U.S. government, two airlines say open to settling merger fight

[jellynuts]

The next step comes Monday when the warring parties are scheduled to meet with Levie in an effort to resolve the impasse. On Tuesday, there?s a status conference with U.S. District Judge Colleen Kollar-Kotelly, who is hearing the case.

Sometime after that, sooner rather than later, Levie is expected to rule.


In Friday?s filing, the airlines (the defendants) explain why the DOJ (the plaintiffs) are wrong and should be required to provide the names who may have influenced the DOJ?s decision to file a lawsuit:

?Plaintiffs acknowledge that Interrogatory 1 seeks only facts and names?yet insist it seeks attorney mental impressions. It does not. It seeks only relevant ?factual information? provided by third-party interviewees, and the identities of those interviewees.

?The government cannot hide these facts behind the work-product doctrine simply because they are recorded in legal memoranda ? the memoranda may be protected, but the facts are not.?

 

[Tweaker]

Who is Levie?

 

[AeroDMB]

special master

 

[Tweaker]

Hmm. Sounds racist.

 

[dugan jones]

special master

Is special master like master bater?

 

[JumpersAway]

I think the DoJ is terrified that some of those that influenced the decision to block the merger will be linked to other mainline airlines. If so, and other airlines are found to be behind the lawsuit, the case is as good as dead. My best legal guess is that the DoJ will, indeed, be required to turn over the names of those they interviewed before filing the lawsuit.

 

[dollacrackho]

I think the DoJ is terrified that some of those that influenced the decision to block the merger will be linked to other mainline airlines. If so, and other airlines are found to be behind the lawsuit, the case is as good as dead. My best legal guess is that the DoJ will, indeed, be required to turn over the names of those they interviewed before filing the lawsuit.

I really hope they force the doj to give up the goods this week and that there are a couple airline management types involved. How freaking stupid would the doj look. Surely they can't be that dumb. Oh wait its the government yes they can.

 

[vetrider]

I think the DoJ is terrified that some of those that influenced the decision to block the merger will be linked to other mainline airlines. If so, and other airlines are found to be behind the lawsuit, the case is as good as dead. My best legal guess is that the DoJ will, indeed, be required to turn over the names of those they interviewed before filing the lawsuit.

I hope you are right. Alternatively though, if the DOJ gets away with this and any other like antics, I fear this merger is as good as dead.

 

[Tweaker]

The rule of law means not a damned thing to this administration. They rule by fiat and selectively waive or enforce the law.

- Defense of Marriage act
- unilaterally revising the timeline and exemptions in Owebamacare
- declaring federal marijuana laws will not be enforced
- declaring that there will be no enforcement of voting laws if the perpetrators are negroes
- submit ZERO budgets in the last what 5 years?

This will be a power contest, pure and simple. Don't bother with legalities, doodz. That's old school. We new skool nah.

 

[jhwk0309]

So wasn't a decision supposedly due today for whether the DOJ has to cough up some docs? Can't find anything online as of now. I know there's a status hearing tomorrow with the judge for the trial.

 

[dollacrackho]

I didn't see any timeline on when Levie had to decide by. The fact discovery phase is supposed to be done by Oct. 25th whatever that means.

 

[JumpersAway]

Levie is to decide in the next day or two. Also, the Judge is supposed to meet with both parties this week to make sure they're on schedule for the trial.

 

[jc3]

http://mobile.bloomberg.com/news/20...-amr-suit-because-of-shutdown.html?cmpid=yhoo

 

[Clayton Bigby]

http://mobile.bloomberg.com/news/20...-amr-suit-because-of-shutdown.html?cmpid=yhoo

Dicks.

 

[The Drizzle]

http://mobile.bloomberg.com/news/20...-amr-suit-because-of-shutdown.html?cmpid=yhoo

http://www.justice.gov/jmd/publications/doj-contingency-plan.pdf

"Antitrust Division (ATR): As a Presidential Appointee, the Assistant Attorney General is not subject to furlough. The excepted employees are needed to conduct or directly support ongoing criminal trials, prepare for criminal proceedings that have been scheduled for court (including the handling of arraignments, pleas, and sentencing hearings), and conduct or support ongoing civil litigation in which a continuance cannot be obtained. They will also prepare cases that must be filed due to Hart-Scott-Rodino or statute of limitations deadlines, only when an extension or waiver cannot be obtained and ATR leadership determines that allowing a proposed merger to go forward without objection would pose a reasonable likelihood of peril to property in which the United States has an immediate interest."

