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Mesa takes Delta to court!

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737 Pylt

Um....Floats anyone??
Joined
Jul 8, 2003
Posts
3,085
http://biz.yahoo.com/ap/080407/mesa_air_delta_suit.html?.v=2

Hey JO,
I hope your miserable POS company nothing but the worst!
Sorry for everyone working for this miserable Lorenzo protoge!


AP
Mesa Air Sues Delta Over Contract
Monday April 7, 4:35 pm ET
By Chris Kahn, AP Business Writer Mesa Air Group Says It's Suing Delta Over Contract Dispute
PHOENIX (AP) -- Mesa Air Group Inc. filed a federal lawsuit Monday against Delta Air Lines Inc. to keep its contract-flying agreement intact, a lawyer for Mesa said. Mesa General Counsel Brian Gillman said the lawsuit filed in Atlanta was in response to Delta's announcement last week that it plans to end the contract.
"We're asking the court ... to require Delta to honor the contract as long as Mesa carries out its end of the bargain," Gillman said.

Losing Delta's contract would be a major blow to the Phoenix-based carrier. It was worth $20 million in revenue per month last year and comprised 21 percent of the carrier's total passenger revenue for the three-month period that ended Dec. 31.
Delta noted last week that Mesa's performance was lacking. Specifically, Mesa said, the Atlanta-based carrier criticized the number of ERJ-145 Delta Connection flights Mesa's subsidiary, Freedom Airlines, completed from September 2007 through February.
But Mesa said there's nothing wrong with the regional carrier's performance. It said Delta asked Mesa to cut flights and now is blaming the carrier for the low completion rate.
Mesa contends that Delta is simply trying to end its contract with Mesa in an effort to cut flights and boost profits.
"Now that Delta wants out of the contract, it has contrived a new way of calculating completion rate that counts those cancelations against Mesa," Gillman said.
"This new interpretation is obviously unreasonable, because it would give Delta the ability to declare default whenever it wanted just by canceling enough of Freedom's flights," he said.
Delta spokeswoman Chris Kelly wouldn't comment about the lawsuit except to say that Delta would "vigorously defend" itself.
"Delta has notified Freedom that we will be canceling the contract because operational performance has fallen below minimum levels required under the contract," Kelly said. "We expect the pull-down to be orderly and have minimal customer impact."
Mesa operates 182 aircraft to 157 cities and employs about 5,000 people. It operates as Delta Connection, US Airways Express and United Express under contractual agreements with Delta Air Lines, US Airways and United Airlines, respectively. In June 2006, Mesa launched go!, an inter-island service in Hawaii.
Bob McAdoo, an analyst with Avondale Partners, said it would be tough on Mesa if it lost the Delta contract. But the vacuum could be filled somewhat as go! responds to increasing demand in Hawaii following the shutdowns of ATA Airlines and Aloha Airlines.
Mesa's shares closed down 18 cents, or 12.8 percent, to $1.23. Delta shares rose 54 cents, or 6.2 percent, to $9.29. AP Business Writer Harry R. Weber in Atlanta contributed to this story.

737
 
"Delta has notified Freedom that we will be canceling the contract because operational performance has fallen below minimum levels required under the contract," Kelly said. "We expect the pull-down to be orderly and have minimal customer impact."

737


Who is the VP of Flt. ops responsible for overseeing such poor performance. That guy must be an idiot.
 
I hope J.O.'s lawyers got paid up front...
 
Sweeeet! Another nail in Jabba Orensteinfarbberg's coffin.
 
Thats it...Delta is done with...shut out the lights in ATL, the party is over...

hahahahah, Mesa is funny. Guess they figured they would try and go out with a bang.
 
Thats it...Delta is done with...shut out the lights in ATL, the party is over...

hahahahah, Mesa is funny. Guess they figured they would try and go out with a bang.

No. I guess they figured that Delta should honor the contract they signed. Delta asked us to cancel flights (command cx), pay us for them and now want to charge them against our performance. We met the goals....thats why they had to pull this BS.
 
No. I guess they figured that Delta should honor the contract they signed. Delta asked us to cancel flights (command cx), pay us for them and now want to charge them against our performance. We met the goals....thats why they had to pull this BS.

Stop whining.....
 
