American Airlines Inc v. Travelport Limited et al

Filing 221

MOTION Request for Rule 16 Status Conference filed by American Airlines Inc (Attachments: #1 Exhibit(s) Exh. A, #2 Exhibit(s) Exh. B, #3 Exhibit(s) Exh. C) (Rotman, Anna)

January 26, 2012
Via Email

Michael Weiner
Carolyn Feeney
Dechert LLP

Steven Kaiser
Cleary Gottleib Steen & Hamilton LLP

Chris Lind
Sundeep K . (Rob) Addy
Barlit Beck Herman Palenchar & Scott LLP

Christopher S. Yates
Brendan McShane
Latham & Watkins LLP

Re:

American Airlines, Inc. v. Travelport Ltd., et al., No. 4:11-CV-244-Y (N.D. Tex.)

Dear Counsel:
Defendants had agreed to jointly request a status conference after briefing is completed
on certain motions. (Exh. A) Travelport now is questioning the reason for the status conference.
As we explained earlier, our goal is to ensure that the pending motions regarding the sufficiency
of American’s pleadings are resolved efficiently, particularly in light of the Scheduling Order.
Specifically, we seek the Court’s guidance on two issues.
First, the Court granted American’s motion to file the Second Amended Complaint with
respect to all but the Section 1 claim challenging vertical agreements between the GDSs and
travel agents. That amendment did not address certain omissions identified in the Court’s
opinion that American can cure. Orbitz refused to agree to American’s request to add these
factual allegations and now Travelport and Sabre have opposed American’s motion for
reconsideration seeking leave to re-plead based on their omission. It will waste the Court’s time
to decide the motions before American includes these new allegations, which American has
already provided in its proposed Third Amended Complaint. At the status conference, American
will draw this to the Court’s attention to ensure these pending motions are decided efficiently.
Second, American moved to extend scheduling order deadlines. Certain deadlines,
including document production and amendment of pleadings, will pass in the coming weeks.
Meanwhile, the motions to dismiss are still being briefed, Travelport recently filed
counterclaims, Sabre has threatened to file counterclaims, and much discovery remains. In
addition, American’s chapter 11 bankruptcy case requires its focused efforts. American will
seek the Court’s guidance on the schedule, so that the parties can plan accordingly.

Exhibit

B

Counsel for Defendants

-2-

January 26, 2012

American believes the parties and Court will benefit from clarity on these two issues. If
defendants have other issues on which they will seek guidance, let us know promptly. And
please confirm that defendants will honor their agreement to jointly request a status conference
with the Court.
Cordially yours,

_______________________
R. Paul Yetter

cc:

Richard A. Rothman
Yolanda C. Garcia
Weil, Gothsal & Manges LLP
Bill K. Bogle
Roland F. Johnson
Harris, Finley & Bogle, P.C.