The MDA suit was largely thrown out because of the statute of limitation. They can't re-file anything because they ran out of time to begin with.
SHH! don't tell 'em that. Really upsets their world view.
Judge Gershon issued the following ruling on 3/27/08 inre: Naugler, et. al., v. ALPA.
CONCLUSION
"For the reasons discussed above, defendants’ motion to dismiss is granted in its entirety as to all of the Counts in plaintiffs’ First Amended Complaint. Plaintiffs’ motion for leave to file a Supplemental Complaint is granted.
Plaintiffs are directed to promptly serve and file their Supplemental Complaint, and defendants are directed to answer in accordance with the time limits of the Federal Rules of Civil Procedure. The parties are also directed to promptly proceed with discovery under the supervision
of Magistrate Judge Pohorelsky."
Note 17/P.29 states-
"The proposed Supplemental Complaint is unclear as to whether plaintiffs are alleging that they were actually recalled by US Airways or that they should have been deemed recalled under their theory of the case. Defendants appear to have interpreted the claims as only alleging the latter. Plaintiffs, however, clarified in their briefs and on the record that they were listed as active US Airways employees at the time of the award, and not only according to their theory that division employees are deemed recalled and entitled to mainline terms of employment. Under either theory, fact issues remain." (emphasis mine)
So, between 3/27 and today, Naugler, et. al. have filed a Supplemental Complaint, completed discovery, had the case docketed, heard, and decided in their favor, and are now just sitting back waiting for that big ALPA settlement check and a complete redo of the Nicolau list.
Never mind that it took from 10/05 to 3/08 for a decision in the preliminary case above. They've wrapped it all up in 5 weeks.
The collective east delusion would be hilarious were it not so injurious.
