American Airlines Inc v. Travelport Limited et al

Filing 261

Agreed MOTION for Protective Order filed by American Airlines Inc, Orbitz Worldwide, LLC, Sabre Holdings Corporation, Sabre Inc, Sabre Travel International Ltd, Travelport Limited, Travelport, LP (Attachments: #1 Proposed Order First Amended Stipulated Protective Order, #2 Proposed Order Redlined First Amended Stipulated Protective Order) (Friedman, Walker) Modified filers on 3/14/2012 (klm).

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

American Airlines, Inc.,
Plaintiff,
v.
Travelport Limited, Travelport, LP, d/b/a
Travelport;
Orbitz Worldwide, LLC d/b/a Orbitz;
and
Sabre Inc, Sabre Holdings Corporation, Sabre
Travel International Limited d/b/a Sabre
Travel Network,
Defendants.

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) Civil Action No. 4:11-cv-00244-Y
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FIRST AMENDED STIPULATED PROTECTIVE ORDER
Before the Court is the Agreed Motion to Amend Protective Order (the "Motion").
The Motion is GRANTED, and the Court hereby enters this First Amended Stipulated
Protective Order (the "Protective Order") pursuant to Federal Rule of Civil Procedure 26.
THE PARTIES AGREE THAT certain documents and information have been and
may be sought, produced or exhibited by and between the parties to the above-styled
proceeding (the "Proceeding") which relate to the parties' trade secrets, confidential
information, and other kinds of commercially sensitive information which the party
making the production deems confidential; and

THE PARTIES FURTHER AGREE that, to preserve the confidentiality of certain
documents and information, a protective order should be entered by the Court; and
THE PARTIES FURTHER AGREE that the confidentiality designation of any
materials cannot be used in evidence or as proof of anything; and
The Court has reviewed the terms and conditions of this Protective Order
submitted by the parties and believes them to be consistent with Federal Rule of Civil
Procedure 26,

IT IS HEREBY ORDERED THAT:
1.

This Protective Order shall govern all documents, the information

contained therein, and all other information produced or disclosed during the Proceeding
whether revealed in a document, deposition, other testimony, discovery response or
otherwise, by any party in this Proceeding (the "Supplying Party") to any other party (the
"Receiving Party"), when the same is designated in accordance with the procedures set
forth herein.

This Protective Order is binding upon the parties to the Proceeding,

including their respective corporate parents, subsidiaries and affiliates and their
respective attorneys; agents, representatives, consulting and testifying experts, officers
and employees and others as set forth in this Protective Order.
2.

A subpoenaed third party who so elects in a writing served on all parties

may avail itself of, and agree to be bound by, the tenns and conditions of this Protective
Order and thereby become a Supplying Party for purposes ofthis Protective Order.

The

parties, in conducting discovery from third parties, shall attach to such discovery requests
a copy of this Protective Order so as to apprise such third parties of their rights herein.
A third party that elects to become a Supplying Party for purposes of this Protective

2

Order shall have the same rights and obligations as any other Supplying Party to
designate any "Confidential" or "Outside Attorneys' Eyes Only" material it produces
consistent with the provisions in this Protective Order.
3.

Any Supplying Party shall have the right to identify and designate as

"Confidential" or "Outside Attorneys' Eyes Only" any document or other materials it
produces or provides (whether pursuant to court order, subpoena or by agreement), or any
testimony given in this Proceeding, which testimony or discovery material is believed in
good faith by that supplying party to constitute, reflect or disclose its confidential,
proprietary, or trade secret information, as those terms are understood under applicable
state and federal law ("Designated Material").
4.

Designated Material as used herein includes without limitation documents,

information contained in documents, information revealed during a deposition or other
testimony, information revealed in an interrogatory answer, or information otherwise
revealed during the Proceeding.
5.

"Inside Counselors" as used herein refers to no more than two in-house

attorneys for each party who are primarily responsible for managing the litigation in this
Proceeding.

Inside Counselors shall agree not to participate in negotiations of

commercial agreements between the parties on behalf of their respective clients during
the pendency of this litigation (including appeals) and for two (2) years thereafter.

The

designated Inside Counselors for each party are as follows:
(a)

For American Airlines, Inc: Bruce Warle and Donald Broadfield,
Jr.

