Leonidas Update August 4, 2009
on 04 August 2009
.
Fellow US Airways pilots,
We just received some very good news for all US Airways pilots as the 9th Circuit has fast tracked USAPA's (futile) appeal.
Appellant's unopposed motion for expedition is granted. The opening brief is due September 25, 2009; the answering brief is due October 26, 2009; and the optional reply brief is due within 14 days after service of the answering brief.
This case shall be placed on the December 2009 calendar.
For the Court:
MOLLY C. DWYER
Clerk of the Court Lorela Bragado-Sevillena
Deputy Clerk
Ninth Circuit Rule 27-7/Advisory Note
to Rule 27 and Ninth Circuit Rule 27-10
The end is in sight as the chances of the US Supreme Court ever granting a USAPA Motion of Certiorari and hear an appeal from the 9th Circuit is infinitesimally small. Also, note that USAPA motion for an expedited appeal was unopposed by the Plaintiffs. The reason why we were not opposed to this is because it is imperative that this matter be buried once and for all. We hope to have a decision from the 9th Circuit in February or March of 2010.
It's amazing how fast our case has moved through the justice system. Exactly 11 months ago we filed our initial complaint and look where we are now! We all heard on the USAPA campaign videos that Seham's Plan B was to delay whatever DFR action was to be filed by the America West pilots over many years, just like what has occured with the TWA pilots. By the time we ever got to having our case adjudicated, the plan was to delay long enough so that the East would have just about robbed us entirely of our seniority rights emanating from Nicolau. Sure we'd have a recovery . . . in 2015! Too late then. Now, we're looking at having this entire matter settled in early 2010 and after that there will be no more excuses for East and West to move ahead - together - as labor should.
This is over folks.
One more item . . . West pilots - this is not free. Although we filed for attorney's fees, a fee award is not guaranteed. We must anticipate funding this litigation entirely on our own. The lowest paid pilot is making $75,000 +. At this point we shouldn't have to still be asking for donations, but the fact of the matter is that only about half of this pilot group have hit the $1,000 target. Leonidas has been up and running for two years this month. If every pilot had donated just $40 a month since Leonidas was created, we wouldn't be writing to you today reminding the other half to donate. After our stunning successes in court on behalf of all West pilots, the fact that we are still having to ask for money is unacceptable. Donate now.
Sincerely,
Leonidas, LLC
