American Airlines Inc v. Travelport Limited et al

Filing 415

ORDER MODIFYING PROTECTIVE ORDER granting #412 Emergency MOTION to Modify the Protective Order and Request to Expedite Briefing Schedule, granting (doc. #414), Sealed Motion. (See order for specifics) (Ordered by Judge Terry R Means on 10/16/2012) (npk)

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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ACTION NO. 4:11-CV-244-Y
(ODD-DOCKET LAW CLERK)

ORDER MODIFYING PROTECTIVE ORDER
Pending before the Court is the Emergency Motion to Modify the
Protective Order and Request for Expedited Briefing Schedule (doc.
412) filed by defendants Sabre Inc., Sabre Holdings, and Sabre Travel
International Limited (collectively, "Sabre"). Also pending before
the Court is the Combined Emergency Motion to Lift the Stay for the
Limited Purpose of Determining Whether American Can Use the O'Hara
Deposition Testimony in the Tarrant County Case and Motion for
Expedited Treatment (doc. 414) filed by American Airlines, Inc.
("American").

After careful review of both motions, the Court

concludes that they should be and are hereby GRANTED to the extent
they seek expedited review and to the extent they seek to use
depositions taken in this case at the trial pending in the 67th
Judicial District Court, Tarrant County, Texas, in cause number 067249214-10, styled American Airlines, Inc. v. Sabre, Inc., et al. ("the
state-court case").
As a result, the First Amended Stipulated Protective Order (doc.
267) filed in this case on March 20, 2012, is AMENDED to permit the
use of any depositions taken in this action, including those
designated, in whole or in part, “Confidential” or “Outside Attorneys'
Eyes Only," in the trial of the state-court case, as deemed
appropriate by the state court.

The portions of these depositions

designated as "Confidential" or "Outside Attorneys' Eyes Only" under
this Court's protective order are DEEMED "Confidential" or "Highly
Confidential," respectively, under the state-court's Second Amended
Confidentiality Stipulation and Protective Order (attached as exhibit
6 to Sabre's motion), and may be used in the trial of the state-court
case consistently with the rulings of that court.

Any deponent in

this action whose deposition is designated for use in the trial of
the state-court case may seek protection for its confidential
information in the state-court case in accordance with that court's
protective orders.
Any other relief requested in the above-referenced motions not
specifically granted herein is denied.
SIGNED October 16, 2012.
____________________________
TERRY R. MEANS
UNITED STATES DISTRICT JUDGE