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(b)

For Travelport Limited and Travelport, LP d/b/a Travelport:
Richard Hastings and Shaun Redgrave.

(c)

For Sabre Inc., Sabre Holdings Corp., and Sabre Travel
International Limited d/b/a Sabre Travel Network: Sonia Ferguson
and David Schwarte.

(d)

For Orbitz Worldwide, LLC d/b/a Orbitz: Craig Sonnenschein and
Suzanne Browne.

Any Party may change the designation of its Inside Counselors upon written notice to all
other parties if the previously-designated Inside Counselor is no longer employed by the
Party or with the Court's permission for good cause shown.
6.

Specific documents and interrogatory answers produced by a Supplying

Party shall, if appropriate, be designated pursuant to this Protective Order by marking the
first page of the document and each subsequent page thereof containing Confidential
Information with the legend:

"CONFIDENTIAL (No. 4:11-cv-00244-Y)"
or

"OUTSIDE ATTORNEYS' EYES ONLY (No. 4:11-cv-00244-Y)"
Alternatively, a Supplying Party may designate information as Confidential
Information by indicating in a writing served to all counsel of record the page range or
bates-stamp range or otherwise identifying the materials in a manner that is readily
ascertainable.
7.

Information disclosed at a deposition taken in connection with this

Proceeding may be designated pursuant to this order as follows:

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(a)

A Supplying Party (or its counsel) may designate testimony, given
by any fact or expert witness as "Confidential" or "Outside
Attorneys' Eyes Only" on the record during the taking of the
deposition, in which case the stenographic employee or court
reporter recording or transcribing such testimony shall be directed
either to bind any transcript page(s) containing Confidential
Information separately and apart from any transcript page(s)
containing no such Confidential Information or to ensure that the
transcript identifies the page-range of the Confidential
Information; or

(b)

A Supplying Party (or its counsel) may notify all other parties to
this Protective Order in writing, within twenty-one (21) calendar
days of receipt of the transcript of a deposition of any witness of
specific pages and lines of the transcript which are designated as
"Confidential" or "Outside Attorneys' Eyes Only," whereupon
each party shall treat the designated excerpts in accordance with
this Order.

To facilitate the designation of Confidential

Information, all transcripts of depositions shall be treated in their
entirety as "Outside Attorneys' Eyes Only" for a period of twentyone (21) calendar days following delivery by court reporter of
certified transcripts to all parties.
8.

Confidential Information shall be disclosed by the Receiving Party only to

the following persons:

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(a)

Outside counsel for the Plaintiff and Defendants whose lawyers
have filed appearances in this Proceeding, including their
attorneys, paralegals, investigators, stenographic and clerical
employees; the personnel supplied by any independent contractor
(including litigation support service personnel or attorneys and
paralegals assisting in document review) with whom such
attorneys work in connection with the Proceeding;

(b)

Inside Counselors, as that term is defined in Paragraph 5 of this
Order;

(c)

Any outside consultant or expert who is retained in connection
with this Proceeding and to whom it is necessary to disclose
Confidential Information for the purpose of assisting in, or
consulting with respect to, the preparation of this Proceeding and
who signs the document attached hereto as Exhibit A, agreeing to
be bound by the terms of this Protective Order;

(d)

The Court and any members of its staff to whom it is necessary to
disclose Confidential Information for the purpose of assisting the
Court in this Proceeding;

(e)

Witnesses in this action to whom disclosure is reasonably
necessary for this litigation and who have signed the document
attached as Exhibit A, agreeing to be bound by the terms of this
Protective Order;

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(f)

Stenographic employees and court reporters recording or
transcribing testimony relating to the Proceeding;

(g)

The author, addressees, or recipients of the document, or the
original source of the Confidential Information, provided such
authors, addressees, or recipients sign the document attached
hereto as Exhibit A, agreeing to be bound by the terms of this
Protective Order; and

(h)

Any other person to whom the Supplying Party agrees in writing or
on the record, provided that such person signs the document
attached hereto as Exhibit A, agreeing to be bound by the terms of
this Protective Order.

9.

Persons having knowledge of Confidential Information by virtue of the

disclosure of such information by a Supplying Party in discovery in this Proceeding shall
use that Protected Information only in connection with the prosecution or appeal of the
Proceeding, and shall neither use such Confidential Information for any other purpose nor
disclose such Confidential Information to any person who is not identified in paragraph 7
of this Protective Order.

