American Airlines Flow-Thru Pilots Coalition et al v. Allied Pilots Association et al
Filing
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ORDER VACATING HEARING DATE AND REQUESTING FURTHER BRIEFING. Signed by Judge Richard Seeborg on 6/30/17. (cl, COURT STAFF) (Filed on 6/30/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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AMERICAN AIRLINES FLOW-THRU
PILOTS COALITION, ET AL.,
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United States District Court
Northern District of California
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Plaintiffs,
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Case No. 17-cv-01160-RS
ORDER VACATING HEARING DATE
AND REQUESTING FURTHER
BRIEFING
v.
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ALLIED PILOTS ASSOCIATION, et al.,
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Defendants.
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Defendant Allied Pilots Association (“the Association”) has moved to dismiss this action
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pursuant to the so-called “first-to-file rule.” The Association contends a “substantially-similar
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action,” Bakos v. American Airlines, Inc., E.D. Pa. Case No. 2:17-cv-00402-WB, involves
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“substantially similar parties and substantially-similar claims,” and that it seeks relief
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incompatible with the relief plaintiffs seek here. Bakos was filed on January 27, 2017,
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approximately five weeks prior to the initiation of this action on March 6, 2017. Alternatively, the
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Association seeks a transfer of this action to the Eastern District of Pennsylvania pursuant to 28
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U.S.C. § 1404(a). Defendant American Airlines separately moves to dismiss, contending the
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operative complaint fails to state a claim against it. The motions are presently set to be heard on
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July 6, 2017.
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Earlier this week, the Eastern District of Pennsylvania issued a decision dismissing the
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Bakos complaint without leave to amend. The Association provided a copy of that ruling, and
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suggests that the parties merely present argument as to its potential impact on the Association’s
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motion at the upcoming hearing.
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In light of the various consequences that conceivably could flow from the decision, judicial
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efficiency warrants soliciting further advance briefing, rather than attempting to address the matter
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solely at the hearing. Accordingly, the hearing set for July 6, 2017 is hereby vacated. Within one
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week of the date of this order, the Association shall file a supplemental brief, not to exceed 10
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pages, addressing the impact of the decision in Bakos. By the same deadline, American Airlines
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may also file a supplemental brief, not to exceed 10 pages, in the event it contends the decision has
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any bearing on its motion. Within one week thereafter, plaintiffs may file a response, not to
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exceed 10 pages, to the supplemental brief of the Association, and a response, of no more than 10
pages, to the supplemental brief of American Airlines, if any. The matter will then be reset for
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United States District Court
Northern District of California
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argument, or submitted without hearing, in the Court’s discretion.
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IT IS SO ORDERED.
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Dated: June 30, 2017
______________________________________
RICHARD SEEBORG
United States District Judge
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CASE NO.
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17-cv-01160-RS
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