F-them.

 

[CFIfornow]

From USAPA update the Judge denied the DOJs request to delay the trial. The trial will continue as planned on 11/25. Additionally there is a press conference scheduled today at 2p.m. eastern. Speculation is that Texas will announce that it is pulling out of the lawsuit.

 

[Tweaker]

USAPA Update regarding DOJ Lawsuit

This morning, October 1, the DOJ filed a request to stay, or pause the lawsuit proceedings until such time Congress appropriates funds. In the motion (click here to view), the DOJ acknowledges that American and US Airways object to the motion. The DOJ said if the Judge ordered them to proceed they will consider it an order from her and they will proceed.
USAPA President Gary Hummel and USAPA General Counsel Brian O?Dwyer were in Washington, DC this morning for the Scheduling Conference regarding the DOJ lawsuit. In a hearing prior to the conference, Judge Colleen Kollar-Kotelly denied the DOJ?s request to stay the case. The Judge indicated she is aware of the merger expiration deadline of January 18, 2014 and will do her best to render a decision prior to that time. The trial will proceed as planned beginning on November 25, 2013.
On Thursday, October 3, USAPA attorneys, along with attorneys from all of the labor groups at US Airways and American, will attend a meeting with the Company?s Antitrust lawyers. This will be a briefing as well as a strategy session where they will discuss any request for future union involvement opposing the DOJ lawsuit.
Finally, should a settlement be reached with the DOJ, there is a 60-day subsequent public comment period. The Company can, and they have indicated they intend to, proceed with the merger without delay during that 60-day period.
USAPA Communications




Eric dickHolder GOT TOLD! SUCK IT!

 

[jc3]

Looks like the press conference with TX AG will be at 3 est. USAPA says it's not delayed, but some articles say she will decide today or tomorrow. Hopefully USAPA is right this one time.

 

[Dornier 335]

link

Abbott to hold conference with American Airlines officials
October 1, 2013

AUSTIN – Texas Attorney General Greg Abbott will join American Airlines CEO Tom Horton in a 2 p.m. press conference at DFW Airport today, raising speculation that the Republican gubernatorial candidate is preparing to reverse his controversial opposition to a merger between the Fort Worth-based airline and US Airways.

A press release from the attorney general’s office said the two officials “will discuss recent developments about American Airline’s long-term future in North Texas’” but spokesmen for Abbott and American declined to disclose further details in advance of the press conference.
“Stay tuned for 2 o’clock,” said Dan Hagan, American’s managing director of state and local affairs.
The development comes just two days before State Sen. Wendy Davis, a strong supporter of the merger, announces her political plans at a Thursday rally in Haltom City, where the Fort Worth Democrat is expected to declare her candidacy for governor.

Davis has signaled that the merger would be an issue in a likely race against Abbott, who has come under intense criticism in North Texas for joining the Obama Administration and the U.S. Justice Department in a suit to block the merger.
Abbott’s GOP primary opponent, former Texas Republican Party Chairman Tom Pauken, has also blasted the attorney general for trying to stand in the way of the merger.
Davis has written President Obama urging the Justice Department to drop the suit, saying it could jeopardize thousands of jobs both nationally and in the Dallas-Fort Worth Metroplex.

During an appearance on Sunday at a public policy conference hosted by the Texas Tribune, Davis said that no state in its “right mind” would turn away the effective relocation of Arizona-based US Airways to Texas through the merger.
“I disagree very strongly on that,” Davis said of the suit filed by the Obama Administration and six states, including Texas. She called American Airlines “an integral part of the Texas economy” and a “very integral part of Fort Worth.’’
Abbott, in an earlier interview at the Tribune Festival on Saturday, defended his decision to participate in the lawsuit, saying that “certain components” of the merger “violate anti-trust laws” and could hurt air service to rural Texas.

 

[Tweaker]

http://keranews.org/post/texas-drops-challenge-american-merger-airline-keep-large-dfw-hub

SUCK IT, Eric!