If JO's mouth is moving you know he's lying. Looks like the court had a decidedly different view than what JO had. He got caught with his hand in the cookie jar, he knows it, and like always he just blames it on someone else and say that he is right no matter what anyone else says.
To begin, for the reasons and evidence discussed extensively above,
the Court does not accept that Ms . Boyd orally agreed to give Freedom credit for
coordinated cancellations and flights cancelled because of ground handler damage
and to count flights completed more than four hours late as completed flights .
180. The record is replete with contemporaneous documents (most of
which are Plaintiffs' internal documents) that are inconsistent with or directly
contradict the testimony of Mr. Bates that such an agreement occurred . When the
entire record is considered, the Court concludes that Plaintiffs have failed to
establish the existence of this oral agreement by a preponderance of the evidence .
Moreover, the record indicates that Mr . Bates was aware, as evidenced by
subsequent e-mails, of the contractual prohibition on oral modifications, further
indicating that the alleged oral agreement cannot support a claim for equitable
estoppels here .
181 . Nor can the lack of response by Delta to two discrete e-mails support
the estoppel claim .
182 . During negotiation of the ERJ Agreement, Delta made Plaintiffs
aware that the completion factor was a "total" completion factor and "allinclusive
." [Hrg. Tr. at 377 :8-379:1] Further, the ERJ Agreement unequivocally
states that flights completed more than four hours late and flights operated with no
Case 1:08-cv-01334-CC Document 180 Filed 05/17/2010 Page 59 of 78
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passengers are not deemed completed, and Plaintiffs were aware that such
flights should not be counted . [PI . Ex. 21 § 11(F)(iv) ; Def. Ex. 18, 19; Hrg. Tr. at
260 :2-261 :4] Finally, Delta reiterated to Plaintiffs in early 2008 that coordinated
cancellations did not count as completed flights . [Def. Ex . 31 ; Trial Tr. at 298 ;3-
91
183 . Plaintiffs, therefore, knew the truth concerning the proper treatment of
coordinated cancellations and flights completed more than four hours late in
calculating Freedom's completion rate and cannot now rely on Delta's alleged
silence with respect to the July 13, 2007 and December 21, 2007 e-mails to suggest
otherwise . See, e.g., Bell v. Studdard, 141 S .E.2d 536, 540 (Ga . 1965) (no
equitable estoppel where party asserting doctrine knew truth of facts in question) ;
Morey v. Brown Milling Co ., 469 S .E.2d 387, 390 (Ga. Ct. App . 1996) (same). 13
184 . Nor have Plaintiffs introduced any evidence demonstrating that Delta
intended for Plaintiffs to rely on its failure to respond to those e-mails as proof that
it agreed with their calculation of the completion rate .