Addington et al v. US Airline Pilots Association et al

Filing 223

ORDER: The parties shall telephone chambers and schedule an immediate telephone conference to discuss any objections to vacating the Courts February 23, 2009 order (doc. # 210). This conference will also address the parties Notice of Discovery Dispute filed today (doc. # 222). See text of attached order for full details. Signed by Judge Neil V Wake on 3/3/09. (SJF)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 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

Previously, this Court expressed uncertainty regarding whether a hearing was necessary to the disposition of Plaintiffs' Motion for Class Certification (doc. # 120). An order was issued directing counsel to file a joint pretrial statement respecting certification to help the Court determine the possible value of such a hearing. (Doc. # 210.) The Court issued this order before the certification briefing was complete.

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Now that the briefing is complete, the Court doubts that any such hearing is necessary and is inclined to vacate the order directing preparation for such a hearing (doc. # 210). Both parties have had the opportunity to present evidence with their briefs, and it appears that no hearing is necessary for a prompt ruling to be issued on the certification motion (doc. # 120). A needless hearing would only divert time and resources from the merits of this case. IT IS THEREFORE ORDERED: The parties shall telephone chambers and schedule an immediate telephone conference to discuss any objections to vacating the Court's February 23, 2009 order (doc. # 210). This conference will also address the parties' Notice of Discovery Dispute filed today (doc. # 222). DATED this 3rd day of March, 2009.

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