Legal Postings

Legal Postings - McCaskill-Bond Injunction Action

Yesterday, May 22, 2014, Evin Isaacson (from James & Hoffman) filed a motion with the court to appear pro hac vice on behalf of APA. This motion, as well as the corresponding declaration in support of the motion and the proposed order, are listed below and posted in the Legal Library. 

USAPA Communications

McCaskill-Bond Injunction Action and APA Discussions

McCASKILL-BOND INJUNCTION ACTION

Yesterday (Monday, May 19), USAPA filed its opposition to the motions by APA and the Company to compel arbitration on MTA Dispute #5 and to postpone further proceedings until the arbitration is complete.

The documents filed are in the Legal Library under McCaskill-Bond Injunction Action:

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Legal Postings - Addington II Appeal

All of the documents filed to date in the Addington II Appeal are now in the Legal Library under the heading “Addington II, Appeal to the Ninth Circuit.”

Most of the documents filed so far are administrative papers that are filed at the beginning of any appeal and, to a large extent, are repetitive because the same package of documents is issued with respect to each of the three notices of appeal – the original appeal by the Addington Plaintiffs (Docs 1-1 through 1-6) and the subsequent cross appeals by USAPA (Docs 3-1 through 3-6) and by US Airways (Docs 6-1 through 6-6).

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Legal Postings – Addington II

Yesterday, May 5, US Airways filed a Notice of Appeal (Doc 311) to the United States Court of Appeals for the Ninth Circuit in Addington II. The Plaintiffs filed a Notice of Appeal on April 21 and USAPA filed its cross-appeal last Friday, May 2. As previously stated, we will not know what arguments are being raised by the Plaintiffs until their opening brief is filed. That brief is currently due on July 30. USAPA did not file any original appeal but filed a cross-appeal to ensure that we could respond to any arguments raised by the Plaintiffs. As with the Plaintiffs, we will not know what arguments are raised by US Airways until it files its brief.

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Legal Postings - Addington II Cross-Appeal

Earlier today (Friday, May 2), USAPA filed what is known as a “cross-appeal” in the Addington II case, which is currently pending before the United States Court of Appeals for the Ninth Circuit (CLICK HERE) .

The case is before the Ninth Circuit as the result of an appeal filed by the Addington plaintiffs from the decision issued by Judge Silver. That decision dismissed all claims against USAPA and US Airways. In particular, the decision upheld the MOU, finding that USAPA acted properly when it did not include the Nicolau Award in the MOU that was ratified in February 2013, and that former America West pilots are not entitled to separate representation in the McCaskill-Bond seniority list integration process. Those decisions stand and continue to stand while the appeal is pending.

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Legal Posting - McCaskill-Bond Injunction Action

Late Friday, May 2, 2014, the APA and the Carriers filed motions to compel arbitration and stay litigation in the United States District Court for the District of Columbia.  Both motions seek (1) to compel USAPA to arbitrate MTA Dispute # 5, pursuant to Paragraph 20 of the MOU, and (2) to stay the litigation, including discovery, until an arbitrator has ruled on MTA Dispute No. 5.  The APA specifically asks the court to schedule oral argument on their motion. 

All documents linked below are posted in the Legal Library>McCaskill-Bond Injunction Action.

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Legal Postings: McCaskill-Bond Injunction Action

The joint meet and confer report briefly outlines the procedural and substantive issues of the case, and also contains a proposed scheduling order for discovery and the filing of dispositive motions. The minute order is a scheduling order by the Court adopting a schedule for discovery and dispositive motions. The set/reset deadlines document is merely a listing of the deadlines contained in the scheduling order.

The following McCaskill-Bond Injunction Action documents are now available in the Legal Library:

USAPA Communications

Legal Postings – Addington II Appeal

Yesterday, Monday, April 21, the Plaintiffs in Addington II filed a Notice of Appeal (Doc 306) asking the United States Court of Appeals for the Ninth Circuit (located in San Francisco) to review the decision issued by the United States District Court for the District of Arizona (Judge Roslyn O. Silver). The decision dismissed all claims against US Airways and USAPA. In particular, the decision upheld USAPA’s decision not to include the Nicolau Award in the Memorandum of Understanding that was ratified in February 2013, and ruled that Plaintiffs are not entitled to participate as a separate party in the seniority list integration proceeding that will integrate the seniority of American and US Airways pilots.

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Legal Posting: US Airways v. USAPA - Complaint for Temporary Restraining Order/Injunctive Relief

You should have received a Legal Posting email yesterday, April 15, on USAPA’s Reply Memorandum of Law in Response to US Airways’ Opposition to the Motion to Vacate (Doc 96). Here is some more information.

On April 14, 2014, USAPA filed its Reply Memorandum of Law in Response to US Airways’ Opposition to USAPA’s Motion to Vacate the Permanent Injunction. The case, US Airways, Inc. v. USAPA, Docket No. 3:11-CV-00371, is before Judge Conrad in the Western District of North Carolina. In the reply, USAPA responded to two arguments made by US Airways in its opposition brief: (1) vacating the permanent injunction is premature because there is still a threat of an illegal job action by USAPA because of the impending negotiations for the JCBA; and (2) its position that American and US Airways now operate as a single transportation system, and therefore the APA’s petition for single carrier should be processed.

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