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America West Merger Committee Update November 21, 2014

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The America West Merger Committee (“AWMC”) recently began working internally, assisting our lawyers to prepare for the representation of your seniority interests. We are less than a month away from the first important step, the Preliminary Arbitration. A favorable result in this Preliminary Arbitration will validate our representation of the America West pilot’s interests in the McCaskill-Bond seniority integration process. In the following paragraphs, we will update you about where we stand with regard to both processes.

PRELIMINARY ARBITRATION

The scheduled Preliminary Arbitration is the mechanism agreed to by American Airlines, APA, and USAPA through which the AWMC may be recognized as a stand-alone, autonomous merger committee on behalf of America West pilots in the McCaskill-Bond seniority integration process. In other words, if we are successful in the Preliminary Arbitration, we would have the independent right to represent the seniority interests of the America West pilots without regard to USAPA's position on the issues.

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America West Merger Committee Update October 3, 2014

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As we are certain you already know, on September 4, 2014, American Airlines, APA, and USAPA executed a Protocol Agreement which governs the process for seniority integration.  

Paragraph 8 of the Protocol Agreement established a process through which former America West pilots may become recognized as a full and equal party to the seniority integration process. Under the Protocol Agreement, former America West pilots had until 14 days from the NMB’s certification of APA as the exclusive bargaining agent to request to participate in the Preliminary Arbitration. The America West Merger Committee (“AWMC”) requested party status from APA. We have been advised that no other group of former America West pilots claiming to represent the West Pilots has made a similar request, and the matter has been referred to a Preliminary Arbitration Board (“PAB”). The issue for the PAB is a simple one – does APA have the discretion to appoint a West Pilots’ Merger Committee? If the PAB decides that APA does have that discretion, we expect that APA will appoint a West Pilots Committee that will have full party status in the Seniority List Integration process. 

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Leonidas Update November 18, 2014

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There have been recent filings in two of the legal fronts. 

In the 9th Circuit Court of Appeals, our attorneys filed a cross appeal brief, the brief can be read here. There is an optional reply brief due within 14 days by USAPA, which we expect Usapa to file. Judges and schedule at the 9th Circuit Court of Appeals have yet to be determined, which we will inform you when we have a response from the 9th.  

Monday, as expected, USAPA filed its Motion to Remand the NC DJ suit against Velez and Leonidas for dues disgorgement from Federal District Court back to North Carolina State Court. You can read their filing here. A response from defendants is due by December 4, 2014 

Thank you for staying informed and your financial support. 

Leonidas, LLC 

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America West Merger Committee Update September 4, 2014

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As we are certain you know, mediated negotiations called for by the NMB to achieve a SLI Process Agreement have been ongoing between APA, New American, and USAPA in Washington, D.C. since August 5. Noticeably absent in the process has been any representative advocating for the unique interests of the West pilots.

Today, the USAPA BPR, over the objections of the Phoenix Reps, ratified the tentative agreement resulting from those mediated negotiations, subject to reaching modification of the Agreement with APA and the Company on one matter not related to our principal issue – the status of a Committee representing West pilots. We assume that the parties will resolve that issue, one way or another, in relatively short order. If so, more details about the Agreement will surely appear in the days ahead.

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Leonidas Update October 24, 2014

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Yesterday, attorneys for the West pilots filed a Motion to Dismiss Leonidas, LLC from USAPA's civil action in North Carolina. You can read the motion here. The purpose of the motion to dismiss is to ask the court to decide that the claim which USAPA filed against Leonidas, even if true as USAPA has alleged, is not one upon which the law offers a remedy. 

With any motion to dismiss, there are several possibilities why the law cannot provide a remedy. Here, the West attorneys are arguing that: (1) the court lacks jurisdiction over Leonidas; and (2) that USAPA's complaint fails to show that USAPA is entitled to any sort of relief from Leonidas. Recall that last week the West attorneys removed USAPA's suit from North Carolina's state trial court to the Federal District Court, and shortly thereafter the case was assigned to a federal judge - the Honorable Robert J. Conrad. The effect of the removal was to take the entire case that USAPA originated in the state court, and transplant it to the federal court. USAPA's case now belongs entirely to Judge Conrad, and it is he who will adjudicate this Motion to Dismiss Leonidas, LLC, as well as USAPA's complaint and all other motions in the case. We do anticipate that USAPA will attempt to have their case remanded back to the state court, but again the decision to remand or not would belong to Judge Conrad.