Today, four filings were made related to the West pilots. First, AMR and the UCC jointly filed a motion to dismiss USAPA’s claim in the U.S. Bankruptcy Court in NY. You can read the AMR/UCC motion to dismiss here. Along with this motion, a memorandum in support was also filed which you can read here. We highly recommend that you read this second filing, particularly the argument section. We agree with a lot of what the UCC and AMR argue, but we take issue with their characterization of the West legal position. Nobody on the West wants to stop the merger. All we are demanding is that a final and binding arbitration be honored. That’s it.
The other two filings were USAPA’s motion to dismiss the West Pilots’ claim along with their memorandum in support. You can read these filings here and here. We can summarize both this way: (1) not ripe; (2) the DFR is a minor dispute and not a major dispute, meaning that we should be in front of another arbitrator instead of in federal court; and (3) that we fail to state a claim for several reasons. All we care to say about USAPA’s filings is that they present no new or novel arguments; what we read in them is exactly what we have heard all along. Nevertheless, we are delighted that the UCC and AMR argue quite persuasively in their filings that Addington II is ripe and should be adjudicated in Judge Silver’s court.
We have a busy docket ahead of us. Please review the scheduling order for a list of due dates. The final brief will be from the West and it is due on May 9th. Then there will be a joint status report filed by all the parties, followed by an in-court hearing on May 14th before Judge Silver. Once these briefs are submitted and once the hearing is completed, we expect that Judge Silver will rule on whether the West is entitled to a preliminary injunction that mandates use of the Nicolau. We expect that decision to arrive in late summer or early fall. If successful, then we will return to court to litigate over the issuance of a permanent injunction. That second process will likely involve a trial, just like the trial that was held before Judge Conrad in the US Airways suit against USAPA in North Carolina wherein witnesses were called and arguments were made.
Finally, we would like to announce that a Meet and Greet with the West attorneys is scheduled for Friday, May 17th at 9AM. The location is the Coast Phoenix Sky Harbor Hotel, 4300 East Washington Street, Phoenix, AZ 85034 in the Oasis Room, 602-273-7778. In the meantime, we thank you for your unwavering support. Six years ago, nobody believed the West pilot group would stick together. We did, and we do believe that all your faith, trust and support is about to pay off.
Have a great evening.
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