotsunion.org and see how you can help.
The United Pilots Union

 

[Bill Brasky]

So idiot.

Which one of these is not like the others? One of these is the title page from the court. We can assume that the court since they pointed out the rule would follow it. One of these is from the company and one of these is from usapa.





Which party used upper and lower case and which party only used upper case?



Who do you think would get the local rule correct? The lawyers that work in the court everyday or the guys from out of town? Do I need to list which party filed what heading or can you figure it out?

NO, YOU'RE the IDIOT. Whom are we to believe knows the law better, you or the Judge?

I now see why you are so sensitive. You just SHOWED THE WORLD how stupid you are by saying that you know more than the Judge.

What a MORON! Yes, YOU.

What a piece of work, If by work I mean crap!