Its over boys.
"The discovery USAPA seeks generally relates to the “correctness” of the Nicolau Award, as evaluated in hindsight several years after it was issued. One factor Arbitrator Nicolau considered in his Award was the legitimate pre-merger career expectations of the East and West Pilots, in light of the financial conditions of US Airways and America West at the time of the merger. (See Doc. No. 34-6 at 25-26.) USAPA argues that the fortunes of the East and West Pilots have changed since the time of the Nicolau Award, and it requests discovery regarding how the legacy East and West operations have fared so that it can present evidence about post-merger career expectations. But discovery regarding post-merger changes in the relative career prospects of East and West Pilots is unnecessary unless the Court first decides, as a legal matter, that post-merger career expectations developed during a period when USAPA was actively resisting the Nicolau Award – could justify USAPA’s requirement that a date-of-hire seniority list, rather than the Nicolau Award, be included in any collective bargaining agreement with US Airways. This Court can decide that issue without discovery, and only if USAPA may disregard the Nicolau Award could its requested discovery have any 8 relevance."
"The discovery USAPA seeks generally relates to the “correctness” of the Nicolau Award, as evaluated in hindsight several years after it was issued. One factor Arbitrator Nicolau considered in his Award was the legitimate pre-merger career expectations of the East and West Pilots, in light of the financial conditions of US Airways and America West at the time of the merger. (See Doc. No. 34-6 at 25-26.) USAPA argues that the fortunes of the East and West Pilots have changed since the time of the Nicolau Award, and it requests discovery regarding how the legacy East and West operations have fared so that it can present evidence about post-merger career expectations. But discovery regarding post-merger changes in the relative career prospects of East and West Pilots is unnecessary unless the Court first decides, as a legal matter, that post-merger career expectations developed during a period when USAPA was actively resisting the Nicolau Award – could justify USAPA’s requirement that a date-of-hire seniority list, rather than the Nicolau Award, be included in any collective bargaining agreement with US Airways. This Court can decide that issue without discovery, and only if USAPA may disregard the Nicolau Award could its requested discovery have any 8 relevance."
