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.
"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."
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.
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
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.
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.
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