The parties agree that Confidential Information can be used in

any other proceeding between the parties and in which a protective order agreed to by the
parties is in place, with the written permission ofthe Supplying Party, which permission
shall not be unreasonably withheld.

In the event that permission to use Confidential

Infonnation is not given by the Supplying Party, the Receiving Party may petition the
Court for relief.

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10.

Nothing shall prevent disclosure of Confidential Information beyond the

terms of this Protective Order (a) if the Supplying Party (or its counsel) consents in
writing to such disclosure, (b) if a Supplying Party knowingly discloses its own
Confidential Information in a public or non~redacted pleading filed in the Court's public
record or in a publication disseminated to the general public, or (c) the Court, after
reasonable written notice to counsel for all the parties, and after an opportunity to be
heard by counsel for the Supplying Party, orders such disclosure.
11.

The Parties expect the Proceeding will require the production (in hard

copy and/or electronic form) of certain categories of extremely sensitive confidential
trade secret or proprietary information that the Supplying Party reasonably believes may
substantially compromise and/or jeopardize the Supplying Party's business interests, even
if limited to the persons listed in Paragraph 8 above ("Outside Attorneys' Eyes Only
Information").

Outside Attorneys' Eyes Only Information may include without

limitation: (a) the negotiation, terms, and course of performance onegal agreements; (b)
pricing information; (c) financial information, including sales and profits, that is not
otherwise public information; (d) the content of and strategy related to current and past
business dealings, including confidential communications with customers (e) intellectual
property; (f) trade secrets; know~how, or proprietary data; (g) information relating to
unreleased products and services, or products and services that may still be in
development").
12.

All the provisions set forth above applicable to Confidential Information

shall apply equally to Outside Attorneys' Eyes Only Information, except that disclosure

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of Outside Attorneys' Eyes Only Information by the receiving party shall be limited to
the following persons:
(a)

Outside counsel for the Plaintiff and the Defendants whose lawyers
have filed appearances in this Proceeding (specifically excluding
in-house counsel), including their attorneys, paralegals,
investigators, stenographic and clerical employees; the personnel
supplied by any independent contractor (including litigation
support service personnel or attorneys and paralegals assisting in
document review) with whom such attorneys work in connection
with the Proceeding;

(b)

Any outside consultant or expert who retained in connection with
this Proceeding and to whom it is necessary to disclose Outside
Attorneys' Eyes Only Information for the purpose of assisting in,
or consulting with respect to, the prosecution or defense of this
Proceeding, and who signs the document attached hereto as Exhibit
A, agreeing to be bound to the terms of this Protective Order;

(c)

The author, addressees, or recipients of the document, or the
original source of the Outside Attorneys' Eyes Only Information
who signs the document attached hereto as Exhibit A, agreeing to
be bound to the terms of this Protective Order;

(d)

The Court and any members of its staff to whom it is necessary to
disclose Outside Attorneys' Eyes Only Information for the purpose
of assisting the Court with respect to the Proceeding;

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(e)

Stenographic employees and court reporters recording or
transcribing testimony relating to the Proceeding.

13.

There may be certain limited pieces of information-documents,

interrogatory answers and/or deposition testimony-that are marked "Outside Attorneys'
Eyes Only" by a Supplying Party and that the Receiving Party believes it must show to its
clients to adequately prepare its case for trial.

If a Receiving Party believes that

information falls within this category, it shall identify the information to the Supplying
Party with specificity and disclose the in-house personnel to whom it wishes to disclose
the information.

The Supplying Party will provide a good faith response concerning its

willingness (or lack of willingness) to permit the information to be shown to the disclosed
in-house personnel within five (5) business days.

If the Supplying Party is unwilling to

permit the Receiving Party to show the information to the Receiving Party's clients, the
Receiving Party may then raise the matter with the Court.
14.

Persons having knowledge of Outside Attorneys' Eyes Only Information

by virtue of the disclosure of such information by a Supplying Party in discovery in this
Proceeding shall use that Outside Attorneys' Eyes Only Information only in connection
with the prosecution or appeal of the Proceeding, and shall neither use such Outside
Attorneys' Eyes Only Information for any other purpose nor disclose such Outside
Attorneys' Eyes Only Information to any person who is not identified in paragraph 12 of
this Protective Order.

