American Airlines Inc v. Travelport Limited et al

Filing 43

MOTION to Intervene as Defendants filed by Sabre Inc, Sabre Travel International Ltd (Attachments: #1 Proposed Order). Party Sabre Inc. and Sabre Travel International Ltd. added. (Fredricks, Scott) Modified on 6/1/2011 (uls). Corrected anomoly: Docketed on 6/1/11 but system noted entered on 6/1/11 at 0:00 a.m. but filed on 5/31/11.

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

American Airlines, Inc., a Delaware corporation,
Plaintiff,
vs.
Travelport Limited, a foreign corporation and
Travelport, LP, a Delaware limited partnership,
d/b/a Travelport;
and
Orbitz Worldwide, LLC, a Delaware limited
Liability company, d/b/a Orbitz,
Defendants.

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Civil Action No.: 4:11CV00244

SABRE INC. AND SABRE TRAVEL INTERNATIONAL LTD.’S
MOTION FOR LEAVE TO INTERVENE
Sabre Inc. and Sabre Travel International Ltd. (collectively “Sabre”) move this Court
for leave to intervene as of right as defendants in this action pursuant to Fed. R. Civ. P.
24(a)(2). In the alternative, Sabre seeks permissive intervention as a defendant pursuant to
Fed. R. Civ. P. 24(b)(1)(B). The grounds for this motion to intervene are as follows:
1. American Airlines, Inc. (“American”) alleges antitrust violations against
Travelport and Orbitz in this action. Sabre seeks to join these existing defendants.
2. Intervention as of the right is warranted because: (1) this application is timely;
(2) Sabre has a sufficient interest in the subject of the suit because American has expressly
threatened to bring similar antitrust claims against Sabre and in fact has made allegations

against Sabre in the instant suit; (3) without intervention, the disposition here will, as a
practical matter, impair or impede the ability of Sabre to protect its interest; and (4) such
interest may not be adequately be represented by the parties to the action.
3. In the alternative, this Court should permit Sabre to intervene because it seeks to
address the common legal question whether Sabre engaged in a conspiracy with the existing
defendants to commit antitrust violations against American. Sabre also seeks to bring an
antitrust counterclaim against American that shares common legal and fact questions with
American’s suit. Intervention will not unduly delay or prejudice the adjudication of the
rights of the original parties.
4. This motion is based upon the accompanying Memorandum in Support of Sabre
Inc. and Sabre Travel International Ltd.’s Motion for Leave to Intervene as Defendants.

Dated: June 1, 2011

Respectfully submitted,

/s/ Scott A. Fredricks
Ralph H. Duggins
Texas Bar No. 06183700
([e-mail])
Scott A. Fredricks
Texas Bar No. 24012657
([e-mail])
Philip A. Vickers
Texas Bar No. 24051699
([e-mail])
CANTEY HANGER LLP
600 West 6th Street, Suite 300
Fort Worth, TX 76102
Telephone: [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
([e-mail])
Sundeep (Rob) K. Addy
Colorado Bar No. 38754
([e-mail])
BARTLIT BECK HERMAN PALENCHAR
& SCOTT LLP
1899 Wynkoop Street, 8th Floor
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
Chris Lind
Illinois Bar No. 6225464, Colorado Bar No. 27719
([e-mail])
Andrew Polovin
Illinois Bar No. 6275707
([e-mail])
Katherine M. Swift
Ilinois Bar No. 6290878
([e-mail])
BARTLIT BECK HERMAN PALENCHAR
& SCOTT LLP
54 West Hubbard Street, Suite 300
Chicago, IL 60610
Telephone: [phone]
Facsimile: [phone]
George S. Cary
([e-mail])
Steven J. Kaiser
([e-mail])
CLEARY GOTTLIEB STEEN &
HAMILTON LLP
2000 Pennsylvania Ave., N.W.
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
Counsel for Intervenors Sabre Inc. and
Sabre Travel International Ltd.

CERTIFICATE OF SERVICE
This is to certify that on this 1st day of June 2011, a true and correct copy of the foregoing
document was filed electronically via the CM/ECF system, which gave notice to all counsel of
record.
/s/ Scott A. Fredricks
Scott A. Fredricks

CERTIFICATE OF CONFERENCE
I certify to this Court that shortly before 5 pm on May 31, 2011 I phoned Bill Bogle and
Roland Johnson, counsel for American Airlines. Each was not in the office. I left a voicemail
on Mr. Bogle’s cell asking that he call me back. I also called Paul Yetter, American’s lead
counsel. Mr. Yetter advised he would check with his client and let me know. I also phoned
Michael Cowie, lead counsel for Travelport. He advised he would need to check with his client
but that he would get back to me. I then phoned Chris Yates, lead counsel for Orbitz. Mr. Yates
said he would speak with his client and get right back to me. As of the filing of this motion I
have not yet heard back from these gentlemen but will supplement this certificate with the
positions of the parties as soon as I receive them.
/s/ Ralph H. Duggins
Ralph H. Duggins