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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 5 6 INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AIRLINES DIVISION; AIRLINE PROFESSIONALS ASSOCIATION OF THE IBT, LOCAL UNION NO. 1224, 7 8 9 10 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. 11 12 As part of an ongoing labor dispute, Teamsters has filed a motion for sanctions against 13 Allegiant Air.1 The motion primarily consists of allegations that Allegiant did not comply with 14 the preliminary injunction I issued on July 22, 2014. According to Teamsters, Allegiant has 15 “done nothing ‘to better respect pilot seniority’ in compliance with this Court’s order. And the 16 result is that [Allegiant has] not provided basic ‘predictability’ as required by that same order.’”2 17 On May 1, 2015, after a three-day evidentiary hearing in a related case, I issued an order 18 holding that Allegiant had indeed complied with the July preliminary injunction.3 Teamsters’ 19 motion for sanctions is therefore denied as moot to the extent that it tries to fault Allegiant for 20 violating that injunction. The motion also contains references to misrepresentations Allegiant 21 allegedly made to me before I issued the injunction.4 I have set a hearing for later this summer to 22 address those allegations. If Teamsters can prove at that hearing that Allegiant misled me, it can 23 again move for contempt sanctions. 24 25 1 (Dkt. #131.) 26 2 (Id. at 5.) 27 3 (See Allegiant II, 2:15-cv-580-APG-GWF, Dkt. #33.) 4 (See id. at 2-4, 7.) 28 1 2 3 IT IS THEREFORE ORDERED that Teamsters’ motion for contempt sanctions (Dkt. #131) is DENIED. DATED this 28th day of May, 2015. 4 5 6 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 2

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