US Airline Pilots Association v. Velez et al

Filing 76

ORDER dismissing as moot 49 Motion to Vacate ; dismissing as moot 50 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Robert J. Conrad, Jr on 9/30/2015. (eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:14-cv-00577-RJC-DCK
US AIRLINE PILOTS ASSOCIATION, )
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Plaintiff,
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vs.
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ROGER VELEZ, on behalf of himself
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And all similarly situated former
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America West Pilots, and
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LEONIDAS, LLC,
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Defendants.
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____________________________________

ORDER

EDDIE BOLLMEIER, BILL TRACEY
and, SIMON PARROTT,

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Plaintiffs,
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vs.
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GARY HUMMEL, STEPHEN
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BRADFORD, ROB STREBLE,
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STEVE SMYSER, ROBERT
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FREAR, COURTNEY BORMAN,
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and JANE DOE BORMAN,
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RONALD NELSON, PAUL DIORIO
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PAUL MUSIC, JOHN TAYLOR,
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JOE STEIN, PETE DUGSTAD,
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JAY MILKEY, and STEPHEN
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NATHAN,
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Defendants.
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____________________________________)
THIS MATTER comes before the Court on Defendants Gary Hummel, Stephen
Bradford, Rob Streble, John Taylor, Joe Stein, Pete Dugstad, and Stephen Nathan’s as well as
Defendants Steve Smyser and Jay Milkey’s (collectively, “Defendants”) “Motion[s] to Vacate

the Order Dated March 5, 2015, or, in the Alternative, to Dismiss the Verified Complaint” (the
“Motions to Vacate or Dismiss”), Supporting Memoranda, and Exhibits. (Doc. Nos. 49, 50).
The facts, in their briefest form, are summarized in the Court’s Order granting
Preliminary Injunction (the “Preliminary Injunction Order”), which was entered on August 27,
2015. (Doc. No. 75). In the Preliminary Injunction Order, the Court found that it has subject
matter jurisdiction over the claims in this case and that Plaintiffs have satisfied the procedural
requirements under the Labor Management Reporting and Disclosure Act (“LMRDA”). Such a
determination regarding the requirements of the LMRDA implicitly finds that Judge Max O.
Cogburn, Jr.’s March 5, 2015 Order was proper. Furthermore, in analyzing and making a
determination of whether Plaintiffs satisfied the elements for a preliminary injunction, the Court
found that Plaintiffs are likely to succeed on the merits of their claims. Having already made
these determinations, the Court finds that Defendants Motions to Vacate or Dismiss are moot.
IT IS, THEREFORE, ORDERED that Defendants Gary Hummel, Stephen Bradford,
Rob Streble, John Taylor, Joe Stein, Pete Dugstad, and Stephen Nathan’s “Motion to Vacate the
Order Dated March 5, 2015, or, in the Alternative, to Dismiss the Verified Complaint,” (Doc.
No. 49), is DISMISSED as moot; and Defendants Steve Smyser and Jay Milkey’s “Motion to
Vacate the Order Dated March 5, 2015, or, in the Alternative, to Dismiss the Verified
Complaint,” (Doc. No. 50), is DISMISSED as moot.

Signed: September 30, 2015

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