The parties agree that Outside Attorneys' Eyes Only Information

can be used in any other proceeding in which a protective order agreed to by the parties is
in place, with the written permission of the Supplying Party, which permission shall not

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be unreasonably withheld.

In the event that permission to use Confidential Information

is not given by the Supplying Party, the Receiving Party may petition the Court for relief.
15.

Prior to the disclosure of any Designated Material to any person identified

in paragraphs 8 (b), (c), (e), (g) or (h) or 12 (b) or (c), such person shall be provided with
a copy of this Protective Order, which he or she shall read and upon reading shall sign a
Certification, in the form attached hereto as Exhibit A, acknowledging that he or she has
read this Protective Order and shall abide by its terms.

Counsel for the party seeking to

disclose Designated Material to any person identified in paragraphs 8(b) or (g) or 12(c)
shall then serve all other parties in this Proceeding with a copy of the executed
Certification.

Counsel for the party seeking to disclose Designated Material to any

person identified in paragraphs 8(e) or (h), or any person identified in paragraphs 8(c) or
12(b) other than the parties' outside economists, shall then serve all other parties in this
Proceeding with a copy of the executed Certification and shall refrain from disclosing
Designated Material for one business day, during which time the other parties may raise
objections.

If such an objection is raised, counsel for the party seeking to disclose

Designated Material shall not do so until the matter is resolved by the Court.

Failure to

raise an objection within 24 hours does not waive the right of a party to lodge an
objection at a later date and seek relief from the Court.

Executed Certifications signed

by outside economists shall be maintained by the party retaining them, but need not be
served on the other parties.

Persons who come into contact with Designated Material

for clerical, administrative, paralegal, stenographic or court reporting purposes are not
required to execute acknowledgements.

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16.

All deponents, their counsel and all witnesses to depositions, shall be

advised of this Protective Order and its terms on the record at the beginning of all
depositions in the Proceeding (such advising not to count against the time limits for such
depositions).

A deponent shall not be permitted to retain copies of Designated Material

unless the deponent is otherwise entitled to receive and retain such copies under the terms
of this Protective Order.

A deponent's counsel shall not be permitted to retain any

copies of Designated Material unless such counsel represents one of the parties in this
Proceeding or is otherwise entitled to receive and retain such copies under the terms of
this Protective Order.

Nothing in this paragraph shall prevent a deponent or deponent's

counsel from having reasonable access to the deponent's deposition, including exhibits
thereto, for purposes of executing the deposition, preparing to testify further in this
Proceeding, or for other purposes agreed to by all the parties.
17.

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Any party (the "Objecting Party") may challenge the propriety of the

designation (or re-designation) of specific material as "Confidential" or "Outside
Attorneys' Eyes Only" by serving a written objection that identifies the particular
material being challenged (by Bates number or other reasonable description or
identification), and provides the basis for the challenge.

The Supplying Party or its

counsel shall thereafter respond to the objection in writing within five (5) business days
of its receipt of such written objection by either (i) agreeing to remove the designation, or
(ii) stating the reasons why the designation was made.

lfthe Objecting Party and the

Supplying Party are subsequently unable to agree upon the terms and conditions of
disclosure for the material(s) at issue, the Objecting Party may file a motion with the
Court in order to resolve the disputed designation.

12

Pending the resolution of the

disputed designation, the material(s) at issue shall continue to be treated in accordance
with the Supplying Party's designation of the material unless and until differing treatment
is directed pursuant to order of the Court.
18.

Nothing in this Protective Order shall restrict any party's outside counsel

from rendering advice to its clients with respect to this Proceeding and, in the course
thereof, relying upon Confidential Information or Outside Attorneys' Eyes Only
Information; provided, however, that in rendering such advice, outside counsel shall not
disclose any other party's Confidential Information or Outside Attorneys' Eyes Only
Information other than in a manner provided for in this Protective Order.
19.

Inadvertent production of any document or information without an

appropriate designation of confidentiality will not be deemed to waive a later claim as to
its confidential nature or stop the Supplying Party from designating said document or
information at a later date by complying with the provisions above.

Disclosure of said

document or information by any party prior to such subsequent designation shall not be
deemed a violation of this Protective Order; provided, however, that any party that
disclosed the redesignated material shall make a good-faith effort promptly to procure all
copies of such redesignated material from any persons known to have possession of any
such redesignated material who are no longer entitled to receipt under paragraphs 8 and
12 above.
20.

