SILVER Rules: East Can Submit What They Want

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A Rumor:

C. Injunction Covers Those Acting in Concert
The foregoing discussion is subject to a potentially large qualification. As explained above, the injunction will not explicitly reach nonparties. But the injunction will, as contemplated by Rule 65(d)(2), cover (1) USAPA; (2) USAPA’s officers, agents, servants, employees, and attorneys; and (3) “other persons who are in active concert or participation with anyone described” in numbers 1 and 2. This means that the new East Pilots Merger Committee will have to decide whether it is, in fact, subject to the injunction. Clearly on this record the West Pilots have not established the new committee is in active concert or collusion with USAPA or USAPA’s agents. But if the members of the new committee are working with USAPA or USAPA’s agents, the injunction shall prohibit the new committee from advocating something other than the Nicolau Award. Members of the new committee working in concert with USAPA who advocate something other than the Nicolau Award will be subject to contempt sanctions.
The new committee members and their counsel must decide, at their substantial peril, whether they are subject to the injunction."

"D. Conclusion
The West Pilots knew within three days of the Ninth Circuit’s decision that
USAPA had withdrawn from the arbitration and that the East Pilots would seek to have non-USAPA representatives at the arbitration. Therefore, the West Pilots had time to ask the Ninth Circuit to revise its injunction analysis to cover that possibility but did not do so. Based on the Ninth Circuit’s instructions, this Court likely does not have the power to grant the West Pilots relief the Ninth Circuit was unwilling to provide. But even if this Court had such power, it would be not appropriate.
Accordingly,
IT IS ORDERED the Motion for Rule 25(c) Joinder of [the APA] and For
Issuance of Permanent Injunction (Doc. 317) is DENIED IN PART AND GRANTED
IN PART. The request for substitution is DENIED but the request for Permanent
Injunction is GRANTED.
IT IS FURTHER ORDERED USAPA and its officers, agents, servants,
employees, and attorneys, and those persons in active concert or participation with them
who receive actual notice of this order are hereby enjoined from taking any action on
behalf of legacy US Airways East pilots in the McCaskill-Bond proceedings, including
any seniority-related discussions leading up to those proceedings, except to the extent
that they advocate the Nicolau Award.
IT IS FURTHER ORDERED the Allied Pilots Association is JOINED as a
Defendant.
IT IS FURTHER ORDERED the Request for Judicial Notice (Doc. 332) is
GRANTED.
IT IS FURTHER ORDERED the hearing set for September 24, 2015 is
VACATED.
Dated this 22nd day of September, 2015.
Honorable Roslyn O. Silver
Senior United States District Judge"
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Not a rumor, unfortunately it's true. She is one crazy ho.
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Hahahahaha
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Quote: Not a rumor, unfortunately it's true. She is one crazy ho.
What was it you said? Oh yeah:

"BOOM!
Aapsic took their medicine, the easties are too stupid to even comprehend. Can you imagine getting a do over and again telling the arbs they can't use the Nic.? Further, can you imagine the lunacy of saying such a thing right before they go into Silvers court room?"

Who is the lunatic now cacti?

When will you learn to keep your predictions to yourself? Don't get what you want and call the judge a Ho. Typical.
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Is she senile?
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Seems fairly sane to me... I mean, she quoted Tashima, so she is pretty smart.

"The conclusion that nonparties should not be subject to the injunction comports with the wishes of APA, US Airways, and most importantly, the McCaskill-Bond arbitration panel. That panel, while ostensibly leaving the decision up to this Court, strongly hinted that unfettered participation of the new East Pilots Merger Committee
will be advantageous. The panel is well-aware of the history between the East and West Pilots and, in fact, the panel has made clear that the Nicolau Award will receive the appropriate amount of weight regardless of the positions put forth by the various merger committees. That is, the arbitrators are on record as stating it will give the Nicolau Award “the weight we believe it is entitled to receive in the context of a particular
seniority integration methodology that we utilize to develop a fair and equitable integrated list.” (Doc. 322-6 at 19). Thus, the arbitrators know that an argument in favor of the Nicolau Award from the East Pilots would only be due to court coercion. And knowing of that coercion, the arbitrators would have “little reason [to] take” any suggestions seriously. Addington, 791 F.3d at 1002 (Tashima, J., dissenting). There is
no sound basis for requiring such an empty act by the new East Pilots Merger Committee."
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No reason to jump for joy.

She just wanted it to be a fair fight and it will depend on how the BOA interprets 1000 different things.

The hearings should be fun.
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Quote: What was it you said? Oh yeah:

"BOOM!
Aapsic took their medicine, the easties are too stupid to even comprehend. Can you imagine getting a do over and again telling the arbs they can't use the Nic.? Further, can you imagine the lunacy of saying such a thing right before they go into Silvers court room?"

Who is the lunatic now cacti?

When will you learn to keep your predictions to yourself? Do get what you want and call the judge a Ho. Typical.
I never ever made a prediction on how she would rule, no other judge in phx would have ruled that way, she is ridiculous. A "Silver" lining to this is she kills any lawsuit the east had in the can.
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Quote: No reason to jump for joy.

She just wanted it to be a fair fight and it will depend on how the BOA interprets 1000 different things.

The hearings should be fun.
The belated joy is that at long last the courts have finally conceded that they never had the power or intellect to play any constructive role in the SLI and are finally bowing out of any further interference.
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Quote: The belated joy is that at long last the courts have finally conceded that they never had the power or intellect to play any constructive role in the SLI and are finally bowing out of any further interference.
True true but you can never guess the outcome of an arbitration. A prime example was the LUS East heart attack/brain hemorrhage over the Nic.
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