American Airlines Inc v. Travelport Limited et al

Filing 178

ORDER REGARDING #176 PLAINTIFF'S MOTION TO COMPEL: The Court finds that the parties should be given a final opportunity to resolve this discovery dispute without Court intervention. Plaintiff shall notify the Court in writing as soon as possible, but not later than January 19, that the motion should be rendered moot. [see Order for specifics] (Ordered by Judge Terry R Means on 1/5/2012) (klm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
AMERICAN AIRLINES, INC.
VS.
TRAVELPORT LIMITED, et al.

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CIVIL ACTION NO. 4:11-CV-244-Y

ORDER REGARDING PLAINTIFF’S MOTION TO COMPEL
Before the Court is Plaintiff’s Motion to Compel Defendant
Orbitz Worldwide, LLC, to Produce Documents (doc. 176).

Having

reviewed the matter, the Court finds that the parties should be
given a final opportunity to resolve this discovery dispute without
Court intervention.
In this regard, the parties are directed to the per curiam
opinion in Dondi Properties Corp. v. Commerce Savings & Loan
Assoc., 121 F.R.D. 284 (N.D. Tex. 1988).

That opinion sets forth

standards of conduct for counsel (and pro se parties) to follow
throughout

litigation.

Particularly

standards for conduct during discovery.

relevant

here

are

"[Parties] should make

reasonable efforts to conduct all discovery by agreement."
293.

the

Id. at

The Court cautions the parties that it does not take

discovery disputes lightly, and, if a final resolution by the Court
is necessary, sanctions will be imposed upon any party conducting
or opposing discovery unreasonably, in bad faith, or otherwise not
in compliance with the rules or Dondi.

Therefore, the parties shall confer and make a good-faith
effort to resolve this discovery dispute between themselves.

If

the parties are able to completely resolve this discovery dispute,
Plaintiff shall notify the Court in writing as soon as possible,
but not later than January 19, that the motion should be rendered
moot.
If the parties are able to resolve part, but not all of their
discovery dispute, Plaintiff must file an amended motion as to the
remaining disputed matters only no later than January 19.
Should the parties be able to resolve none or only a part of
their discovery dispute, Defendant must respond to Plaintiff’s
initial or amended motion to compel no later than January 26.

Any

reply to Defendant’s response must be filed in accordance with Rule
7.1(f) of the local civil rules of this Court.
SIGNED January 5, 2012.
____________________________
TERRY R. MEANS
UNITED STATES DISTRICT JUDGE

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