American Airlines Inc v. Travelport Limited et al

Filing 374

SECOND AMENDED STIPULATED PROTECTIVE ORDER: The Court enters this Second Amended Stipulated Protective Order pursuant to Federal Rule of Civil Procedure 26. The parties stipulate as follows...[see Order for specifics] (Ordered by Judge Terry R Means on 7/16/2012) (klm)

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

SECOND AMENDED STIPULATED PROTECTIVE ORDER
The Court enters this Second Amended Stipulated Protective Order (“Protective Order”)
pursuant to Federal Rule of Civil Procedure 26. The parties stipulate as follows:
1.

Certain documents and information have been and may be sought, produced, or

exhibited by and between the parties to the above-styled proceeding (“Proceeding”) that relate to
the parties’ trade secrets, confidential information, and other kinds of commercially sensitive
information that the party making the production deems confidential; and
2.

To preserve the confidentiality of certain documents and information, a protective

order should be entered by the Court; and
3.

The confidentiality designation of any materials cannot be used in evidence or as

proof of anything.
Pursuant to the parties’ stipulations and Rule 26(c), the following is hereby
ORDERED:
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 (“Supplying Party”) to any other party (“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 terms and conditions of this Protective Order and
thereby become a Supplying Party for purposes of this 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 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.

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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 Wark and Donald Broadfield, Jr.

(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-244-Y)”
or
“OUTSIDE ATTORNEYS’ EYES ONLY (No. 4:11-cv-244-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.

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7.

Information disclosed at a deposition taken in connection with this Proceeding

may be designated pursuant to this order as follows:
(a)

(b)

8.

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
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 twenty-one (21) calendar days following delivery by court reporter of
certified transcripts to all parties.

Confidential Information shall be disclosed by the Receiving Party only to the

following persons:
(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;
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(e)

(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)

9.

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;

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.

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 of the Supplying Party, which permission shall not 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.
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

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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 of legal 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 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
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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)

(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;

(e)
13.

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;

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

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
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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 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.

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. If the
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. Pending the resolution of the disputed
designation, the material(s) at issue shall continue to be treated in accordance with the Supplying

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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 if— upon discovery of
such disclosure—the Supplying Party promptly informs the Receiving Party that the information
is subject to a claim of privilege, immunity, or protection. If the Supplying Party notifies the

10

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. (See Doc. 69.) 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.
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,

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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.
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.

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

13

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 of this Protective
Order, and the new party shall be required to sign it or lodge any 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. Information that a Receiving Party, or
an expert witness retained by a Receiving Party, acquired or acquires through means other than
through disclosure of Confidential Information or Outside Attorneys’ Eyes Only Information by
a Supplying Party does not become Confidential Information or Outside Attorneys’ Eyes Only
Information for the purposes of this Protective Order on the basis that a Supplying Party
produces Designated Materials containing the same information. A Receiving Party, or an
expert witness retained by a Receiving Party, possessing or acquiring information other than
through disclosure by a Supplying Party may use or disclose that information without prior
consent of any party or the Court, but may not, under any circumstance, use or disclose
Confidential Information, Outside Attorneys’ Eyes Only Information, or Designated Materials

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produced by a Supplying Party except as provided by the terms of this Protective Order. 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.
Unless this order includes a clause that explicitly states that a particular local civil
rule is modified as applied to this case, nothing in this order shall be construed to modify
the provisions, operation, or effect of any local civil rule of this court.
SIGNED July 16, 2012.

____________________________
TERRY R. MEANS
UNITED STATES DISTRICT JUDGE

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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
Michael L. Weiner
[e-mail]
DECHERT LLP
1095 Avenue of the Americas
New York, NY 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)

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)

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

Yolanda C. Garcia
State Bar No. 24012457
Michelle Hartmann
State Bar No. 24032401
WEIL, GOTSHAL & MANGES LLP
200 Crescent Court, Suite 300
Dallas, Texas 75201-6950
214.746.7700
214.746.7777 (fax)

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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)

Of Counsel:
M.J. Moltenbrey
[e-mail]
PAUL HASTINGS LLP
875 15th St., N.W.
Washington, D.C. 20005
202.551.1700
202.551.1705 (fax)
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)
Attorneys for Plaintiff American Airlines, Inc.

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, Ltd., and
Travelport, L.P.

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/s Christopher S. Yates
Christopher S. Yates
Email: [e-mail]
Daniel M. Wall
Email: [e-mail]
Brendan A. McShane
Email: [e-mail]
LATHAM & WATKINS LLP
505 Montgomery Street, Suite 2000
San Francisco, CA94111-6538
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant Orbitz Worldwide, LLC
/s 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
([e-mail])
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
(don. scott@bartlit-beck. com)
Karma M. Giulianelli
Colorado Bar No. 30919,
California Bar No. 184175
(karma. giulianelli@bartlit-beck. com)
Sean C. Grimsley
Colorado Bar No. 36422,
California Bar No. 216741
([e-mail])

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Sundeep K. (Rob) Addy
Colorado Bar No. 38754
(rob. addy@bartlit-beck. com)
BARTLIT BECK HERMAN
PALENCHAR & SCOTT LLP
1899 Wynkoop Street, 8th Floor
Denver, Colorado 80202
Phone: [phone]
Facsimile: [phone]
Chris Lind
Illinois Bar No. 6225464,
Colorado Bar No 27719
([e-mail])
Andrew K. Polovin
Illinois Bar No. 6275707
(andrew.polovin@bartlit-beck. com)
Katherine M. Swift
Illinois Bar No. 6290878
(kate. swift@bartlit-beck. com)
BARTLIT BECK HERMAN
PALENCHAR & SCOTT LLP
54 West Hubbard Street, Suite 300
Chicago, IL 60610
Phone: [phone]
Facsimile: [phone]
George S. Cary
([e-mail])
Steven J. Kaiser
([e-mail])
CLEARY GOTTLIEB STEEN &
HAMILTON
2000 Pennsylvania Ave., N.W.
Washington, D.C. 20006
202.974.1920
202.974.1999 (Fax)
Attorneys for Sabre, Inc., Sabre Holdings
Corporation, and Sabre Travel Int’l Ltd.
d/b/a Sabre Travel Network

19

AMERICAN AIRLINES, INC.
VS.
TRAVELPORT LIMITED, et al.

Exhibit A
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§
§
§
§

CIVIL ACTION NO. 4:11 -CV-244-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 be 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.
Dated:______________________________

Signature:___________________________________

Printed Name and Title:
___________________________________________
___________________________________________
Business Address:
___________________________________________
___________________________________________
___________________________________________