American Airlines Inc v. Travelport Limited et al

Filing 487

MOTION Motion to Seal Filings Permanently filed by American Airlines Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Guy, T)

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

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§ CIVIL ACTION NO. 4:11-CV-244-Y
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[PROPOSED] ORDER GRANTING AMERICAN AIRLINES INC.’S
MOTION TO SEAL FILINGS PERMANENTLY
Before the Court is American Airlines, Inc. (“American”) Motion to Seal Filings
Permanently (the “Motion to Seal.”) The Court has reviewed the Motion to Seal and the
Affidavit of Donald Broadfield Jr. filed in support thereof, and finds that, with respect to the
American information in the documents identified on Exhibit 1 to the Motion to Seal, attached
hereto as Exhibit A, American has demonstrated a need for confidentiality that outweighs the
presumption in favor of public access to court records. Further, the Court finds that disclosure of
the records identified in Exhibit A would be harmful to American’s business, including its
competitive position, as well as that of its business associates because they contain American’s
trade secret, confidential, and proprietary information.
Accordingly, the Court grants American’s Motion to Seal and orders that the documents
listed in Exhibit A shall be permanently sealed.
IT IS FURTHER ORDERED, that notwithstanding the records identified in Exhibit A are
permanently sealed, any party may possess, use, control, and disclose its own confidential
documents or information listed in Exhibit A. Possession and use of documents or information
produced in discovery in this litigation that was designated “Confidential” or “Outside

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Attorneys’ Eyes Only Information” under the Protective Orders of this Court remain subject to
the terms, conditions and limitations of those Orders.
It is further ORDERED that if any party in possession of records sealed by this Order is
served with a discovery request, subpoena or an order issued in other litigation or proceedings
that would compel disclosure of records sealed by this Order, the party served with the discovery
request, subpoena or order must:
a.
Notify in writing, as soon as reasonably practicable, the party whose
confidential material is contained within the record sought (“Supplying Party”).
Such notification shall include a copy of the discovery request, subpoena or order.
b.
Notify in writing, as soon as reasonably practicable, the party who caused
the subpoena or order to issue in the other proceeding that some or all of the
material covered by the discovery request, subpoena or order is subject to this
Order. Such notification shall include a copy of this Order.
If the Supplying Party timely seeks a protective order, the party served with the discovery
request, subpoena or order shall not produce any record sealed by this Order before a
determination by the court from which the discovery request, subpoena or court order issued,
unless the Supplying Party has given its permission to produce the sealed record. The Supplying
Party shall bear the burden and expense of seeking protection in that court of its sealed material –
and nothing in this Order should be construed as authorizing or encouraging a party to disobey a
lawful directive from another court.

SIGNED this ____ day of _____________, 2013.
______________________________
Hon. Terry Means, District Judge

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AGREED:
/s/ Scott A. Fredricks
Scott A. Fredricks
Attorney for Defendants Sabre, Inc., Sabre
Holdings Corporation, and Sabre Travel Int’l
Ltd. d/b/a Sabre Travel Network

/s/ Robert S. Berezin______________
Robert S. Berezin
Attorney for Plaintiff American Airlines, Inc.

/s/Christian D. Tucker____________
Christian D. Tucker
Attorney for Defendants Travelport
Limited and Travelport, LP

/s/ Brendan McShane _____________
Brendan McShane
Attorney for Defendant Orbitz
Worldwide, LLC

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EXHIBIT A
DATE

DOCKET NO.

6/1/2011

52

6/6/2011

57

6/8/2011

66

6/9/2011
7/13/2011

70

7/13/2011
8/3/2011

99
124

9/16/2011

139

10/20/2011

148

12/5/2011
12/22/2011

159

12/28/2011

175

1/9/2012

182

1/9/2012

183

1/10/2012

184

1/10/2012

185

1/12/2012

190

98

172

DESCRIPTION
American Airlines Inc.’s Motion for Leave to File Under Seal
attaching First Amended Complaint
American Airlines Inc.’s Motion for Leave to File Under Seal
attaching Opposition to Travelport’s FRCP 12(B)(3) and
28 U.S.C. § 1406(A) Motion to Dismiss or Transfer AA’s
Complaint
American Airline Inc.’s Unopposed Motion for Leave to File
Under Seal attaching Opposition to Travelport’s FRCP
12(B)(3) and 28 U.S.C. § 1406(A) Motion to Dismiss or
Transfer AA’s Complaint
First Amended Complaint
Memorandum in Support of Sabre’s Motion to Dismiss
Pursuant to Rule 12(b)(6)
Appendix in Support of Sabre’s Motion to Dismiss
American Airlines Inc.’s Response in Opposition to Sabre’s
Motion to Dismiss Pursuant to Rule 12(b)(6)
Appendix in Support of American Airlines Inc.’s Response to
Travelport’s September 9, 2011 Letter
American Airlines Inc.’s Motion for Leave to File Second
Amended Complaint and Brief in Support
Second Amended Complaint
Partial Answer, Affirmative Defenses, and Counterclaims by
Travelport
Appendix of Exhibits to Travelport’s Opposition to Plaintiff
American Airlines, Inc.’s Motion for Protective Order with
Respect to Travelport’s Request for Admissions and
Interrogatories
Travelport’ s Response in Opposition to Plaintiff American
Airline Inc.’s Motion for Reconsideration
Appendix in Support of Travelport’s Response in Opposition
to Plaintiff American Airlines, Inc.’s Motion for
Reconsideration
Travelport’s Response in Opposition to Plaintiff American
Airline Inc.’s Motion to Extend Scheduling Order Deadlines
Appendix of Exhibits to Travelport’s Response in Opposition
to Plaintiff American Airlines, Inc.’s Motion to Extend
Scheduling Order Deadlines
Appendix in Support of Sabre’s Response to American
Airlines, Inc.’s Motion to Extend Scheduling Order Deadlines

