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Mesa Vs. Delta

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None of their current service partners seem at all interested in doing business with them and unfortunately, thats most of the industry.

That's actually not true. They have already had talks with LCC about a new contact for the 38 crj900's and the 700's for UA are under contract for like 10 more yrs. If Mesa can find a way to keep the LCC flying (and I think they will as Mesa has no choice and LCC only cares about doing it on the cheep) they will be around for at least the next decade. Sorry to bust your bubble.
 
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
-6arevenue
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 .
 
Finally, Delta reiterated to Plaintiffs in early 2008 that coordinated cancellations did not count as completed flights. ...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. . . .

Much as I believe Mesa deserves to go away based on their complete lack of regard for their employees' role in the airline's profitability, I'm concerned that something is not right here...i.e. we're not getting the whole story from either side.

Apparently it clearly states in the agreement that coordinated cancellations don't count as completed flights. So why would Delta "ask" Mesa to voluntarily cancel flights? (Were they hoping Mesa would just be stupid and put their whole contract at risk?) And why would Mesa, who we know is business-savvy if absolutely nothing else, agree to actually be stupid and shoot themselves in the foot? I have a feeling that Mesa for one reason or another had no way of actually operating the cancelled flights in question.

That is the most likely truth; however, if Mesa was duped by a dishonest wink and a handshake from Delta, we all need to hope that our own regional managers learn something from the incident. It is abundantly clear that someone was being deceitful here.
 
Just to add one more rumor...

I heard from an ASA mechanic about two weeks ago, that he was aware of a high-level meeting in which it was discussed that ASA had just put in an offer to purchase Mesa. When I asked whether it meant just the assets or the entire airline, he said, "the entire airline." For what that's worth...
 
Just to add one more rumor...

I heard from an ASA mechanic about two weeks ago, that he was aware of a high-level meeting in which it was discussed that ASA had just put in an offer to purchase Mesa. When I asked whether it meant just the assets or the entire airline, he said, "the entire airline." For what that's worth...
PHX base here we come!!! I doubt it though, I think it would be St George that would do that (buy them or assets), then Jerry will give it to his kids first! We (AS "A") are second to St George and always will be.
 
Seems like Mesa is rolling over. They can appeal this if they don't like it. Maybe they can't fight due to lack of funding. Federal rulings get turned all the time. Seems like a good way for management of Mesa to walk out the back door.
 

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