As mentioned in our previous update, on September 16, 2014 USAPA filed a Complaint for Declatory Judgement with the Superior Court of North Carolina, naming Leonidas and West pilot Roger Velez as Defendants. USAPA is asking the court for declarations stating that:
1. The National Officers' decision to defer dissolution upon USAPA's loss of NMB certification was within their constitutional authority and consistent with the USAPA Constitution and Bylaws
2. The National Officers' decision to defer distribution of assets to its members upon USAPA's loss of NMB certification was within their constitutional authority and consistent with the Constitution and Bylaws
On October 16, 2014, our legal counsel filed a Notice of Removal in the United States District Court for the Western District of North Carolina, asking to have the case moved to Federal Court based on diversity grounds, since neither defendant nor any of the managers of Leonidas are North Carolina residents as well as on federal law question issues, since issues pertaining to the Railway Labor Act (RLA) and the Labor Management Reporting and Disclosure Act (LMRDA) are triggered by the complaint. You can read the document here.Some of you might remember this District Court as the venue that heard the Cactus 18 RICO lawsuit initiated by USAPA in 2008.
We expect USAPA to file a motion to remand soon, asking the case to be remanded back to state court. While waiting for USAPA to do so, our counsel will be filing responsive pleadings on behalf of both defendants in Federal Court this week. The pleadings being filed are technical documents under the various rules of procedure and should be considered routine. Until USAPA files its motion to demand and has it granted, the Federal Court has jurisdiction over the matter. Today, it assigned Judge Robert J. Conrad, Jr. to the case. This is the same Judge that presided over the Companys injunction lawsuit against USAPA for their illegal work action in 2011. Judge Conrad denied USAPA's Motion to Vacate the Permanent Injunction in June of this year.
In our appeal of Addington II, the responsive pleadings from both Airways and USAPA are due in the 9th Circuit next week, Barring any schedule changes, our response to these pleadings will be due in late November. All documents will be available soon after being filed in the legal library on the cactuspilot.com website.
As we deal with yet another USAPA attempt to delay the smooth completion of the merger, and move toward the start of the Preliminary Arbitration hearing in December we realize that many of you have questions. We are happy to announce another Meet and Greet on November 3 from 3PM to 6PM at the Crown Plaza, 4300 E Washington St, Phoenix, AZ 85034 where both legal counsel and merger counsel will be in attendance. We have arranged for free parking and there is shuttle van service from the airport. Additional information will be forthcoming soon.
After 8 years, we are nearing the final battle. This is no time to let our guard down. We might be part of the New American and members of the APA, but we are as alone today as we were in 2008. Your support and determination is what has gotten us to this point, and your support and determination is what will get us across the finish line. If you havent done so, please go to www.thepushforjustice.com and sign up.
Thank you for your ongoing support.