August 2013 Pilot Discussion

[snapthis]

Giving blood is a great thing to do. I used to give but after my knee replacement I spent 17 days with an IV in my arm so I've pretty much had it with needles.

17 days with an IV? Don't move.

I don't blame you, Bob.

Are you back on the Belarus or whatever the tractor is called?

 

[Claxon]

Excerpt from court transcripts.

The tea leaves

"THE COURT: Essentially, from the -- from the last
time you were here and what you gave me in writing, your client
has taken a position, and so has American, of neutrality,
essentially, on this issue, and stepped back and said: Get
this resolved. These are -- there are legal issues. You --
you raise some. Both the parties raise some and you raised a
unique one about --
MR. SIEGEL: Right.
THE COURT: -- McCaskill-Bond.
So -- so okay. So you've given me an idea of where we
are, and whether or not there has been any progress in moving
forward as was -- was the plan under the merger."

Forward, into the imaginary merger. With imaginary harm! Please continue, with the depositions.

 

[snapthis]

Please continue, with the depositions.

OK

 

[Phoenix]

Transcript of proceedings, 15 Aug 2013, before Judge Silver:

THE COURT: Sorry to inter -- let me ask you a
question, Mr. Harper.
MR. HARPER: Yes.
THE COURT: Now, in the context of what we have, and
I've asked you this before -- before this that this situation
that we have now here with Department of Justice, what remedy,
what remedy would I issue for your clients after the trial was
over?
MR. HARPER: We --
THE COURT: And I know what you asked for the last
time, and I think I may not have persuaded you that I -- that I
couldn't do that, but you heard what I said about it, and I
don't think I can force the Nicolau Award on -- on whatever
bodies are -- or whatever parties, stakeholders there are in
this case.
But so independent of that, what would be the remedy
that you would be asking for and that I could enforce as a
matter of law?

...


THE COURT: Okay. If the merger isn't consummated,
what do we do? We don't have anything, do we?

...


THE COURT: If there's no merger, what case do you
have in front of me?
MR. HARPER: Candidly, probably none.

....


THE COURT: Okay. So then that's at least --
candidly, you're saying there's -- if there's no merger, you
have no case in front of me; if there is a merger, you have the
case that we have today, right?

MR. HARPER: ... [Judge Silver] you're asking me to project out
through all of these uncertainties where we might be next March
if there is no merger.

Yes, Mr. Harper you are offended that Judge Silver would ask you to project out through all of these uncertainties... Yet you are asking Judge Silver to project harm through all of these uncertainties. What HYPOCRISY!! ...and based on that speculation you want her to divine some preventative scheme to prevent the projected harm that is uncertain to occur.

That would be the height of unjustified judicial interference.

 

[snapthis]

Transcript of proceedings, 15 Aug 2013, before Judge Silver:






Yes, Mr. Harper you are offended that Judge Silver would ask you to project out through all of these uncertainties... Yet you are asking Judge Silver to project harm through all of these uncertainties. What HYPOCRISY!! ...and based on that speculation you want her to divine some preventative scheme to prevent the projected harm that is uncertain to occur.

That would be the height of unjustified judicial interference.

Like I said, don't let your emotions get the best of you. RED CAPS and !!! means you are yelling.

Earplugs installed.

Carry on.

 

[cactusboy53]

Transcript of proceedings, 15 Aug 2013, before Judge Silver:

Yes, Mr. Harper you are offended that Judge Silver would ask you to project out through all of these uncertainties... Yet you are asking Judge Silver to project harm through all of these uncertainties. What HYPOCRISY!! ...and based on that speculation you want her to divine some preventative scheme to prevent the projected harm that is uncertain to occur.

That would be the height of unjustified judicial interference.

From the transcript:

"THE COURT: And I know what you asked for the last time, and I think I may not have persuaded you that I -- that I couldn't do that, but you heard what I said about it, and I
don't think I can force the Nicolau Award on -- on whatever bodies are -- or whatever parties, stakeholders there are in this case. But so independent of that, what would be the remedy that you would be asking for and that I could enforce as a matter of law?.."

So, Judge Silver is again seeking guidance from the attorneys on what she will do. Notice she said she doesn't "think" she can force the Nicolau. She didn't' say she wouldn't.

f she does so, she will have effectively given everyone a road map on how to evade final and binding arbitration. That's not just the airline industry, that EVERY industry that uses arbitration and mediation.

We're a very long way away from being done Scotty (and that only because of the DOJ intercession). The industry continues to watch USAPA spend MILLIONS in ducking out of an agreed upon process, and making sure the AWA pilots pay their fair share of USAPA's legal bills (against them). Integrity at its finest!

CB

 

[767one]

17 days with an IV? Don't move.

I don't blame you, Bob.

Are you back on the Belarus or whatever the tractor is called?

Actually the knee replacement was in 2006. It has just taken a long time to get past the IV needle thing. I guess I picked the wrong day for a knee replacement June 6th 06 (6-6-6). I should consider myself lucky that I didn't end up with two left knees!! Just had the Belarus painted (crazy Ivan). Looks pretty good for a 24 year old.

 

[Hate2fly]

A Federal Judge cannot get inside of a unions collective bargaining. She can't tell USAPA what list to use. How embarrassing for her to have Siegle and Harper put her in this position. Embarrassing!

