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Leonidas Update November 16, 2013

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There has been a flurry of filings since trial closed in several actions affecting the West Pilots, particularly in light of the settlement between US Airways, American and the Department of Justice. The West Pilots (and Leonidas) have consistently supported the merger and are excited to be a part of the “New American.” After the settlement was announced, there were a number of filings in the lawsuit filed by the Department of Justice, including stipulated orders to dismiss the case, which were entered by Judge Kottar-Kotelly on November 12, 2013. The Company has indicated that the merger will close in mid-December. 

DFR Lawsuit 

Per the Court’s order, Plaintiffs and USAPA filed briefs summarizing the evidence on October 31, 2013, Doc 259 and 260 respectively. On November 6, 2013, the West Class attorneys and USAPA filed their responsive briefs in Addington II trial, Doc 263 and 264 respectively. US Airways did not file any substantive documents relating to the evidence presented at trial. 

As many of you know, USAPA and US Airways filed motions for summary judgment prior to trial, Doc 211212213214215. After the close of trial, the Court ordered responses to US Airways Motion and USAPA’s Motion (only as it related to the duty of fair representation claim, Doc 250

US Airways motion asked the Court to enter a declaratory judgment that the “West Pilots have the right under Federal McCaskill-Bond statute to full and separate representation in the upcoming seniority-integration proceedings between the pilots employed by US Airways and American Airlines, Inc.”, Doc 212. Plaintiffs’ filed a Response and Separate Statement of Facts in support of this Motion on November 14, 2013, Doc 266 and 268. Not surprisingly, USAPA opposed the motion, Doc. Doc 270. US Airways will file a reply on Monday, November 18, 2013. 

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Leonidas Update October 31, 2013

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We want to let you know about a small change in the organization of our legal representation. Henceforth, Marty Harper will represent us as Marty Harper, PLLC as he is retiring from Polsinelli. Andy and Jennifer will remain at Polsinelli and nothing will change other than Marty’s law firm affiliation. Marty is committed to seeing us through to the final resolution of all of our claims and representational issues against USAPA. We have been litigating for more than six years to protect our seniority interests and during that time, we have survived many challenges. We had no allies when we banded together back in 2008. To everyone else, the solution was for the West Pilots to simply give up. Instead, we chose to assert our legal rights and because we chose to stand and fight, the Nicolau is very much alive and well, ready to be implemented. The West is still here for two reasons: our unity, and our incredible legal team led by Marty Harper. Both are still here and very much intact.  

We are planning for another "Meet and Greet" during the second or third week of November. We will let you know as soon as we finalize the date, time and location.  

Thank you for your continued support.   

Sincerely, 

Leonidas, LLC 

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Leonidas Update October 21, 2013

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As a reminder, court begins at 8:30 AM Tuesday October 22. The Location is: 

The Sandra Day O’Connor United States Courthouse
401 West Washington Street
Phoenix, Arizona 85003
Courtroom 601 

Business casual attire is recommend and remember that comments when court is in session are to be avoided. Additionally, cell phone usage and texting in court are prohibited. 

Sincerely, 

Leonidas, LLC

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Leonidas Update October 24, 2013

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Yesterday, October 23, the trial portion of the Addington II case concluded after two days of proceedings in front of Judge Roslyn O. Silver. The crux of the matter centered around two questions: 

1. Did USAPA violate its Duty of Fair Representation (DFR) to the West pilot Class by agreeing to an MOU that it now asserts “wiped the slate clean” with respect to East/West seniority integration in the pending merger with American Airlines and gives USAPA the right to proceed by majority rule, without regard to the 2005 Transition Agreement or the Nicolau Award? 

2. Is USAPA capable of fairly representing the West pilot Class during the seniority list integration process with the APA? And if not, are the West Pilots entitled to their own representation in the seniority integration process with APA? 

The West Pilots presented testimony of six live witnesses: Jeff Koontz, Ken Holmes, John Scherff, Brian Stockdell, Johan Devicq and AC Iranpour. Plaintiffs also presented additional testimony by USAPA Vice-President Bradford through video-taped testimony taken in September. 

Four live witnesses testified on behalf of USAPA: Dean Colello, John Owens, Jess Pauley and Bob Davison. Due to his medical condition, USAPA President Hummel was not able to participate as a witness, either in person or by video/phone. Judge Silver ordered the two parties to discuss the possibility of submitting any testimony by President Hummel, beyond what is already in his September deposition and submit any such mutually agreed upon evidence to the Court by Friday. US Airways did not provide any witnesses or examine any of the witnesses offered by the West Pilots or USAPA. 

After the evidence had been presented, Judge Silver indicated that she would order an expedited briefing schedule with respect to the Motion for Summary Judgment filed by US Airways, Doc. 212, and perhaps also with respect to USAPA’s Motion for Summary Judgment, Doc. 211. We expect her to issue an official order on this matter very shortly. 

Today, both the West Pilots and USAPA filed notices with the Court indicating which deposition transcripts and the portions of those transcripts should be considered as part of the record. In their notice, Plaintiffs also indicated that all of the exhibits marked should be considered part of the formal record. These documents can be found here: Doc. 247248

Finally, Judge Silver has also ordered the parties to submit a summary of the evidence to establish their positions, no later than October 31, 2013 with the response to those briefs due no later than November 6, 2013. The summaries are limited to fifteen pages in length and the responses are limited to 10 pages. This order can be found here: Doc. 244

Once these additional briefings are filed, Judge Silver can issue her decision in this matter at any time. Unfortunately, there is no set time frame for her to reach a decision. 

All documents in regard to this case, including the Court Transcripts and Depositions not marked confidential are available on the cactuspilot.com website. 

It has been a long 6 years since Arbitrator Nicolau issued his Arbitration Award. Now that this case is in its final stages, we are hopeful that it will provide for a final resolution so that all US Airways can look forward to the end of years of litigation and set their sights on creating a better future for all of us at the New American Airlines. 

As always, thank you for your support. 

Leonidas, LLC 

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leonidas Update September 25, 2013

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As we predicted, earlier today, Judges Tashima, Ikuna and Smith of the Ninth Circuit Court of Appeals issued an order denying USAPA’s Writ of Mandamus petition, as well as USAPA’s Motion to Stay the trial before Judge Silver, stating that USAPA “has not demonstrated that this cases warrants the intervention of this court by means of the extraordinary remedy of mandamus.” You can read the order here. With today’s order from the Ninth, there is nothing standing in between USAPA and DFR trial number two. 

Sincerely,

Leonidas, LLC