American Airlines Inc v. Travelport Limited et al

Filing 191

NOTICE of Joinder re: #184 Sealed and/or Ex Parte Response/Objection filed by Orbitz Worldwide, LLC (Yates, Christopher)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
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AMERICAN AIRLINES, INC.,
a Delaware corporation,
Plaintiff,
vs.
SABRE, INC., a Delaware corporation;
SABRE HOLDINGS CORPORATION, a
Delaware corporation and SABRE
TRAVEL INTERNATIONAL LTD., a
foreign corporation, d/b/a SABRE TRAVEL
NETWORK;
TRAVELPORT LIMITED, a foreign
corporation, and TRAVELPORT, LP,
a Delaware limited partnership, d/b/a
TRAVELPORT;
and
ORBITZ WORLDWIDE, LLC, a Delaware
limited liability company, d/b/a ORBITZ,
Defendants.

Civil Action No. 4:11-cv-00244-Y

NOTICE OF JOINDER BY DEFENDANT ORBITZ WORLDWIDE, LLC TO
TRAVELPORT’S RESPONSE IN OPPOSITION TO PLAINTIFF AMERICAN
AIRLINES INC.’S MOTION TO EXTEND SCHEDULING ORDER DEADLINES
Defendant Orbitz Worldwide, LLC (“Orbitz”) hereby joins defendants Travelport
Limited and Travelport, LP’s (collectively, “Travelport”) Response in Opposition to Plaintiff
American Airlines Inc.’s Motion to Extend Scheduling Order Deadlines, filed Jan. 10, 2012
(Dkt. 184) (“Travelport’s Response”).
For the reasons set forth in Travelport’s Response, Orbitz also opposes American’s
motion for a five-month extension of all remaining deadlines in the Court’s Initial Scheduling

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Order (Dkt. 168, “American’s Motion”). In order to avoid burdening the Court with repetitive
argument, Orbitz hereby adopts in full the arguments and authorities in Travelport’s Response.
In further support, however, Orbitz provides this short response to American’s misplaced
reference to purported delays in Orbitz’s document production. (American’s Motion at 7.) On
August 4, 2011, Orbitz timely served responses to American’s first set of document requests (the
“Requests”) which detailed Orbitz’s specific objections to each Request and offered to meet and
confer to narrow the Requests appropriately. American chose to focus its discovery efforts on
the GDS defendants, however, and waited more than two-and-a-half months to respond—first
contacting Orbitz about its objections on October 19. Thereafter, Orbitz participated in several
meet and confer discussions with American to try to reach agreement regarding the proper scope
of the Requests. These efforts included a letter sent by Orbitz’s counsel on November 18, with
detailed proposals concerning custodians, search terms, and seeking clarification of certain
Requests. Once again, however, American delayed, taking nearly a full month—until December
12—to respond to Orbitz’s letter, by which time the Court had granted Orbitz’s motion to
dismiss in its entirety and terminated it from this action. (Dkt. 156). Although Orbitz is
continuing to meet and confer with American to reach agreement on the scope of discovery,
consistent with the Court’s January 5, 2012 Order (Dkt. 178), American’s own delay in moving
forward with discovery from Orbitz certainly does not provide the “good cause” that is a
prerequisite to obtaining any extension of the deadlines in the Initial Scheduling Order. (See
Travelport’s Response at 7 (citing Hernandez v. Mario’s Auto Sales, Inc., 617 F. Supp. 2d 488,
492 (S.D. Tex. 2009)).)
Finally, notwithstanding its opposition to American’s omnibus motion to extend all
remaining deadlines, Orbitz does not oppose a limited two-month extension of the expert
disclosure deadlines in paragraph 5 of the Scheduling Order—adjusted in conformance with the
dates set forth in Travelport’s Response. (See Travelport’s Response at 11.)

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DATED:

January 12, 2012

Respectfully submitted,
s/ Christopher S. Yates
Christopher S. Yates (admitted Pro Hac Vice)
California State Bar No. 161273
Email: [e-mail]
Daniel M. Wall (admitted Pro Hac Vice)
California State Bar No. 102580
Email: [e-mail]
Brendan A. McShane (admitted Pro Hac Vice)
California State Bar No. 227501
Email: [e-mail]
LATHAM & WATKINS LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111-6538
Telephone: [phone]
Facsimile: [phone]
and
John J. Little
Texas State Bar No. 12424230
Email: [e-mail]
LITTLE PEDERSEN FANKHAUSER LLP
901 Main Street, Suite 4110
Dallas, TX 75202-3714
Telephone: [phone]
Facsimile: [phone]
ATTORNEYS FOR DEFENDANT
ORBITZ WORLDWIDE, LLC

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CERTIFICATE OF SERVICE
On January 12, 2012, I electronically submitted the foregoing document with the clerk of
the court for the U.S. District Court, Northern District of Texas, Fort Worth Division, using the
electronic case filing system of the court. The electronic case filing system sent a “Notice of
Electronic Filing” to the attorneys of record who have consented in writing to accept this Notice
as service of this document by electronic means.

s/ Christopher S. Yates
Christopher S. Yates
SF\891152

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