Prosterman et al v. Airline Tariff Publishing Company, et al

Filing 7

ORDER RE: MOTION FOR ORDER TEMPORARILY RESTRAINING DEFENDANTS FROM VIOLATING SECTION 1 OF SHERMAN ANTITRUST ACT AND SECTION 16720 OF THE CALIFORNIA CARTWRIGHT ANTITRUST ACT; ORDERING DEFENDANTS TO SHOW CAUSE; DIRECTIONS TO PLAINTIFFS. This Ord er and supporting papers must be served by Plaintiffs on Defendants as soon as possible, but no later than April 19, 2016. Any response or opposition to this Order to Show Cause must be filed and served on Plaintiffs' counsel no later than April 29, 2016, and any reply must be filed no later than May 4, 2016. Signed by Judge Maxine M. Chesney on April 18, 2016. (mmclc2, COURT STAFF) (Filed on 4/18/2016)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
_________________________________________
CYNTHIA PROSTERMAN, JAN MARIE
) CASE NO. 16-cv-2017-MMC
BROWN, CAROLYN FJORD, KATHERINE R. )
ARCELL, KEITH DEAN BRADT, JUDY BRAY, )
JOSÉ M. BRITO, ROBERT D. CONWAY, JUDY )
CRANDALL, ROSEMARY D’AUGUSTA,
) ORDER RE: MOTION FOR
BRENDA K. DAVIS, PAMELA FAUST, DON
) [PROPOSED]
FREELAND, DONNA FRY, GABRIEL
) ORDER TEMPORARILY
GARAVANIAN, HARRY GARAVANIAN,
) ^RESTRAINING DEFENDANTS
YVONNE JOCELYN GARDNER, LEE M.
) FROM VIOLATING SECTION 1 OF
GENTRY, VALARIE ANN JOLLY, GAIL S.
) SHERMAN ANTITRUST ACT AND
KOSACH, JOHN LOVELL, MICHAEL C.
) SECTION 16720 OF THE
MALANEY, LEN MARAZZO, LISA
) CALIFORNIA CARTWRIGHT
MCCARTHY, PATRICIA ANN MEEUWSEN,
) ANTITRUST ACT; AND ORDERING
L. WEST OEHMIG, JR., DEBORAH M.
) DEFENDANTS TO SHOW CAUSE;
PULFER, DANA L. ROBINSON, ROBERT A.
) DIRECTIONS TO PLAINTIFFS
ROSENTHAL, BILL RUBINSOHN, SONDRA K. )
RUSSELL, SYLVIA N. SPARKS, JUNE
)
STANSBURY, CLYDE D. STENSRUD,
)
WAYNE TALEFF, GARY TALEWSKY,
)
ANNETTE M. TIPPETTS, DIANA LYNN
)
ULTICAN, J. MICHAEL WALKER, PAMELA S. )
WARD and CHRISTINE WHALEN,
)
Plaintiffs, )
v.
)
)
AIRLINE TARIFF PUBLISHING COMPANY,
)
AMERICAN AIRLINES, INC., DELTA AIR
)
LINES, INC. and UNITED AIRLINES, INC.,
)
Defendants. )
_________________________________________ )
TO DEFENDANTS: AIRLINE TARIFF PUBLISHING COMPANY, AMERICAN AIRLINES,
INC., DELTA AIR LINES, INC. and UNITED AIRLINES, INC.,
This matter comes before me on Plaintiffs, Cynthia Prosterman, et al.’s Ex Parte

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Application for a Temporary Restraining Order and for an Order to Show Cause Regarding a
Order Temporarily Restraining Defendants from Violating Section 1 of the Sherman Antitrust Act
and Section 16720 of the California Cartwright Antitrust Act and Ordering Defendants to Show Cause

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Preliminary Injunction, Memorandum of Points and Authorities, and supporting papers.
Having considered the arguments and papers submitted, in order to preserve the status

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quo ante, and finding good cause based on the record before me, I GRANT Plaintiffs’ Ex Parte

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Application, pending a hearing on _____day, ________, ____, 2016. Based on the record before

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me, I find that Plaintiffs are likely to prevail on the merits of their claims, the balance of

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hardships tips in its favor, Plaintiffs would be likely to suffer irreparable injury, absent an ex
parte temporary restraining order, in the form of: injury to, or loss of, their businesses and
reputations; the inability to continue in the business of booking air transportation on the

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Defendant airlines; and the likelihood of incurring ruinous penalties from the airline defendants.
The requested relief is in the public interest.
May
Fri
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YOU ARE HEREBY ORDERED TO SHOW CAUSE on _____day, ________, ____,
2016, at ______ a.m./p.m, before the Honorable ______________________, at 450 Golden Gate
9:00
Maxine M. Chesney

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7
Avenue, San Francisco, CA 94102, Courtroom ____, why you, your officers, agents, servants,

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employees, and attorneys, and any other persons who are in active concert or participation with

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you, should not be enjoined and restrained from engaging in, committing, or performing, directly
and indirectly, any and all of the following acts:
(1)

enforcing any practice or policy that requires Plaintiffs to book flights to multicity destinations at fares which are greater than the sum of the combined nonrefundable one-way fares for each leg of a passenger’s flight;

(2)

agreeing with any other airline to fix, establish, raise, stabilize, or maintain any
fare or fare restriction;

(3)

disseminating to the other Airline Defendants certain information concerning any
planned or contemplated fare or fare restriction or any planned or contemplated
change to fares or fare restrictions; and

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Order Temporarily Restraining Defendants from Violating Section 1 of the Sherman Antitrust Act
and Section 16720 of the California Cartwright Antitrust Act and Ordering Defendants to Show Cause

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(4)

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penalizing Plaintiffs for booking multi-city destination flights in the manner
proscribed by (1) above, including, without limitation, by issuing debit memos or
limiting or terminating Plaintiffs’ authorization to book flights on the Airline
Defendants.

Pending a hearing on the above Order to Show Cause you, your officers, agents, servants,

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employees, and attorneys, and any other persons who are in active concert or participation with

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you, ARE HEREBY RESTRAINED AND ENJOINED from:

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(1)

enforcing any practice or policy that requires Plaintiffs to book flights to multicity destinations at fares which are greater than the sum of the combined nonrefundable one-way fares for each leg of a passenger’s flight;

(2)

agreeing with any other airline to fix, establish, raise, stabilize, or maintain any
fare or fare restriction;

(3)

disseminating to the other Airline Defendants certain information concerning any
planned or contemplated fare or fare restriction or any planned or contemplated
change to fares or fare restrictions; and

(4)

penalizing Plaintiffs for booking multi-city destination flights in the manner
proscribed by (1) above, including, without limitation, by issuing debit memos or
limiting or terminating Plaintiffs’ authorization to book flights on the Airline
Defendants.

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Plaintiffs shall not be required to post a bond for issuance of this Order.
by Plaintiffs
This Order and supporting papers must be served on Defendants as soon as possible, but
^
April
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no later than ________________, ____, 2016. Any response or opposition to this Order to Show

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Cause must be filed and served on Plaintiffs’ counsel no later than ________________, ____,
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April

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2016 at _____ a.m./p.m., and any reply must be filed no later than May 4, 2016.

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IT IS SO ORDERED.

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Dated: April 18 , 2016
By:

_________________________________
Honorable Maxine M. Chesney
United States District Judge

Order Temporarily Restraining Defendants from Violating Section 1 of the Sherman Antitrust Act
and Section 16720 of the California Cartwright Antitrust Act and Ordering Defendants to Show Cause

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