American Airlines Inc v. Travelport Limited et al

Filing 404

Appendix in Support filed by American Airlines Inc re #403 Response/Objection to Sabre's Motion for Leave to File Sur-Reply (Hartmann, Michelle)

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
(Relates to Motion Referred to Magistrate
Judge Cureton)

APPENDIX IN SUPPORT OF AMERICAN’S BRIEF IN OPPOSITION
TO SABRE’S MOTION FOR LEAVE TO FILE SUR-REPLY TO AMERICAN’S
MOTION TO COMPEL THE DEPOSITIONS OF DEFENDANT SABRE’S WITNESSES
Plaintiff American Airlines, Inc., respectfully files this Appendix in Support of its Brief
in Opposition to Sabre’s Motion For Leave to File Sur-Reply to American’s Motion to Compel
the Depositions of Defendant Sabre’s Witnesses.
Ex.
A

App.
Pages
1-2

Description

B

3-4

Email from Michelle Hartmann to Andrew MacNally, dated June 29,
2012

C

5-7

Plaintiff’s Notice of Intent to Take the Videotaped Deposition of Sam
Gilliland, dated August 14, 2012

Email from Andrew MacNally to M. Hartmann, dated July 6, 2012

DATED: September 4, 2012

APPENDIX IN SUPPORT OF AMERICAN’S BRIEF IN OPPOSITION
TO SABRE’S MOTION FOR LEAVE TO FILE SUR-REPLY
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Page 1

Respectfully submitted,
/s/ Michelle Hartmann
Yolanda Cornejo 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)
Bill F. 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.

APPENDIX IN SUPPORT OF AMERICAN’S BRIEF IN OPPOSITION
TO SABRE’S MOTION FOR LEAVE TO FILE SUR-REPLY
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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]
PAUL HASTINGS LLP
875 15th Street, N.W.
Washington, D.C. 20005
202.551.1725
202.551.0225 (fax)
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 4th day of September, 2012.
/s/ Michelle Hartmann
Michelle Hartmann

APPENDIX IN SUPPORT OF AMERICAN’S BRIEF IN OPPOSITION
TO SABRE’S MOTION FOR LEAVE TO FILE SUR-REPLY
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EXHIBIT A

From: Andrew MacNally [mailto:[e-mail]]
Sent: Friday, July 06, 2012 7:06 AM
To: Hartmann, Michelle
Subject: RE: Depositions for the Federal Case

Michelle,
Sabre’s request to know the number and identity of the witnesses American wants to re-depose is not
unfair. Sabre is requesting that information so that it can fully understand the nature of American’s request
before responding. It is unfortunate that American will not engage in an open dialogue with Sabre that may
help the parties resolve their differences.
Your email misrepresents the history of this issue. Sabre is a defendant in two lawsuits because
American elected to sue Sabre in two separate jurisdictions based on identical allegations. Substantively
speaking there are no differences between the two suits that merit American taking two separate
depositions. Further, Sabre repeatedly informed American that Sabre’s witnesses would not sit for multiple
depositions. Despite the identical nature of the claims and Sabre’s warning, American never bothered to crossnotice the depositions in the federal case. American did not even ask to redepose a specific witness until June
26, 2012, nearly four months and twenty depositions after American began deposing Sabre’s witnesses in the
state case.
The fact that American’s witnesses are sitting for depositions in the federal case does not bear on the
question whether Sabre’s witnesses ought to do the same. American chose to include two additional defendants
in the federal action that are not a part of the state action. Travelport and Orbitz have a right to take discovery
regarding the allegations against them. This right includes taking depositions of American’s witnesses. If
American did not want its witnesses deposed twice it could have either sued the parties in only one court or
worked with Travelport and Orbitz to find a mutually acceptable means to coordinate discovery. American did
neither.
For its part, Sabre repeatedly offered to coordinate depositions in the two cases and has taken a number
of steps to lessen the burden on American’s witnesses—e.g., moving depositions to coordinate the two
depositions and cutting down on duplicative lines of questioning when feasible. Sabre has also refrained from
asking questions in the federal depositions based on its understanding that American and Sabre were taking
discovery of each other in the state case.
Finally, you are wrong in suggesting that Sabre has refused to permit American to use the state court
depositions in the federal case. Sabre has offered no less than four times to permit American to use depositions
taken in the state case for any purpose in the federal case consistent with the Federal Rules of Civil Procedure
and the Federal Rules of Evidence. Sabre stands by that offer today.
Although American is not entitled to a second deposition of any Sabre witness, Sabre would like to
reach a compromise if possible to avoid burdening the court with this issue. To that end, Sabre will agree to
make Chris Wilding available for a three-hour deposition in the federal case in exchange for American agreeing
to make Cory Garner available for an additional three hours in the federal case (for a total of 10 hours). Sabre
will not, however, agree to make its other witnesses available for American to re-depose them in the federal
case.

