IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

ROBERT “BOB” ROSS AND EUGENIO 

VARGAS

Plaintiffs/Counterclaim Defendants,

v.

ASSOCIATION OF PROFESSIONAL 

FLIGHT ATTENDANTS, et al., 

Defendants/Counterclaim

Plaintiffs.

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Civil Action No. 4:22-cv-343-Y

Consolidated with 

Civil Action No. 4:22-cv-430-Y

 

Judge Terry R. Means

PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

Plaintiffs Robert “Bob” Ross (“Ross”) and Eugenio Vargas (“Vargas”) move for summary 

judgment granting them a take-nothing judgment in their favor against APFA’s breach of fiduciary 

duty claim under the LMRDA § 501. Moreover, Plaintiffs pray this Honorable Court grant 

summary judgment in their favor against Defendant’s counterclaim for breach of breach of 

fiduciary duty under 29 U.S.C. § 501 based on a lack of evidence to substantiate the elements of 

its claim, and the lack of evidence to substantiate the doctrine of laches and therefore, the claim is 

time-barred. (Dkt. 72). 

Plaintiffs seek summary judgment in their favor against Defendant, APFA, liable for 

breach of contract, and for violations of union member’s rights to free speech and association, due 

process, and wrongful discipline under 29 U.S.C. §§ 411 (a)(2), (a)(5), and 529. The issues arise 

from a confidential transition agreement entered into between APFA and Plaintiff, Ross. 

Thereafter, Defendant, APFA took union disciplinary actions against Plaintiffs for committing

Case 4:22-cv-00343-Y Document 237 Filed 04/26/24 Page 1 of 4 PageID 6623
alleged acts of misconduct based on violations of union policy. Whereas the union’s conduct 

within the disciplinary proceedings failed to provide Plaintiffs’ due process by following the APFA 

Constitutional provisions, failed to provide due process by denying the ability to present evidence 

and properly cross-examine witnesses. 

APFA wrongfully disciplined Plaintiffs by removal from elected office and banning their 

right to run for union elections for life. APFA’s conduct denied Plaintiffs’ their right to free speech 

and wrongfully disciplined Plaintiffs by denying their rights guaranteed under the federal Labor 

Management Reporting and Disclosure Act to hold and run for elected union positions. Plaintiffs 

have suffered substantial damages as a result. The matters required by Local Rule 56.3(a) are set 

forth in the Plaintiffs’ supporting brief. An appendix containing the materials supporting this 

motion and brief is being filed separately. 

WHEREFORE, PREMISES CONSIDERED, Plaintiffs requests that the Court enter 

summary judgment in its favor and against the Defendants and provide Plaintiff the following 

relief:

(1) A no-evidence summary judgment on Defendant’s counterclaim for breach of fiduciary 

duty under 29 U.S.C. § 501 against Plaintiffs Ross and Vargas. 

(2) A judgment granting Plaintiff, Ross’s claim for damages in the amount of $4,663.32 

for the remaining days of accrued and unused sick and vacation days for actual 

damages, damages for violation of nondisclosure and non-disparagement in the amount 

of $529,433.42, and reasonable attorney’s fees of $502,362.50. 

(3) A judgment granting Plaintiffs, Ross and Vargas, a permanent injunction against 

APFA’s enforcement of its Disciplinary Arbitration Award against Plaintiffs. 

(4) A judgment granting Plaintiff, Ross, damages for violation of LMRDA §§ 411(a)(2), 

Case 4:22-cv-00343-Y Document 237 Filed 04/26/24 Page 2 of 4 PageID 6624
411(a)(5), and 529 in the amount of $65,768.80, emotional damages in the amount of 

five times the medical damages for $324,015.00, and punitive damages in the amount 

of four times the actual damages, and reasonable attorney’s fees. 

(5) A judgment granting Plaintiff, Vargas, damages for violation of LMRDA §§ 411(a)(2), 

411(a)(5), and 529 in the amount of $33,146.33, for punitive damages in the amount of 

four times the actual damages, and reasonable attorney’s fees of $72,495.56.

(6) Plaintiffs ask for any such other and further relief to which they may be justly entitled.

Date: April 26, 2024 

Respectfully submitted,

 

 

By: /s/ Kerri Phillips s 

Kerri Phillips, Esq.

Texas Bar No. 24065906

Phone: (972) 327-5800 

Email: kerri@kdphillipslaw.com

KD PHILLIPS LAW FIRM, PLLC

6010 West Spring Creek Parkway

Plano, Texas 75024

Fax: (940) 400-0089 

For Service of Filings: 

notice@kdphillipslaw.com

 

ATTORNEY FOR PLAINTIFFS 

Case 4:22-cv-00343-Y Document 237 Filed 04/26/24 Page 3 of 4 PageID 6625
CERTIFICATE OF SERVICE

I certify that on April 26, 2024 a true and correct copy of the above was served on 

Defendants’ attorneys, via the e-filing manager. 

/S/ Kerri Phillips

 Kerri Phillips

Jeffrey Bartos

Guerrieri, Bartos, & Roma, P.C. 

1900 M Street, NW, Suite 700

Washington, DC 20036

Tel: (202) 624-7400; Fax: (202) 624-7420 

Email: jbartos@geclaw.com

Charlette Matts

In-House Counsel for APFA

1004 West Euless Blvd

Euless, TX 76040

Tel: (682) 301-8454 

Cmatts@apfa.org

James Sanford

4803 Gaston Avenue

Dallas, TX 75249-1020 

Tel: (214) 800-5111; 

Fax: (214) 838-0001 

Email jim@gillespiesanford.com

Email: joe@gillespiesanford.com

Michael Rake

Michael R. Rake, Attorney at Law PO Box 1556

Lake Dallas, TX 75065 Tel.: (940) 498-2103 

Fax: (940) 498-2103

Email: mrake1@mrakeattorney.com 

Case 4:22-cv-00343-Y Document 237 Filed 04/26/24 Page 4 of 4 PageID 6626