Last June, Judge Silver denied USAPA’s Motion to Dismiss the company’s declaratory action, effectively putting the case on track for adjudication (See Doc. 85). After a four-month hibernation, the next phase of the declaratory action began when Judge Silver set a date for a “Case Management Conference” (Doc. 117), and soon thereafter certified the former America West pilots as a class (Doc. 125). In preparation for the case management hearing next Thursday, December 1st, the three parties filed a single “Joint Proposed Case Management Plan” (Doc 130) and a “Proposed Scheduling Order” (Doc 130-1).
***Note: the hearing has been rescheduled back to the original date of December 1st***
The case management phase is significant because this is when Judge Silver will determine how much time and resources are needed to adjudicate the company’s declaratory action. Think of the case management phase as akin to a sculptor determining how much clay is needed to create his or her artwork. Judge Silver will effectively set peripheral boundaries on discovery and the type and number of witnesses which can be brought into the litigation (i.e. expert witnesses). This, in turn, will shape what arguments can be made at the trial phase. We do not know where Judge Silver will set these boundaries, but we can tell by reading Document 130 that the attorneys for both the West and US Airways mostly agree as to the optimum timeline to complete this case. Specifically, the West and the company recommend that the entire declaratory action should be settled through cross-motions for summary judgments – one filed by the West, and the other filed by USAPA. A “Motion for Summary Judgment” seeks to have the court decide the issue being adjudicated because there is no dispute as to the underlying facts. A Motion for Summary judgment is proper when the judge has all of the information needed to apply the law and make a decision. In reference to the sculpture analogy, a summary judgment allows the project to be finished with just a small amount of clay.
USAPA opposes summary judgment and proposes a case management plan that would give them a very long leash. Remember that this case is about the company’s liability to the West and to USAPA. Both the company and the West believe there is already more than enough evidence that is not in dispute to allow Judge Silver to apply the law and rule on this case. USAPA proposes the exact opposite by recommending a drawn-out schedule with virtually no limits as to what would be discoverable. Clearly, USAPA prefers a long leash for two reasons: one is to attack the Nicolau, and the other is to again delay the resolution of this dispute. Judge Wake allowed USAPA considerably more leeway during the Addington trial than we cared for, and we will soon see if Judge Silver does the same.
In closing, we thank you again for you continued support. The reason we do not have DOH is because an overwhelming majority of West pilots have “anted up” to defend our seniority. We are now reaching another milestone in our struggle and it is important to keep our collective defense funded. Paypal subscriptions have been robust, but remember that they expire after ten months. Please do not hesitate to renew your support.
See you on December 1st, 10:30 AM in Judge Silver’s courtroom.
Sincerely,
Leonidas, LLC
www.cactuspilot.com