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Please let me know American’s position.
Best,
Andrew

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EXHIBIT B

From: Hartmann, Michelle

Sent: Friday, June 29, 2012 10:45 AM
To: Andrew MacNally
Subject: RE: Depositions for the Federal Case
Andrew,
We don't have a list of names for you, but we anticipate only taking a handful of depositions. As you know, both
sides are limited to 23 depositions. Within our 23, we intend to take Travelport depositions, Orbitz depositions,
numerous third-party depositions, and Sabre depositions.
Best regards-- Michelle

Michelle Hartmann
Weil, Gotshal & Manges LLP
200 Crescent Court, Suite 300
Dallas, TX 75201-6950
[e-mail]
[phone] Direct
[phone] Fax

From: Andrew MacNally [mailto:[e-mail]]

Sent: Thursday, June 28, 2012 3:47 PM
To: Hartmann, Michelle
Subject: RE: Depositions for the Federal Case

Michelle,
We are conferring with our client regarding your request for a second deposition of Chris Wilding. In
order to consider your request, we also need to know whether American intends to ask for second depositions of
any additional Sabre witnesses and, if so, who. Once you provide us with this information, we will be in a
position to respond to your request.
Best,
Andrew

From: Hartmann, Michelle [mailto:[e-mail]]

Sent: Tuesday, June 26, 2012 6:32 PM
To: Andrew MacNally
Subject: Depositions for the Federal Case
Andrew,
As you know, American has sat for numerous depositions in the state and federal matters. In contrast and
despite repeated requests that Sabre similarly sit for depositions in both the state and federal matters, Sabre has

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refused to sit for a single deposition-steadfastly pronouncing that it will not subject its witnesses to more than one
deposition. We do not believe that refusal is proper. Sabre is a defendant in two separate actions, and, absent
coordination (which American tried time and again to promote with all defendants in the federal action), Sabre cannot
dictate who American deposes. Accordingly, we ask that you promptly provide us dates for the deposition of Chris
Wilding in the federal matter. If you intend to continue with your unreasonable position of refusing to sit for any
deposition in the federal court matter, we ask that you immediately advise us such that we can determine next steps.
Sincerely,
Michelle

Michelle Hartmann
Weil, Gotshal & Manges LLP
200 Crescent Court, Suite 300
Dallas. TX 75201-6950
[e-mail]
[phone] Direct
[phone] Fax

The information contained in this email message is intended only for use of the individual or entity named above. If the
reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended
recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
If you have received this communication in error, please immediately notify us by email, [e-mail], and
destroy the original message. Thank you.

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EXHIBIT C

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

PLAINTIFF'S NOTICE OF INTENT TO TAKE THE
VIDEOTAPED DEPOSITION OF SAM GILLILAND
PLEASE TAKE NOTICE that, pursuant to Rule 30 of the Federal Rules of Civil
Procedure, Plaintiff American Airlines, Inc. ("American"), by and through its undersigned
counsel, intends to take the oral deposition of Sam Gilliland (the "Deponent") on September 14,
2012 beginning at 9:00a.m. at the offices of Cantey Hanger LLP, 115 Grand Avenue, Suite 222,
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Southlake, Texas 76092, or at such date and location as is mutually agreed upon, and shall
continue from day to day until completed or otherwise adjourned. American will take the oral
deposition of the Deponent before a notary public or other officer duly authorized to administer
oaths. The deposition will be recorded by stenographic means, as well as recorded by audiotape
and/or videotape.
Dated: August 14, 2012

Respectfully submitted,

Yolanda Cornejo Garcia
State Bar No. 24012457
[e-mail]
Michelle Hartmann
State Bar No. 24032401
[e-mail]
WElL, GOTSHAL & MANGES LLP
200 Crescent Court, Suite 300
Dallas, Texas 75201-6950
Telephone: [phone]
Facsimile: 214.746.7777

US_ACTIVE:\44073402\1\14013.0135

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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
Telephone: [phone]
Facsimile: 713.632.8002
Bill F. 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
Telephone: [phone]
Facsimile: 817.332.6121
ATTORNEYS FOR PLAINTIFF
AMERICAN AIRLINES, INC.
OF COUNSEL:
Richard A. Rothman
ri chard.rothman@weil. com
James W. Quinn
j [e-mail]
WElL, GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, New York 10153
Telephone: [phone]
Facsimile: 212.310.8285
MJ Moltenbrey
[e-mail]
PAUL HASTINGS LLP
875 15th Street, N.W.
Washington, DC 20005
Telephone: [phone]
Facsrnile: 202.551.0225

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CERTIFICATE OF SERVICE
I hereby certify that on August 14, 2012, I caused a true copy ofthe foregoing to be
served by hand delivery upon each of the following:
Defendants Sabre Inc., Sabre Holdings Corporation, and Sabre Travel International Ltd.,
by and through their attorney of record, Scott A. Fredricks, Cantey Hanger LLP, 600
West 6th Street, Suite 300, Fort Worth, Texas 76102
Defendants Travel port Limited and Travelport, LP, by and through their attorney of
record, Walker C. Friedman, Friedman, Suder & Cooke, Tindall Square Warehouse No. 1,
604 East Fourth Street, Suite 200, Fort Worth, Texas 76102
Defendant Orbitz Worldwide, LLC, by and through its attorney of record, John J. Little,
Little Pedersen Fankhauser LLP, 901 Main Street, Suite 4110, Dallas, Texas 75202
A11 other counsel of record were served via em\/ ~

~

Victoria Neave

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