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IN THE UNITED STATES DISTRICT

COURT FOR THE NORTHERN DISTRICT

OF TEXAS FT. WORTH DIVISION

EUGENIO VARGAS §

Plaintiff/Counterclaim Defendant §

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§ Case No. 4:22-CV-00430-Y

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ASSOCIATION OF 

PROFESSIONAL FLIGHT

ATTENDANTS, JULIE HEDRICK, 

LARRY SALAS, ERIK HARRIS, 

JOSH BLACK

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Defendants/Counterclaim Plaintiff. §

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PLAINTIFF’S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT

AND FOR JOINDER PURSUANT TO FED. R. CIV. P. 15(a), 20(a)

TO THE HONORABLE JUDGE OF SAID COURT:

PLEASE TAKE NOTICE that Plaintiff moves the Court, pursuant to Rule 15(a) and Rule 

20 (a) of the Federal Rules of Civil Procedure, for an Order as follows:

(1) Granting Plaintiff’s leave to file a Second Amended Complaint; and

(2) Issue Citations for service of process for the additional parties: Larry Salas, APFA 

National Vice-President, and Josh Black, APFA National Secretary. 

Pursuant to Federal Rules of Civil Procedure §§ 20(a) and 15(a), Plaintiff, Vargas, by and 

through the undersigned counsel, respectfully moves to join the following additional parties and 

claims asserted therein to the case before the court. 

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Fed. R. Civ. P. Rule § 20 (a) states “persons may join in one action if: (1) they assert any 

right to relief jointly, severally, or in the alternative with respect to or arising out of the same 

transaction, occurrence, or series of transactions or occurrences;” and “(2) any question of law or 

fact common to all plaintiffs will arise in the action.” Fed. R. Civ. P. 20(a). This case raises issues 

about the breach of duty of fair representation and breach of fiduciary duty claims of Plaintiff’s 

union National Officers against Plaintiff. Plaintiff asserts a right to relief jointly and severally and 

all questions of law and fact as to the Plaintiff will arise in the action. 

Fed. R. Civ. P. § 15(a) states a party may amend his pleading once as a matter of course within 

twenty-one days after serving it or, if the pleading is one to which a responsive pleading is required, 

twenty-one days after service of a responsive pleading or twenty-one days after service of a Rule 

12(b), whichever is earlier. Otherwise, a party may amend its pleading only with the opposing 

party's written consent or the court's leave. Rule 15 provides that the court should freely give leave 

to amend when justice so requires. Plaintiff requests the court grant leave to amend and grant this 

motion of joinder to include additional parties. Attached to this Second Amended Motion is a 

Proposed Second Amended Complaint. 

In support, Plaintiff submits an Appendix in Support of its Motion for Leave to File which 

is hereto attached (“Appendix”). Also in support is a Brief in Support of this Motion for Joinder 

and Motion for Leave to Amend Complaint, which is incorporated herein and filed 

contemporaneously with this Motion (“Brief”). Further in support of the Motion and its Brief is 

new evidence produced in discovery by Defendants on September 1, 2023 that notice of the 

Confidential Memo was sent to all four National Officers on October 22, 2020. (Appendix 1-14). 

This Motion is based upon all records and proceedings submitted in conjunction with this 

Motion including but not limited to the Appendix and supporting brief. Plaintiff respectfully 

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requests the Court to grant Plaintiff’s Second Amended Motion for Leave to File a Second 

Amended Complaint. 

September 27, 2023

Respectfully submitted,

K.D. PHILLIPS LAW FIRM, PLLC

By: /s/ Kerri Phillips

Kerri Phillips

Texas Bar No. 24065906 

Phone: (972) 327-5800 

Email: kerri@KDphillipslaw.com

6010 W. Spring Creek Parkway

Plano, Texas 75024 

Fax: (940) 400-0089

For Service of Filings: 

notice@KDphillipslaw.com

ATTORNEY FOR PLAINTIFF

 CERTIFICATE OF CONFERENCE

I, Kerri Phillips, attorney for Plaintiff Robert “Bob” Ross, hereby certify that on the 13th 

day of September 2023, in an email to opposing counsel for purposes of conference with Jeff 

Bartos, Charlette Matts, and James Sanford, counsel for Defendants, I informed each of them of 

the filing of this Motion. On a telephone call on September 15, 2023, Defendants’ counsel stated 

he was opposed to the filing of this motion. 

 

/s/ Kerri Phillips 

Kerri Phillips

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CERTIFICATE OF SERVICE

I certify that true and correct copy of this document was sent to all counsel of record, 

hereunder listed via ECF filing on this the 27th day of September 2023. 

Jeff Bartos

James Sanford

Charlette Matts

/s/ Kerri Phillips 

Kerri Phillips

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