International Brotherhood of Teamsters, Airlines Division et al v. Allegiant Air, LLC et al

Filing 145

ORDER Denying 131 Motion for Sanctions. Signed by Judge Andrew P. Gordon on 5/28/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, AIRLINES
DIVISION; AIRLINE PROFESSIONALS
ASSOCIATION OF THE IBT, LOCAL
UNION NO. 1224,

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Plaintiffs,

Case No. 2:14-cv-00043-APG-GWF
ORDER DENYING MOTION FOR
CONTEMPT SANCTIONS
(Dkt. #131)

v.
ALLEGIANT AIR, LLC; ALLEGIANT
TRAVEL COMPANY,
Defendants.

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As part of an ongoing labor dispute, Teamsters has filed a motion for sanctions against
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Allegiant Air.1 The motion primarily consists of allegations that Allegiant did not comply with

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the preliminary injunction I issued on July 22, 2014. According to Teamsters, Allegiant has
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“done nothing ‘to better respect pilot seniority’ in compliance with this Court’s order. And the
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result is that [Allegiant has] not provided basic ‘predictability’ as required by that same order.’”2

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On May 1, 2015, after a three-day evidentiary hearing in a related case, I issued an order
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holding that Allegiant had indeed complied with the July preliminary injunction.3 Teamsters’

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motion for sanctions is therefore denied as moot to the extent that it tries to fault Allegiant for
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violating that injunction. The motion also contains references to misrepresentations Allegiant
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allegedly made to me before I issued the injunction.4 I have set a hearing for later this summer to

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address those allegations. If Teamsters can prove at that hearing that Allegiant misled me, it can
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again move for contempt sanctions.
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(Dkt. #131.)

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(Id. at 5.)

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(See Allegiant II, 2:15-cv-580-APG-GWF, Dkt. #33.)

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(See id. at 2-4, 7.)

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IT IS THEREFORE ORDERED that Teamsters’ motion for contempt sanctions (Dkt.
#131) is DENIED.
DATED this 28th day of May, 2015.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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