If a Supplying Party inadvertently discloses information that is subject to

the attorney-client privilege or the work-product doctrine, such disclosure shall not
constitute a waiver of, or an estoppel as to any claim of, such privilege or protection ifupon discovery of such disclosure-the Supplying Party promptly informs the Receiving

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Party that the information is subject to a claim of privilege, immunity, or protection.

If

the Supplying Party notifies the Receiving Party that the information is subject to a claim
of privilege, immunity or protection, then counsel for the Receiving Party shall comply
with Fed. R. Civ. P. 26(b)(5)(B).
21.

Except as agreed in writing by counsel for the Supplying Party, to the

extent that any Designated Material is, in whole or in part, contained in, incorporated in,
disclosed in or attached to any pleading, motion, memorandum, appendix or other
judicial filing, counsel shall file the submission under seal, and the submission shall be
designated and treated as a "Sealed Document," in accordance with the Court's order of
June 9, 2011.

(Doc. 69.)

All Sealed Documents, filed under seal pursuant to this

Protective Order, shall be electronically filed under seal and shall remain sealed until
sixty days after the final disposition of this case in accordance with local rule 79.4.
Doc. 69.)

(See

Such Sealed Documents shall be released by the Clerk of the Court only upon

further order of the Court, with appropriate notice to all and an opportunity to be heard by
all parties to the Proceeding.
22.

If Designated Material is used during depositions, it shall not lose its

confidential status through such use, and counsel shall exercise their best efforts and take
all steps reasonably required to protect its confidentiality during such use.
23.

Nothing in this Protective Order shall be deemed a waiver of any objection

or privilege a party may claim to the production of any documents, nor shall anything in
this Protective Order prevent the parties from seeking an order from the Court, upon
proper notice to all parties, further restricting the disclosure of documents or information
designated pursuant to this order.

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24.

Upon the conclusion of the Proceeding, including any appeal related

thereto, at the written request and option of the Supplying Party, within thirty (30)
calendar days of such request any person or entity having custody or control of
Designated Material or of recordings, notes, memoranda, summaries or other written
materials, and all copies thereof, relating to or containing Designated Material shall
certify that all such Designated Material and any copies thereof, any and all records,
notes, memoranda, summaries or other written material regarding the Designated
Material have been destroyed or returned to the Supplying Party.

Any request for return

or destruction shall be made within ninety (90) days of the conclusion of this Proceeding,
including all appeals.

If a Supplying Party does not request the return of its Designated

Material within the specified time period, parties in possession of said material shall
destroy the material, and a Clerk of Court in possession of said material may destroy the
material consistent with the terms of this Protective Order.
25.

To the extent Designated Material is in the possession of outside counsel

to a Party at the conclusion of the Proceeding, outside counsel shall make reasonable
efforts to destroy all Designated Material, including: (a) destroying all hard copies of
documents designated as "Confidential" or "Outside Attorneys' Eyes Only,"; (b)
eliminating any electronic databases that have been created to assist in the prosecution or
defense of the Proceeding that hold electronic copies of documents designated as
"Confidential" or "Outside Attorneys' Eyes Only"; and (c) informing all personnel who
have worked on the Proceeding that documents designated as "Confidential" or "Outside
Attorneys' Eyes Only" must be automatically destroyed pursuant to outside counsel's
typical document retention policy.

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26.

If Designated Material is disclosed to any person other than in the manner

authorized by this Protective Order, the party responsible for the disclosure shall within
two (2) business days after learning of such disclosure, inform the Supplying Party of all
pertinent facts relating to such disclosure and shall make every effort to prevent
disclosure by each unauthorized person who received such information.
27.

If a Receiving Party is served with a discovery request, subpoena or an

order issued in other litigation or proceedings that would compel disclosure of any
information or items designated in this action as "Confidential" or "Outside Attorneys'
Eyes Only," the Receiving Party must:
a.
Party.

Notify in writing, as soon as reasonably practicable, the Supplying

Such notification shall include a copy of the subpoena or court order;
b.

Notify in writing, as soon as reasonably practicable, the party who

caused the subpoena or order to issue in the other litigation that some or all of the
material covered by the subpoena or order is subject to this Protective Order.