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DATE

DOCKET NO.

1/23/2012

203

1/24/2012

206

2/2/2012

218

2/6/2012

222

2/7/2012

223

2/9/2012

224

2/9/2012

225

2/14/2012

231

2/21/2012

236

3/13/2012

258

4/5/2012

283

4/5/2012

284

4/5/2012

288

4/26/2012

308

5/10/2012

319

5/16/2012

326

DESCRIPTION
Appendix in Support of American Airlines, Inc.’s Reply to
Travelport’s Response in Opposition to Americans Motion for
Reconsideration of the Court’s November 21, 2011 Order
Appendix in Support of American Airlines Inc.’s Reply Brief
in Support of its Motion to Extend Deadlines
Reply in Further Support of Travelport’s Rule 12(b)(6)
Motion to Dismiss the Third Through Sixth Claims for Relief
in Plaintiff’s Second Amended Complaint
Travelport’s Opposed Motion for Leave to File Surreply in
Opposition to American Airlines, Inc.’s Motion for
Reconsideration
Travelport’s Response to Plaintiff’s Motion to File
Supplemental Brief in Support of its Motion to Extend
Scheduling Order Deadlines
Motion for an Order to Permitting Defendant Orbitz
Worldwide, LLC to Share Certain Documents with In-House
Counsel Pursuant to the Protective Order
Appendix in Support of Orbitz’s Motion for Order Permitting
it to Share Certain Documents
Appendix to Motion by the Travelport Defendants to Compel
Discovery and for Sanctions
Plaintiff American Airlines, Inc.’s Memorandum in Support
of its Rule 12(B)(6) Motion to Dismiss Travelport’s
Counterclaims
Travelport’s Brief in Opposition to Plaintiff American
Airlines, Inc.’s Rule 12(b)(6) Motion to Dismiss Travelport’s
Counterclaims
Sabre’s Supplement to its Motion to Dismiss American
Airlines’s Second Amended Complaint
Appendix of Exhibits to Sabre’s Supplement to its Motion to
Dismiss American Airline’s Second Amended Complaint
Brief in Support of Travelport’s Supplemental Rule 12(b)(6)
Motion to Dismiss Plaintiff American Airlines, Inc.’s
Supplement to Second Amended Complaint
Appendix in Support of Plaintiff American Americans, Inc.’s
Supplemental Brief in Opposition to Travelport’s Motion to
Dismiss the Second Amended Complaint
Reply in Support of Travelport’s Supplemental Rule 12(b)(6)
Motion to Dismiss Plaintiff American Airlines, Inc.’s
Supplement to Second Amended Complaint
Brief in Support of Motion by Defendants Travelport and
Orbitz (A) for Leave to Take Up to Twenty-Five Fact
Depositions and (B) for Expedited Treatment

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DATE

DOCKET NO.

5/16/2012

327

7/25/2012

378

8/15/2012

384

8/21/2012

389

8/22/2012

391

2/5/2013

433

2/5/2013

434

2/25/2013

456

DESCRIPTION
Appendix to Motion by Defendants Travelport and Orbitz (A)
for Leave to Take Up to Twenty-Five Fact Depositions and
(B) for Expedited Treatment
Appendix in Support of American Airlines Inc.’s Motion to
Compel Deposition of Sabre Witness and Motion for
Expedited Treatment
Appendix of Exhibits in Support of Sabre Defendants’
Response to Americans Motion to Compel the Second
Deposition of Sabre Witness & Motion for Protection
Sabre Defendants’ Answer and Counterclaims to Second
Amended Complaint and Supplement to Second Amended
Complaint
Sabre Defendants’ Corrected Answer and Counterclaims to
Second Amended Complaint and Supplement to Second
Amended Complaint and Supplement to Second Amended
Complaint
Travelport Defendant’s Motion for Reconsideration and
Leave to File an Additional Counterclaim
Brief in Support of Travelport Defendants’ Motion for
Reconsideration and Leave to File and Additional
Counterclaim
Appendix in Support of Plaintiff American Americans, Inc.’s
Motion to Authorize Deposit into Court Registry and for
Expedited Trial

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