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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): MAY 29, 2008
 
MESA AIR GROUP, INC.
(Exact name of registrant as specified in its charter)
         
Nevada   000-15495   85-0302351
(State or other jurisdiction
of incorporation)
  (Commission
File Number)
  (IRS Employer
Identification No.)
410 North 44th Street, Suite 100
Phoenix, Arizona, 85008

(Address of Principal Executive Offices)
(Zip Code)
Registrant’s telephone number, including area code: (602) 685-4000
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
     
o   Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
     
o   Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
     
o   Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
     
o   Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 

 


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Item 8.01 Other Events.
Item 9.01 Financial Statements and Exhibits
SIGNATURES
EX-99.1


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Item 8.01 Other Events.
     On May 29, 2008, Mesa Air Group, Inc. (the “Company”) issued a press release announcing that the Company won a preliminary injunction in Federal Court in Atlanta enjoining Delta Air Lines (“Delta”) from terminating its Connection Agreement with the Company, and the Company’s wholly-owned subsidiary, Freedom Airlines, Inc. (“Freedom”) (the “Connection Agreement”). The ruling was issued earlier today by the United States District Court for the Northern District of Georgia (the “District Court”).
     The Company had previously reported that on March 28, 2008, Delta had notified the Company of its intent to terminate the Connection Agreement. The Connection Agreement includes, among other arrangements, the Company’s agreement to operate 34 model ERJ-145 regional jets leased by the Company utilizing Delta’s name. In fiscal 2007, the Connection Agreement accounted for approximately 20% of the Company’s 2007 total revenues. Delta sought to terminate the Connection Agreement as a result of Freedom’s alleged failure to maintain a specified completion rate with respect to its ERJ-145 Delta Connection flights during three months of the six-month period ended February 2008.
     On April 7, 2008, the Company filed a lawsuit against Delta alleging breach of the Connection Agreement and seeking specific performance by Delta of its obligations thereunder. On May 9, 2008, the Company filed a motion for a preliminary injunction in the District Court against Delta to prevent its wrongful termination of the Delta Connection Agreement. The hearing for this matter commenced on May 27, 2008 and ended earlier today following the District Court’s ruling in favor of the Company.
     The full text of the Company’s press release is attached hereto as Exhibit 99.1.
Item 9.01 Financial Statements and Exhibits
(d)   Exhibits.
         
Exhibit No.   Description
  99.1    
Press release regarding Injunction victory in Delta litigation, dated May 29, 2008

 


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SIGNATURES
     Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
         
  MESA AIR GROUP, INC.
 
 
Date: May 29, 2008  By:   /s/ Brian S. Gillman    
    Name:   Brian S. Gillman    
    Title:   Executive Vice President, General Counsel & Secretary   
 

 

exv99w1
Exhibit 99.1
Mesa Air Group Wins Injunction in Dispute with Delta Air Lines
Phoenix, May 29 2008 — Mesa Air Group Inc. (NASDAQ: MESA) today won a preliminary injunction in the Federal Court in Atlanta enjoining Delta Air Lines (“Delta”) from terminating Freedom Air’s ERJ-145 contract.
On March 28 2008, Delta notified Mesa of its intent to terminate the Delta Connection Agreement among Delta, the Company, and Mesa’s wholly owned subsidiary, Freedom Airlines Inc., alleging failure to maintain a specified completion rate with respect to its ERJ-145 Delta Connection flights during three months of the six-month period September 2007 through February 2008.
Commenting on today’s Court ruling, Mesa Air Group Chairman and CEO, Jonathan Ornstein said,” We are pleased with the Court’s ruling. We wish to reaffirm our commitment to provide the very best service to Delta Air Lines, our passengers and our people. We are hopeful this issue can be fully resolved soon.”
Freedom Airlines currently operates 34 50-seat ERJ-145 and 7 76-seat CRJ-900 aircraft for Delta Connection.
Mesa currently operates 181 aircraft with over 1,000 daily system departures to 150 cities, 38 states, the District of Columbia, Canada, the Bahamas and Mexico. Mesa operates as Delta Connection, US Airways Express and United Express under contractual agreements with Delta Air Lines, US Airways and United Airlines, respectively, and independently as Mesa Airlines and go!. In June 2006 Mesa launched inter-island Hawaiian service as go! This operation links Honolulu to the neighbor island airports of Hilo, Kahului, Kona and Lihue. The Company, founded by Larry and Janie Risley in New Mexico in 1982, has approximately 5,000 employees and was awarded Regional Airline of the Year by Air Transport World magazine in 1992 and 2005. Mesa is a member of the Regional Airline Association and Regional Aviation Partners.
For Further Information please contact:
Paul Skellon — VP Corporate Communications Mesa Air Group
Tel: 6026854162
paul.skellon@mesa-air.com
www.mesa-air.com