Such

notification shall include a copy of this Protective Order; and
If the Supplying Party timely seeks a protective order, the Receiving Party served
with the subpoena or court order shall not produce any information designated in this
action as "Confidential" or "Outside Attorneys' Eyes Only" before a determination by the
court from which the subpoena or order issued, unless the Receiving party has obtained
the Supplying Party's permission.

The Supplying Party shall bear the burden and

expense of seeking protection in that court of its Designated Material - and nothing in
these provisions should be construed as authorizing or encouraging a Receiving Party in
this action to disobey a lawful directive from another court.

16

28.

Subject to the applicable rules of evidence, Designated Material may be

offered in evidence at trial or any court hearing, provided that the party offering
Designated Material ("the Offering Party") provides reasonable notice to the Supplying
Party.

Any party or third party may move the Court for an order that evidence,

including documents and testimony, be received in camera or under other conditions to
prevent unnecessary disclosure of Confidential or Outside Attorneys' Eyes Only
Information.

Prior to trial or to a hearing in open court, the Court may determine what

protection, if any, will be afforded to such information at the trial or hearing.

In the

event the Offering Party cannot practicably provide notice to the Supplying Party, the
Offering Party shall, prior to offering in evidence any Designated Material, move the
Court for an order that evidence, including documents and testimony, be received in
camera or under other conditions to prevent unnecessary disclosure of Confidential or
Outside Attorneys' Eyes Only Information.
29.

The terms of this Protective Order shall be binding upon all current and

future parties to this Proceeding and their counsel.

If any new party and its counsel

should enter this litigation, within five (5) days of the entry of appearance by a new party
and its counsel to this Proceeding, Plaintiff shall serve the new party and its counsel with
a copy ofthis Protective Order, and the new party shall be required to sign it or lodge any
I

objections to this Protective Order within three (3) business days after receiving service
of the Protective Order.
30,

Nothing contained in this Protective Order shall preclude any party from

using its own Confidential Information or Outside Attorneys' Eyes Only Information in
any manner it sees fit, without prior consent of any party or the Court.

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If a Supplying

Party knowingly discloses its own Confidential Information or Outside Attorneys' Eyes
Only Information in a public or non-redacted pleading filed in the Court's public 'record
or in a publication disseminated to the general public, the Supplying Party shall be
deemed thereby to have consented to the removal of that designation with respect to the
information disclosed.
31.

By written agreement of the parties or upon motion and order of the Court

the terms of this Protective Order may be amended, modified or vacated.
Dated: March 14,2012
AGREED BY AND ENTRY REQUESTED:

AGREED BY AND ENTRY REQUESTED:

/s Yolanda C. Garcia
R. Paul Yetter
State Bar No. 22154200
Anna Rotman
State Bar No. 24046761 '
YETTER COLEMAN LLP
909 Fannin,. Suite 3600
Houston, Texas 77010
713.632.8000
713.632.8002 (fax)

/s Walker C. Friedman
Walker C. Friedman
State Bar No. 07472500
[e-mail]
FRIEDMAN, SUDER & COOKE
604 E. 4th Street, Suite 200
Fort Worth, Texas 76102
817.334.0144
817.334.0401 (fax)
Michael 1. Weiner
[e-mail]
Dechert LLP
1095 Avenue of the Americas
New York, New York 10036-6797
212.698.3608
212.698.3599 (Fax)

Bill Bogle
State Bar No. 025661000
Roland K. Johnson
State Bar No. 00000084
HARRIS, FINLEY & BOGLE, P.C.
777 Main Street, Suite 3600
Fort Worth, Texas 76102
817.870.8700
817.332.6121 (fax)

Mike Cowie
[e-mail]
Craig Falls
[e-mail]
Dechert LLP
1775 I Street, NW
Washington, D.C. 20006-2401
202.261.3300

Yolanda C. Garcia
State Bar No. 24012457
Michelle Hartmann
State Bar No. 24032401
WElL, GOTSHAL & MANGES LLP

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202.261.3333 (Fax)

200 Crescent Court, Suite 300
Dallas, Texas 75201-6950
214.746.7700
214.746.7777 (fax)

John T. Schriver
[e-mail]
Paul E. Chronis
[e-mail]
Duane Morris LLP
Suite 3700
190 South LaSalle Street
Chicago, Illinois 60603-3433
312.499.6700
312.499.6701 (Fax)

