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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)
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Nevada
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000-15495
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85-0302351 |
(State or other jurisdiction
of incorporation)
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(Commission
File Number)
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(IRS Employer
Identification No.) |
410 North 44th Street, Suite 100
Phoenix, Arizona, 85008
(Address of Principal Executive Offices)
(Zip Code)
Registrants 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):
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
TABLE OF CONTENTS
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 Companys
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 Companys agreement to operate 34 model ERJ-145 regional jets leased by the
Company utilizing Deltas name. In fiscal 2007, the Connection Agreement accounted for
approximately 20% of the Companys 2007 total revenues. Delta sought to terminate the Connection
Agreement as a result of Freedoms 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 Courts ruling in
favor of the Company.
The full text of the Companys press release is attached hereto as Exhibit 99.1.
Item 9.01 Financial Statements and Exhibits
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Exhibit No. |
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Description |
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99.1 |
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Press release regarding Injunction victory in Delta litigation, dated May 29, 2008 |
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.
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MESA AIR GROUP, INC.
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Date: May 29, 2008 |
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/s/ Brian S. Gillman
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Name: |
Brian S. Gillman |
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Title: |
Executive Vice President, General Counsel & Secretary |
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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 Airs
ERJ-145 contract.
On March 28 2008, Delta notified Mesa of its intent to terminate the Delta Connection Agreement
among Delta, the Company, and Mesas 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 todays Court ruling, Mesa Air Group Chairman and CEO, Jonathan Ornstein said, We
are pleased with the Courts 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