I hate to say it but my guess is Mesa wins this. Delta is looking ditch 50 seaters and this was a shot in the dark. I mean, how can Freedom ERJ's be out of compliance but not the 900s that are all on the came certificate and report under the same numbers?
 
I hate to say it but my guess is Mesa wins this. Delta is looking ditch 50 seaters and this was a shot in the dark. I mean, how can Freedom ERJ's be out of compliance but not the 900s that are all on the came certificate and report under the same numbers?

Separate contract perhaps? Or the contract allows for partial termination.

As for "reporting under the same numbers"...I'm sure DL can look at the 900 and ERJ numbers separately and they keep much more detailed numbers than what is reported to the government.
 
Last edited:
Separate contract perhaps? Or the contract allows for partial termination.

As for "reporting under the same numbers"...I'm sure DL can look at the 900 and ERJ numbers separately and they keep much more detailed numbers than what is reported to the government.

Their -900 flying is on a seperate contract, but they're still counted in Freedoms overall performance numbers. Delta breaks down everything to airframe specific, so Freedom's 900 ops can be subtracted from their overal numbers.
 
Their -900 flying is on a seperate contract, but they're still counted in Freedoms overall performance numbers. Delta breaks down everything to airframe specific, so Freedom's 900 ops can be subtracted from their overal numbers.

As I suspected...they can't be a whole lot better I bet.
 
No. I guess they figured that Delta should honor the contract they signed. Delta asked us to cancel flights (command cx), pay us for them and now want to charge them against our performance. We met the goals....thats why they had to pull this BS.

Really?? Because Delta asks comair to cnx flights so they can get slots from them too. Lets compare some numbers.

From the DOT website for freedom specifically sorted for JFK for JAN and FEB.

CNX - 14.1%
ontime - 53%
air carrier delay - 16%

Comair's sorted for JFK

CNX - 6.78%
ontime - 65%
air carrier delay - 8%

Don't try to tell me they asked you guys to cnx any more flights than they asked comair to.


source http://www.transtats.bts.gov/OT_Delay/OT_DelayCause1.asp?pn=1
 
Delta decided to go forward with this lawsuit knowing one of two things.
either
1. Delta has a solid out on this contract and the lawsuit by MESA will go nowhere.
or
2. Delta knows that Mesa will, in very short order, go under. Delta may be counting on the fact that Aloha's lawsuit will drain Mesa. There would be no point for a defunct Mesa to continue with a lawsuit against Delta only to give the proceeds to Aloha.
 
Or Delta is losing so much on the 50 seat flying they don't care if they go to court it's worth the shot to get out of that contract. Delta may send Mesa into BK then Delta can cancel anyway, so its a win win.
 
No. I guess they figured that Delta should honor the contract they signed. Delta asked us to cancel flights (command cx), pay us for them and now want to charge them against our performance. We met the goals....thats why they had to pull this BS.

You are one of those Freedom dorks that tells the chicks at the bar you fly for DELTA right?? stop defending mesa. dooook aka JO's lapdog
 
Me thinks Delta's legal team is WAY smarter than Mesa's legal team......
Is this because you thinks major airline employees are WAY smarter than regional airline employees?
 
Is this because you thinks major airline employees are WAY smarter than regional airline employees?


No, Its because they have more money. And unless you don't know, more money equals helluva lot better lawyers.

Just ask OJ Simpson!
 
2. Delta knows that Mesa will, in very short order, go under. Delta may be counting on the fact that Aloha's lawsuit will drain Mesa. There would be no point for a defunct Mesa to continue with a lawsuit against Delta only to give the proceeds to Aloha.

I could see that.

MESA is close to 1 dollar. 1 dollar means delisting. You can buy something off of the Value Menu or you can buy MESA. Wow.

Their market cap is now equivalent to the annual payroll of the Kansas City Royals.



