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.
At what exact point did you begin caring about, "Integrity"? Curious timing...Yeah, the hell with integrity. Marty is a hypocrite and you are more than happy to burst a blood vessel. Do you spit and slobber on your key board when you type with such emotion?
May I suggest a black light lava lamp and a "peaceful beach waves" sound machine for your office.![]()
Dear DriveBy,
You can run away if you like. Hit and run drive by.
You chose to engage the point of Marty's hypocrisy by deflecting the issue to silly things of colors, caps, exclamation points, and repeating posts. He's a hypocrite in open court. Just admit it.
Marty Harper took exception to Silver asking him to project through all the contingencies, yet he himself is petitioning Silver to do just that.. project through all the contingencies to find harm, and then speculate on a remedy that will prevent the speculative harm. He won't even do what he wants the jude to do. Hypocrites.
Do another drive by, run away, or keep repeating posts and complain about caps, colors, etc.![]()
"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."
You we're saying PI Brat?
At what exact point did you begin caring about, "Integrity"? Curious timing...

Judge Silver IS going to find for the Plaintiffs. That much is clear. She has broken more RLA law and defies the Ninth Circuit. That much is very clear. Szymanski really screwed up....AGAIN. He is not good at thinking on his feet and is not very good in trial court litigation. Not that Harper and Siegal are Perry Mason. It's just that this court has become a joke and with the merger in question the only thing Silver is doing is making matters worst.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.........
That IS a fact. It is truly unfortunate that Silver is an activist judge that has no understanding of the law. Clinton appointee. No surprise there.If you think about it, having the trial in Sept is not good news for the west, not in light of the DOJ action. The merger (at the very least) is now delayed. Which means single carrier status petition is also delayed. Which means USAPA will be around in full force and effect to appeal any negative ruling from Silver to the 9th. The rationale from AOL and LCC was to wrap this up. Might have worked if the trial was after the POR. Instead it's bought USAPA more time. Unless Silver dismisses in Sept, the 9th will decide this case. Just my opinion.
Judge Silver IS going to find for the Plaintiffs. That much is clear. She has broken more RLA law and defies the Ninth Circuit. That much is very clear. Szymanski really screwed up....AGAIN. He is not good at thinking on his feet and is not very good in trial court litigation. Not that Harper and Siegal are Perry Mason. It's just that this court has become a joke and with the merger in question the only thing Silver is doing is making matters worst.
What a shame.
Wow, if you're right you must be smarter than both Marty Harper and Bob Siegal. Enjoy your new career and remember to take the LSAT before applying to law schools.If you think about it, having the trial in Sept is not good news for the west, not in light of the DOJ action.
That the Judge said it was ripe so how could any party change it's tune now? Get it this time?
And you never answered my question about why you care, after saying you would answer any question.
Wow, if you're right you must be smarter than both Marty Harper and Bob Siegal. Enjoy your new career and remember to take the LSAT before applying to law schools.
It warms my heart when Easties deride the Leonidas lawyers. That means it's getting to them.
Remind me, what ever happened to that USAPA lawyer Bradford hired to tell him switching unions nullifies binding arbitration?