Addington et al v. US Airline Pilots Association et al, No. 2:2008cv01633 - Document 637 (D. Ariz. 2010)

Court Description: ORDER staying pending decision of the appeal of 7/17/09 or until further order of this Court the 600 Motion for Attorney Fees and 620 Motion to Dismiss Case; deferring ruling on 620 Motion to Dismiss 2nd Amended Complaint. FURTHER ORDERED vacating the oral argument on pla's motion for award of attorneys' fees 600 and dfts' motion to dismiss 2nd amended complaint 620 set for 2/24/10. Signed by Judge Neil V Wake on 2/11/10.(LAD)
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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Don Addington; John Bostic; Mark) Burman; Afshin Iranpour; Roger Velez;) ) Steve Wargocki, ) ) Plaintiffs, ) ) vs. ) US Airline Pilots Association; US) ) Airways, Inc., ) ) Defendants. __________________________________) Don Addington; John Bostic; Mark) Burman; Afshin Iranpour; Roger Velez;) ) Steve Wargocki, et al., ) ) Plaintiffs, ) ) vs. ) Steven Bradford; Paul Diorio; Robert) Frear; Mark King; Douglas Mowery; John) ) Stephan, et al., ) ) Defendants. ) No. CV 08-1633-PHX-NVW (consolidated) ORDER CV08-1728-PHX-NVW Before the Court are Plaintiffs Motion for Award of Attorneys Fees (doc. # 600) 23 and Defendants Motion to Dismiss Second Amended Complaint (doc. # 620). On 24 February 9, 2010, the counsel for all parties participated in a status conference with the 25 Court regarding whether to stay proceedings in this Court pending the current appeal in 26 the Ninth Circuit. The Court took the issue under advisement, set oral argument on 27 pending motions on attorneys fees and dismissal tentatively for February 24, 2010, and 28 indicated it would issue its ruling on a stay shortly. (Doc. # 634.) This is that ruling. 1 On July 23, 2009, USAPA filed a notice of appeal to the Ninth Circuit from the 2 Partial Judgment and Permanent Injunction (doc. # 594) filed July 17, 2009, and sought 3 an expeditious hearing. (Doc. # 595.) The Ninth Circuit processed USAPA s appeal 4 expeditiously and heard oral argument on December 8, 2009. The Ninth Circuit likely 5 will also render its rulings on the appeal expeditiously. 6 The parties agree that if the Ninth Circuit reverses the July 17, 2009 partial 7 judgment and permanent injunction, the pending motions will be moot, and staying 8 proceedings will have had no adverse effect on Plaintiffs. If the Ninth Circuit affirms the 9 partial judgment in favor of Plaintiffs, a stay will have delayed resolution of Plaintiffs 10 claims for attorneys fees and individual damages for the length of the stay. Defendants 11 seek a stay of one to three months. However, the Ninth Circuit may make rulings on the 12 appeal that should be considered in deciding the pending motions to ensure that the 13 Court s rulings are consistent with the Ninth Circuit s rulings. Weighing these competing 14 legitimate interests, the Court concludes that it is likely that a decision on appeal will be 15 made expeditiously and that the net balance of fairness and economy to all parties favors 16 a stay of the pending motions and of the case until then. 17 IT IS THEREFORE ORDERED that Plaintiffs Motion for Award of Attorneys Fees 18 (doc. # 600), Defendants Motion to Dismiss Second Amended Complaint (doc. # 620), the 19 proceedings in this Court are stayed pending decision of the appeal of the July 17, 2009 20 partial judgment and permanent injunction in the Ninth Circuit, Case No. 09-16564, or until 21 further order of this Court. 22 IT IS FURTHER ORDERED vacating the oral argument on Plaintiffs Motion for 23 Award of Attorneys Fees (doc. # 600) and Defendants Motion to Dismiss Second Amended 24 Complaint (doc. # 620) set for February 24, 2010. 25 DATED this 11th day of February, 2010. 26 27 28 -2-