Mesa Air Wants to Issue More Shares
Tuesday April 8, 7:50 pm ET
By Chris Kahn, Associated Press Writer Mesa Air Group Will Ask Shareholders to Approve Up to $37.8M in New Stock to Pay Off Debt

PHOENIX (AP) -- With its $20-million-a-month Delta Air Lines contract in jeopardy, Mesa Air Group Inc. wants shareholders to allow the carrier to issue up to $37.8 million in common stock to pay off its looming debt.
The amount is more than the total market value of the Phoenix-based commuter airline Tuesday.
Mesa said in a securities filing that it will ask shareholders at the company's annual meeting May 13 to approve the plan to issue new stock so it can repay senior convertible notes in June.
Mesa offered the convertible notes in 2003 to raise $100.1 million. The notes aren't due until 2023, but holders can force the company to repurchase the notes on June 16, 2008.
"The company is preserving its options regarding the payment obligations" on those notes, Mesa General Counsel Brian Gillman said in an interview.
Robert Mann, an independent airline analyst in Port Washington, N.Y., said this could be a reliable way to raise cash, especially with banks increasingly reluctant to loan airlines more money.
"There's just not an appetite to extend further credit to airlines," Mann said.
Mesa told shareholders in the securities filing that it needs the flexibility to pay bondholders with stock. Forcing it to use cash right now "would have a material averse effect on the company's financial condition," the company said.
The airline recently has been roughed up by a series of bad news that's drained its cash reserves.
Mesa's new subsidiary go!, an inter-island airline in Hawaii, sparked a price war among competing carriers and reported a $20 million operating loss in the first 16 months of operation.
Last October, a federal judge ordered Mesa to pay $80 million to rival Hawaiian Airlines Inc. after determining that a Mesa executive intentionally destroyed evidence related to a lawsuit filed by Hawaiian. Hawaiian claimed the evidence would have shown the launch of go! was aided by Mesa's misuse of proprietary information it gathered as a potential investor during Hawaiian's bankruptcy.
In March, Delta Air Lines Inc. said it planned to pull a contract-flying agreement worth $20 million a month with another Mesa subsidiary, Freedom Airlines. Delta said Freedom's carriers had a poor flight completion rate, but Mesa disputes that claim.
They're suing the carrier to keep the contract intact. Mesa's shares rose 9 cents, or 7.3 percent, to $1.32 Tuesday.
 
Really?? Because Delta asks comair to cnx flights so they can get slots from them too. Lets compare some numbers.

From the DOT website for freedom specifically sorted for JFK for JAN and FEB.

CNX - 14.1%
ontime - 53%
air carrier delay - 16%

Comair's sorted for JFK

CNX - 6.78%
ontime - 65%
air carrier delay - 8%

Don't try to tell me they asked you guys to cnx any more flights than they asked comair to.




source http://www.transtats.bts.gov/OT_Delay/OT_DelayCause1.asp?pn=1

Not the same contract....skipper.
 
Getting rid of Mesa would be the best thing Delta could do for its customers, and its image. Sorry Mesa(Freedom) Pilots, the truth can be painful. But I ride in the back commuting and see first hand the delays, cancellations, etc. Granted, the help in ATL didn't do you any favors, but thankfully my city was served by 3 other Delta carriers(including mainline). And none of them were as bad as Freedom for reliability. I feel for the guys who stuck with Mesa. Its never good to have the feeling your on a sinking ship. I hope better times are coming for all of us. Hint-Pilot wages/work rules won't save the Company from poor management.

I guess ole JO is about to see "what goes around comes around".
 
No. I guess they figured that Delta should honor the contract they signed. Delta asked us to cancel flights (command cx), pay us for them and now want to charge them against our performance. We met the goals....thats why they had to pull this BS.


Stop the crying Mesa scumbag. Your spineless pilot group has screwed over so many fellow pilots over the years by working for substandard wages and benefits, thus bringing everyone down to your level, or worse putting them on the street, that you will get no sympathy here. I hope you are on the street very soon.
 
Look up there numbers for ORD for Jan and Feb. http://www.transtats.bts.gov/OT_Delay/OT_DelayCause1.asp?pn=1

How does United put up with this crap?

Cnx- 18%
ontime - 39%


2 our of every 10 flights didnt go.

Skywest cnx rate wasnt too much better which makes me think it was weather but atleast they weren't 18%!

skywest

Cnx- 14%
ontime - 51%


Come on United wake up and join the club and give mesa the boot.
 
No. I guess they figured that Delta should honor the contract they signed. Delta asked us to cancel flights (command cx), pay us for them and now want to charge them against our performance. We met the goals....thats why they had to pull this BS.


Honor the contract they signed? Kind of like Mesa should honor the contract they signed with Hawaiin and Aloha not to compete after seeing their financials? I guess the rule of law only applies when it's in your favor, right?
 
Mesa closed at $.96 a share today. Holy sheet.
 

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