Of Counsel:
DEWEY & LEBOEUF LLP
M.J. Moltenbrey
1101 New York Ave. NW
Washington, D.C. 20005
202.346.8738
202.346.8102 (fax)

Attorneys for Defendants
Travelport, L.P.,

WElL, GOTSHAL & MANGES LLP
Richard A. Rothman
James W. Quinn
767 Fifth Avenue
New York, New York
212.310.8426
212.310.8285 (fax)

Travelport

Ltd.,

/s Christopher S. Yates
Christopher S. Yates
Email: [e-mail]

10153

Daniel M. Wall
Email: [e-mail]

Attorneys for PlaintiffAmerican Airlines, Inc.

Brendan A. McShane
Email: [e-mail]
LATHAM & WATKINS LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111-6538
Telephone: [phone]
Facsimile: [phone]
John J. Little
Email: [e-mail]
Stephen G. Gleboff
Texas State Bar No. 08024500
Email: [e-mail]
Megan K. Dredla
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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Is Scott A. Fredricks
Scott A. Fredricks
Texas Bar No. 24012657
([e-mail])
Ralph H. Duggins
Texas Bar No. 06183700
(rduggins@canteyhanger. com)
Philip A. Vickers
Texas Bar No. 24051699
(pvickers@canteyhanger. com)
CANTEY HANGER LLP

Cantey Hanger Plaza
600 West 6th Street, Suite 300
Fort Worth, TX 76102-3685
Phone: [phone]
Facsimile: [phone]
Donald E. Scott
Colorado Bar No. 21219, Illinois Bar No.
2531321
([e-mail])
Karma M. Giulianelli
Colorado Bar No. 30919, California Bar No.
184175
([e-mail])
Sean C. Grimsley
Colorado Bar No. 36422, California Bar No.
216741
(sean. [e-mail])
Sundeep K. (Rob) Addy
Colorado Bar No. 38754
([e-mail])
BARTLIT BECK HERMAN PALENCI-IAR & SCOTT
LLP

1899 Wynkoop Street, 8th Floor
Denver, Colorado 80202
Phone: [phone]
Facsimile: [phone]
Chris Lind
Illinois Bar No. 6225464, Colorado Bar No
27719

20

([e-mail])
Andrew K. Polovin
Illinois Bar No. 6275707
([e-mail])
Katherine M. Swift
Illinois Bar No. 6290878
([e-mail])
BARTLTT BECK HERMAN PALENCHAR & SCOTT

LLP
54 West Hubbard Street, Suite 300
Chicago, lL 60610
Phone: [phone]
Facsimile: [phone]
George S. Cary
([e-mail])
Steven 1. Kaiser
([e-mail])
CLEARY GOTTLIEB STEEN & HAMILTON

LLP

2000 Pennsylvania Ave., N.W.
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
Attorneys for Sabre Inc., Sabre Holdings
Corporation, and Sabre Travel Int 'l Ltd. d/b/a
Sabre Travel Network

ENTERED this

day of

, 2012.

Terry R. Means
United States District Judge

21

Exhibit A

American Airlines, Inc.,
Plaintiff,

v.
Travelport Limited, Travelport, LP, d/b/a
Travelport;
Orbitz Worldwide, LLC d/b/a Orbitz;
and
Sabre Inc, Sabre Holdings Corporation, Sabre
Travel International Limited d/b/a Sabre
Travel Network,
Defendants.

)
)
)
)
)
)
) Civil Action No.4: ll-cv-00244-Y
)
)
)
)
)
)
)
)
)
)
)
)

I hereby certify (i) my understanding that Designated Material and/or Confidential
Information and/or Outside Attorneys' Eyes Only Information are being provided to me
pursuant to the terms and restrictions of the Protective Order (the "Order") entered by the
United States District Court for the Northern District of Texas (the "District Court") in
the above-captioned Action, and (ii) that I have read and understood the terms the Order.
I hereby agree to

~e

fully bound by the Order and further agree to submit to the

jurisdiction of the District Court for purposes of enforcement of the Order.

I certify that

I will not use any information disclosed to me under the terms of this Order other than for
the purposes described in the Order.

I understand that violation of the Order may be

punishable by contempt of Court.

22

Dated:

_

Signature:

Printed Name and Title:

Business Address:

23

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_