American Airlines Inc v. Travelport Limited et al

Filing 418

Unopposed MOTION to Stay Party Discovery and Extend Current Deadlines and Request for Expedited Treatment filed by American Airlines Inc, Orbitz Worldwide, LLC, Travelport Limited, Travelport, LP (Attachments: #1 Proposed Order) (Yates, Christopher)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
AMERICAN AIRLINES, INC.
v.
TRAVELPORT LIMITED, et al.

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

AMERICAN AIRLINES, INC.’S, TRAVELPORT LIMITED AND
TRAVELPORT, L.P.’S, AND ORBITZ WORLDWIDE, LLC’S
UNOPPOSED MOTION TO STAY PARTY DISCOVERY AND EXTEND
CURRENT DEADLINES AND REQUEST FOR EXPEDITED TREATMENT1
Plaintiff American Airlines, Inc. (“American”) and Defendants Travelport Limited and
Travelport, L.P. (collectively, “Travelport”) and Orbitz Worldwide, LLC (“Orbitz,” together
with Travelport and American, the “Parties”) hereby file this Unopposed Motion to Stay Party
Discovery and Extend Current Deadlines. As the Court is aware, this case has been stayed since
September 6, 2012 to allow American and Travelport to pursue mediation and the parties to seek
resolution of this case. See Sept. 6, 2012 Order (Doc. 407). According to the Court’s Order
staying the case, the stay is set to automatically expire today, December 21, 2012. Id. The
parties now ask the Court to stay all party discovery in the case through January 15, 2013 and to
extend all case deadlines 25 days. This limited stay and extension will allow the parties to
continue settlement discussions and potentially resolve this litigation. The stay would not
continue for third party discovery.
In the time since the Court entered its stay order, American and Travelport have pursued
intense mediation and settlement efforts. American and Travelport participated in two days of
mediation before Judge Layn R. Phillips on December 12 and 13. Since the conclusion of the
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Defendants Sabre Inc., Sabre Holdings Corporation, and Sabre Travel International Ltd. d/b/a Sabre Travel
Network (collectively, “Sabre”), have settled and resolved their disputes with American. See Notice of Reached
Agreement (Doc. 416). Accordingly, Sabre does not oppose this Motion.

mediation, American and Travelport have continued negotiations, exchanged proposals, and are
actively engaged in discussions to potentially resolve this litigation. While these discussions
have been productive, the upcoming resumption of full party litigation activities, and particularly
the impending depositions of various party witnesses, has distracted from settlement efforts.
Intense discovery activity, including 11 depositions already scheduled for January, will further
prevent the parties from focusing on settlement efforts. This limited extension of the stay is
intended to facilitate continued discussions, without delaying the ultimate trial or other resolution
of the case.
Accordingly, the Parties request a brief additional stay of party discovery through
January 15, 2013 to allow settlement efforts to continue without litigation activities unduly
detracting from the parties’ discussions. The Parties also request that the Court extend all other
deadlines for 25 additional days to provide the same time for discovery and motion practice that
is provided in the current schedule. Accordingly, deadlines would be adjusted as follows:
•

Defendants’ answers to American’s second amended complaint will be due no
later than February 5, 2013.

•

Travelport’s deadline for filing a motion for reconsideration of the Court’s August
16, 2012 Order Granting Motion to Dismiss (Doc. 386) or a motion for leave to
file additional counterclaims will be February 5, 2013.

•

The Parties’ responses to all pending written discovery will be due no later than
February 5, 2013.

•

All depositions must be completed no later than February 20, 2013.

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Defendants’ expert reports must be served no later than March 5, 2013.

•

Plaintiffs’ rebuttal reports must be served no later than March 19, 2013.

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All pretrial and dispositive motions, except for motions in limine, will be due no
later than April 16, 2013.

A proposed Order is attached.
The Parties respectfully request that the Court consider this Motion on an expedited basis,
stay the case until January 15, 2013, and extend all pretrial deadlines accordingly.

Dated: December 21, 2012

Respectfully submitted,

s/R. Raul Yetter
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/Michael L. Weiner
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 G. 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 H. 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

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)

Of Counsel:
PAUL HASTINGS LLP
M.J. Moltenbrey
875 15th Street, N.W.
Washington, DC 20005
202.551.1700
202.551.1705 (Fax)

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WEIL, GOTSHAL & MANGES LLP
Richard A. Rothman
James W. Quinn
767 Fifth Avenue
New York, New York 10153
212.310.8426
212.310.8285 (fax)
Attorneys for Plaintiff American Airlines, Inc.
s/Christopher S. Yates
Christopher S. Yates
California State Bar No. 161273
Email: [e-mail]
Daniel M. Wall
California State Bar No. 102580
Email: [e-mail]
Brendan A. McShane
California State Bar No. 227501
Email: [e-mail]
LATHAM & WATKINS LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111-6538
Telephone: [phone]
Facsimile: [phone]

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)
Attorneys for Defendants
Travelport Limited and Travelport, LP

John J. Little
Texas State Bar No. 12424230
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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CERTIFICATE OF SERVICE
I hereby certify that on the 21st day of December 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/Christopher S. Yates
Christopher S. Yates

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