American Airlines Inc v. Travelport Limited et al

Filing 240

Unopposed MOTION for Clarification re #238 Order Referring Case to ADR, filed by Travelport Limited, Travelport, LP, Orbitz Worldwide, LLC. (Attachments: #1 Proposed Order) (Falls, Craig) Modified filer on 2/27/2012 (klm).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

AMERICAN AIRLINES, INC.,
Plaintiff,
vs.
TRAVELPORT LIMITED, et al.,
Defendants.

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UNOPPOSED MOTION FOR CLARIFICATION BY DEFENDANTS
TRAVELPORT LIMITED, TRAVELPORT, LP, AND ORBITZ WORLDWIDE, LLC
Defendants Travelport Limited and Travelport, LP (collectively “Travelport”) and Orbitz
Worldwide, LLC (“Orbitz”) respectfully seek clarification that the Court’s February 22, 2012
order appointing a mediator and directing counsel for “each party” to contact the mediator within
seven days [Doc. 238] applies only to Plaintiff American Airlines, Inc. (“AA”) and Defendants
Sabre Holdings Corporation, Sabre, Inc., and Sabre Travel International Ltd. (collectively
“Sabre”). As reflected in the attached Certificate of Conference, this motion is unopposed.
The Court’s August 1, 2011 Order of Referral for Mediation [Doc. 122] directed the
parties to agree upon a mediator and select a mediation date by March 1, 2012. On February 6,
2012, the Court accelerated these deadlines with respect to claims between AA and Sabre,
ordering AA and Sabre to select a mediator by February 21. [Doc. 220.] As to claims between
AA and the other defendants – i.e., Travelport and Orbitz – the original deadlines remained
unchanged. [See id.]
On February 21, 2012, AA and Sabre filed a notice informing the Court of the identity of
the mediator they had selected. [Doc. 234.] Travelport and Orbitz were not asked to join in this

notice, nor were they consulted as to the selection of AA and Sabre’s mediator, because all
parties understood that the original, March 1 deadline applied to the claims between AA and
Travelport and the claims between AA and Orbitz.
Although the Alternate Dispute Resolution Summary appended to the Court’s February
22, 2012 Order [Doc. 238] notes that the summary applies “[i]n reference to mediation between
American Airlines and Sabre only,” the Court’s use of the terms “each party” or “parties” in the
Order itself could be interpreted to refer to Travelport and Orbitz in addition to AA and Sabre.
Accordingly, Travelport and Orbtiz respectfully request entry of an order clarifying that the
Court’s February 22, 2012 Order [Doc. 238] applies only to AA and Sabre. Pursuant to the
Court’s Order of Referral to Mediation [Doc. 122], Travelport and Orbitz will meet and confer
with AA regarding the selection of a mediator and report to the Court by March 1.
February 24, 2012

Respectfully submitted,

/s/ Brendan A. McShane__________
Christopher S. Yates
[e-mail]
Daniel M. Wall
[e-mail]
Brendan A. McShane
[e-mail]
LATHAM & WATKINS LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111-6538
Telephone: [phone]
Facsimile: [phone]

/s/ Carolyn H. Feeney_________
Michael L. Weiner
[e-mail]
DECHERT LLP
1095 Avenue of the Americas
New York, New York 10036-6797
212.698.3608
212.698.3599 (Fax)
Mike Cowie
[e-mail]
Craig Falls
[e-mail]
DECHERT LLP
1775 I Street, NW
Washington, D.C. 20006-2401
202.261.3300
202.261.3333 (Fax)

2

John J. Little
Texas State Bar No. 12424230
[e-mail]
LITTLE PEDERSEN FANKHAUSER
LLP
901 Main Street, Suite 4110
Dallas, TX 75202-3714
Telephone: [phone]
Facsimile: [phone]

Carolyn Feeney
[e-mail]
Justin N. Pentz
[e-mail]
DECHERT LLP
2929 Arch Street
Philadelphia, PA 19104
215.994.4000
215.994.2222 (Fax)

Attorneys for Defendant
Orbitz Worldwide, LLC

Walker C. Friedman
State Bar No. 07472500
[e-mail]
Christian D. Tucker
State Bar No. 00795690
[e-mail]
FRIEDMAN, SUDER & COOKE, P.C.
Tindall Square Warehouse No. 1
604 East 4th Street, Suite 200
Fort Worth, Texas 76102
817.334.0400
817.334.0401 (Fax)
John T. Schriver
[e-mail]
Paul E. Chronis
[e-mail]
DUANE MORRIS LLP
190 South LaSalle Street, Suite 3700
Chicago, Illinois 60603-3433
312.499.6700
312.499.6701 (Fax)
Faith E. Gay
[e-mail]
Steig D. Olson
[e-mail]
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
51 Madison Avenue, 22nd Floor
New York, New York 10010
212.849.7000
212.849.7100 (Fax)
Attorneys for Defendants
Travelport Limited and Travelport, LP
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CERTIFICATE OF CONFERENCE
After consultation with counsel for Plaintiff American Airlines, Inc. and Defendants
Sabre Holdings Corporation, Sabre, Inc., and Sabre Travel International Ltd., I hereby certify
that this motion is unopposed.
/s/ Carolyn H. Feeney ______
Carolyn H. Feeney

CERTIFICATE OF SERVICE
I hereby certify that on the 24th day of February, 2012, I electronically filed 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/ Craig G. Falls______
Craig G. Falls