American Airlines Inc v. Travelport Limited et al

Filing 488

Appendix in Support filed by American Airlines Inc re #487 MOTION Motion to Seal Filings Permanently (Attachments: #1 App. 1-7) (Guy, T)

EXHIBIT 1

EXHIBIT 1
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

1/23/2012

203

98

172

EXHIBIT 1

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
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
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DATE

DOCKET NO.

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

5/16/2012

327

EXHIBIT 1

DESCRIPTION
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
Appendix to 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.

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

EXHIBIT 1

DESCRIPTION
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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EXHIBIT 2

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
AMERICAN AIRLINES, INC.
Plaintiff,

v.
TRAVELPORT LIMITED, eta!.
Defendants.

§

§
§
§
§
§
§
§

CIVIL ACTION NO. 4:11-CV-244-Y

AFFIDAVIT OF DONALD BROADFIELD JR.
STATEOFTEXAS
COUNTY OF TARRANT

§
§ ss:
§

On this day personally appeared Donald Broadfield Jr., who first being duly
sworn, stated upon oath as follows:

I.

My name is Donald Broadfield Jr. I am over the age of 18 years, of sound

mind, have never been convicted of a felony, and am fully competent to make this affidavit. I
have personal knowledge ofthe facts stated herein, and they are true and correct. I am an adult
resident of Texas.
2.

I am an attorney in good standing and licensed to practice law in the

District of Columbia. I have been employed as an attorney at American Airlines, Inc.
("American") for over eight (8) years. Currently, my title is Senior Attorney -IP/Data/Internet.
In my position, I am generally knowledgeable about the documents and confidential information
in the filings that American proposes to have sealed, and the competitive business planning
information, confidential pricing, confidential financial information, confidential negotiating

AFFIDAVIT OF DONALD BROADFIELD JR.

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information, and confidential commercial terms and contracts that are contained in these
documents. I am authorized on behalf of American to testify about the matters set forth herein.
3.

I submit this supplemental affidavit in support of American's Motion to

Seal Fillings Permanently and Brief in Support (the "Motion"), pursuant to which American
seeks to seal permanently the American information in documents listed on Exhibit 1. These
documents contain information that is extremely sensitive to American. As shown more fully
below, these documents contain, among other things, American's business strategies, contracts
with various parties, information relating to new and unreleased products, and customer
information. These documents are not available to the public, and the disclosure of such
documents would unfairly advantage American's competitors and handicap American's ability to
compete.
4.

The documents American has moved to seal include the following:

a.

Documents detailing American's trade secret, confidential, and
proprietary business strategies.
Documents in this category include the following docket numbers
on Exhibit 1: 172, 175, 182-185, 190, 206, 218, 223-225, 231, 236,
258, 326-327, 384, 389, 391,433-434, and 456. These documents
include detailed descriptions of American's business and
operational strategies. Allowing public access to these documents
would put American at a severe competitive disadvantage because
its rivals would gain an unfair insight into American's business and
its future plans. Such documents contain information on
American's trade secrets and other intellectual property from
which American derives independent economic value from not
being generally known and American has made reasonable efforts
to maintain the secrecy of such information.

b.

Documents containing information regarding new or planned
products and technology that American is developing but has
not yet disclosed.
Documents in this category include the following docket numbers
on Exhibit 1: 190 and 225. Documents in this category contain
information regarding American's products and technology that

AFFIDAVIT OF DONALD BROADFIELD JR.

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American is developing but has not yet made public. Such
information is extremely valuable to American and American has
taken great lengths to keep such information secret. Any
disclosure of this information could be used by American's
competitors to understand American's currently-undisclosed
technology and products and would threaten American's
competitive position.

c.

Documents disclosing the terms and conditions of commercial
relationships between American and other parties (Sabre,
Travelport, Orbitz and/or third-parties).
Documents in this category include the following docket numbers
on Exhibit 1:52,57,66, 70,98-99,124, 139,148,159,203,222,
283-284,288,308,319, and 378. These documents include
American's agreements with third parties as well as confidential
information contained in those contracts and negotiations. These
contracts contain confidential terms, including pricing terms,
negotiated between American and those third-parties. The terms of
all of these contracts are highly confidential and such information
is not generally known outside American. Disclosure of this
information could be used by American's competitors to
understand American's negotiating positions and confidential
business strategies, would jeopardize American's relationship with
those third-parties, and would threaten American's competitive
position.

AFFIDAVIT OF DONALD BROAD FIELD JR.

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5.

I declare under penalty of perjury under the laws of the State of Texas and

the United States of America that the foregoing is true and correct.

E<eootOO "" <ktob<'JL 20t3 • Fort w:z~

~

Donald Broadfield fr.

··

SUBSCRIBED AND SWORN BEFORE ME on October\\, 2013.

NOTARY SEAL:

e

DEBORAHDA~S

My Commission Expires
October 08, 2016

•.

AFFIDAVIT OF DONALD BROAD FIELD JR.

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