Legal Postings: Declaratory Judgment in the State of North Carolina

On February 11, 2015, USAPA filed with the District Court in the Western District of North Carolina its Motion for Leave to Amend or Supplement the Declaratory Judgment Complaint (Doc. 33). Filed along with it were a proposed Amended Complaint (Doc. 33-1) and Brief in Support of the Motion for Leave to Amend and/or Supplement (Doc. 33-2). This motion was preceded by a request for defendants to stipulate to amend or supplement, which would have done away with the need to make a motion. Defendants did not consent. Leave to amend or supplement is being sought to add demands made on behalf of defendants after the date of the filing of the original complaint, including that USAPA pay the expenses of the West Pilots’ merger committee and for USAPA to distribute a pro rata share of the 0.5% dues increase for the West Pilots to use in the seniority integration proceedings, all of which, like deferral of dissolution and distribution of USAPA assets, also arise out of and directly relate to the interpretation and application of the USAPA Constitution and Bylaws. As detailed in the brief in support of the motion, leave to amend pleadings is liberally granted and there is no prejudice to defendants, especially given the early stage of the litigation. Defendants’ responding papers will be due in approximately two weeks and USAPA will have an opportunity to file a reply. The motion has been assigned to Magistrate Judge David Keesler.

The second numbered document (Doc. 34) is USAPA’s request for the federal court to schedule oral argument on all of the pending matters, which include: defendants’ motion to dismiss the complaint due to lack of personal jurisdiction over them (and, as to Leonidas, for failure to state a claim); USAPA’s motion of jurisdictional discovery (to counter, in part, defendants’ contentions they lack sufficient contacts with North Carolina for the court to exercise jurisdiction over them); USAPA’s motion for remand – that is, to return the case to North Carolina State Court where it belongs but for the removal to federal court by defendants; and now, USAPA’s motion for leave to file an amended and/or supplemental complaint. Like the motion for leave to amend, this motion was assigned to Mag. Judge David Keesler.

All of the documents referred to above are available in the Legal Library.

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