Hate

 

[Phoenix]

Like I said, don't let your emotions get the best of you. RED CAPS and !!! means you are yelling.

Earplugs installed.

Carry on.

Harper was the red quotes.

Harper is a hypocrite. He doesn't want to project what might happen but he wants Silver to project what is going to happen and then interfere based on that presumption.

Address the point or just complain about the COLORS.

 

[Phoenix]

From the transcript:

"THE COURT: And I know what you asked for the last time, and I think I may not have persuaded you that I -- that I couldn't do that, but you heard what I said about it, and I
don't think I can force the Nicolau Award on -- on whatever bodies are -- or whatever parties, stakeholders there are in this case. But so independent of that, what would be the remedy that you would be asking for and that I could enforce as a matter of law?.."

So, Judge Silver is again seeking guidance from the attorneys on what she will do. Notice she said she doesn't "think" she can force the Nicolau. She didn't' say she wouldn't.

f she does so, she will have effectively given everyone a road map on how to evade final and binding arbitration. That's not just the airline industry, that EVERY industry that uses arbitration and mediation.

We're a very long way away from being done Scotty (and that only because of the DOJ intercession). The industry continues to watch USAPA spend MILLIONS in ducking out of an agreed upon process, and making sure the AWA pilots pay their fair share of USAPA's legal bills (against them). Integrity at its finest!

CB

"Final and binding" is "futile and boisterous" outside of the strict terms allowing/requiring its applicability. No one, not even Judge Wake or Judge Silver can ever get away with altering the contractual terms that make the Nic applicable. But the members can change them by a ratification vote. 🙂


Still fixated on the idiot Prechi who first addressed Scotty. You are throwing air balls bigger than her/him.

Don't forget to project the harm that Silver should also project. She is looking for guidance! . 🙂

 

[snapthis]

Actually the knee replacement was in 2006. It has just taken a long time to get past the IV needle thing. I guess I picked the wrong day for a knee replacement June 6th 06 (6-6-6). I should consider myself lucky that I didn't end up with two left knees!! Just had the Belarus painted (crazy Ivan). Looks pretty good for a 24 year old.

666 and a 24-year old? I'm not sure if that's a good or bad omen for a retired guy.

Glad you are doing well. All the best to you, Bob.

 

[flyer63]

From the transcript:

"THE COURT: And I know what you asked for the last time, and I think I may not have persuaded you that I -- that I couldn't do that, but you heard what I said about it, and I
don't think I can force the Nicolau Award on -- on whatever bodies are -- or whatever parties, stakeholders there are in this case. But so independent of that, what would be the remedy that you would be asking for and that I could enforce as a matter of law?.."

So, Judge Silver is again seeking guidance from the attorneys on what she will do. Notice she said she doesn't "think" she can force the Nicolau. She didn't' say she wouldn't.

f she does so, she will have effectively given everyone a road map on how to evade final and binding arbitration. That's not just the airline industry, that EVERY industry that uses arbitration and mediation.

We're a very long way away from being done Scotty (and that only because of the DOJ intercession). The industry continues to watch USAPA spend MILLIONS in ducking out of an agreed upon process, and making sure the AWA pilots pay their fair share of USAPA's legal bills (against them). Integrity at its finest!

CB

Ha ha.... Don't stop believen.... Hold on to that feeling... Fool

 

[snapthis]

Address the point or just complain about the COLORS.

I'll give you a pass on the CAPS. I don't have to reach for the readers.

Colors? I can read in black and white😉

 

[snapthis]

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Don Addington, et al.,
Plaintiffs,
vs.
US Airline Pilots Association, et al.,
Defendants.
No. CV-13-00471-PHX-ROS
SCHEDULING ORDER
USAPA seeks to delay this case. But in the context of airline travel, a delay is never
welcomed. The case will continue as set forth below.
Accordingly,
IT IS ORDERED no later than August 20, 2013 Defendant US Airline Pilots
Association shall respond to the motion to quash. The reply shall be filed no later than
August 22, 2013.
IT IS FURTHER ORDERED the parties shall comply with the following schedule.
A. All proceedings concerning this case shall be in accordance with the Federal
Rules of Civil Procedure.
B. All Initial Disclosures as defined in FRCP 26(a)(1) were due no later than
August 6, 2013.
C. To satisfy the requirements of FRCP 26(a)(1), the parties shall file with the
Clerk of the Court a Notice of Initial Disclosure, rather than copies of the actual disclosures.
D. Procedural motions including Motions to Amend the Complaint or Answer,
and Motions to Join Additional Parties were due no later than August 5, 2013.
Case 2:13-cv-00471-ROS Document 160 Filed 08/16/13 Page 1 of 5
E. The Plaintiffs shall disclose the identity of all persons who may be used at
trial to present evidence under Federal Rules of Evidence (FRE) 701, 702, 703, 704 and 705
no later than August 16, 2013. The Defendants shall disclose the identity of all persons
who may be used at trial to present evidence under FRE 701, 702, 703, 704 or 705 no later
than August 23, 2013. To the extent that either party intends to call any persons for
rebuttal purposes who will present evidence under Federal Rules of Evidence (FRE) 701,
702, 703, 704 and 705, the disclosures provided for hereunder shall be made not later than
August 30, 2013.........

 

[snapthis]

Like I said, tea leaves. SYIC.