American Airlines Inc v. Travelport Limited et al

Filing 211

MOTION American Airlines, Inc's Opposed Motion to File Supplemental Brief in Support of its Motion to Extend Scheduling Order Deadlines filed by American Airlines Inc (Attachments: #1 Supplemental Brief, #2 Appendix and App. 1-126, #3 App. 127-662, #4 App. 663-739, #5 Proposed Order) (Garcia, Yolanda)

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

AMERICAN AIRLINES, INC.’S OPPOSED MOTION
TO FILE SUPPLEMENTAL BRIEF IN SUPPORT OF ITS
MOTION TO EXTEND SCHEDULING ORDER DEADLINES
American Airlines, Inc. (“American”) files this opposed motion to file a
supplemental brief in support of its Motion to Extend Scheduling Order Deadlines to alert the
Court to a new development since the filing of American’s reply brief on Tuesday January 24,
2012. Travelport claims that “AA does not and cannot establish that good cause exists to extend
the discovery deadlines . . . in this case by five months.” (TVP Resp. at 10.) On Wednesday
January 25, 2012, the day after American filed its reply brief, Travelport served American with a
notice that it intended to serve seven additional third party subpoenas. A day later, on Thursday
January 26, 2012, Travelport served American with a notice that it sought to serve thirty
additional third party subpoenas. Then, on Thursday, February 2, 2012, Travelport served
American with a notice that it sought to serve three additional third party subpoenas. In total,
within a few days after American submitted its reply brief, Travelport significantly expanded the
scope of discovery in this case by serving forty new third party subpoenas. (See App. Exs. A-B,
D.) In addition, on January 30, 2012, Travelport served American with thirteen new document
requests seeking a tremendous amount of data and other documents. (See App. Ex. C.). Party
depositions have not begun and, as Travelport’s subpoenas reflect, significant third party
depositions will also be necessary.
AMERICAN AIRLINES, INC.’S OPPOSED MOTION
TO FILE SUPPLEMENTAL BRIEF IN SUPPORT OF ITS
MOTION TO EXTEND SCHEDULING ORDER DEADLINES
US_ACTIVE:\43914950\02\14013.0135

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Thus, American seeks to file the attached supplemental brief in support of its
motion to modestly extend the current deadlines, including the March 1, 2012 deadline for
document production and the May 15, 2012 deadline for overall discovery to be completed.
DATED: February 2, 2012
Respectfully submitted,
s/ Yolanda C. Garcia
Yolanda C. Garcia
State Bar No. 24012457
[e-mail]
Michelle Hartmann
State Bar No. 24032401
[e-mail]
WEIL, GOTSHAL & MANGES LLP
200 Crescent Court, Suite 300
Dallas, Texas 75201-6950
214.746.7700
214.746.7777 (fax)
R. Paul Yetter
State Bar No. 22154200
[e-mail]
Anna Rotman
State Bar No. 24046761
[e-mail]
YETTER COLEMAN LLP
909 Fannin, Suite 3600
Houston, Texas 77010
713.632.8000
713.632.8002 (fax)

AMERICAN AIRLINES, INC.’S OPPOSED MOTION
TO FILE SUPPLEMENTAL BRIEF IN SUPPORT OF ITS
MOTION TO EXTEND SCHEDULING ORDER DEADLINES
US_ACTIVE:\43914950\02\14013.0135

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Bill Bogle
State Bar No. 02561000
[e-mail]
Roland K. Johnson
State Bar No. 00000084
[e-mail]
HARRIS, FINLEY & BOGLE, P.C.
777 Main Street, Suite 3600
Fort Worth, Texas 76102
817.870.8700
817.332.6121 (fax)
ATTORNEYS FOR PLAINTIFF AMERICAN
AIRLINES, INC.
Of Counsel to Plaintiff:
Richard A. Rothman
[e-mail]
James W. Quinn
[e-mail]
WEIL, GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, New York 10153
212.310.8426
212.310.8285 (fax)
M.J. Moltenbrey
[e-mail]
DEWEY & LEBOEUF LLP
1101 New York Avenue, N.W.
Washington, D.C. 20005
202.346.8738
202.346.8102 (fax)

CERTIFICATE OF CONFERENCE
I hereby certify that counsel for American conferred with counsel for the
defendants concerning the filing of this motion. Agreement could not be reached with counsel
for Travelport, and counsel for Sabre and Orbitz did not respond to American’s request to file the
supplemental brief. Therefore, American believes this motion was opposed by all of the parties.
s/ Yolanda C. Garcia
Yolanda C. Garcia
AMERICAN AIRLINES, INC.’S OPPOSED MOTION
TO FILE SUPPLEMENTAL BRIEF IN SUPPORT OF ITS
MOTION TO EXTEND SCHEDULING ORDER DEADLINES
US_ACTIVE:\43914950\02\14013.0135

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CERTIFICATE OF SERVICE
I hereby certify that all counsel of record who are deemed to have consented to
electronic service are being served with a copy of the foregoing document via the Court’s
CM/ECF system pursuant to the Court’s Local Rule 5.1(d) this 2nd day of February 2012.

s/ Robert S. Velevis
Robert S. Velevis

AMERICAN AIRLINES, INC.’S OPPOSED MOTION
TO FILE SUPPLEMENTAL BRIEF IN SUPPORT OF ITS
MOTION TO EXTEND SCHEDULING ORDER DEADLINES
US_ACTIVE:\43914950\02\14013.0135

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