American Airlines Inc v. Travelport Limited et al

Filing 491

MOTION Unopposed Motion to Permanently Seal Documents Containing Confidential Travelport Information filed by Travelport Limited, Travelport, LP (Attachments: #1 Proposed Order) (Pentz, Justin)

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

AMERICAN AIRLINES, INC.,
Plaintiff,
vs.
TRAVELPORT LIMITED, et al.,
Defendants.

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ORDER GRANTING TRAVELPORT’S UNOPPOSED
MOTION TO PERMANENTLY SEAL DOCUMENTS
CONTAINING CONFIDENTIAL TRAVELPORT INFORMATION
Pending before the Court is Travelport’s Unopposed Motion to Permanently Seal
Documents Containing Confidential Travelport Information. Based upon the motion, the
pleadings, and the fact that it is unopposed, this Court will grant the motion.
Accordingly, it is hereby ORDERED that the records listed in Exhibit 1 to this Order
shall not be unsealed upon expiration of the sixty (60) day period described in Local Rule 79.4.
It is further ORDERED that the records identified in Exhibit 1 to this Order be, and hereby are
permanently sealed.
It is further ORDERED, that notwithstanding that the records identified in Exhibit 1 are
permanently sealed, any party may possess, use, control, and disclose its own confidential
documents or information listed in Exhibit 1. Possession and use of documents or information
produced in discovery in this litigation that was designated “Confidential” or “Outside
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 additional 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 October ___, 2013.

TERRY R. MEANS
SENIOR UNITED STATES DISTRICT JUDGE

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AGREED:

/s/ Scott A. Fredericks
Scott A. Fredericks
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

EXHIBIT 1
Date Filed
6/1/2011

Document
No.
52

6/6/2011

57

6/8/2011

66

6/9/2011
10/20/2011

70
148

12/5/2011
12/22/2011

159
170

12/22/2011

171

12/22/2011

172

12/28/2011

175

1/9/2012

182

1/9/2012

183

1/10/2012

184

1/10/2012

185

1/19/2012

201

1/23/2012

203

2/2/2012

216

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 Airlines 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
American Airlines Inc.’s Motion for Leave to File Second Amended
Complaint and Brief in Support
Second Amended Complaint
Memorandum in Support of Travelport’s Rule 12(b)(6) Motion to
Dismiss the Third through Sixth Claims for Relief in Plaintiff’s
Second Amended Complaint
Appendix of Exhibits to Memorandum in Support of Travelport’s
Rule 12(b)(6) Motion to Dismiss the Third through Sixth Claims for
Relief in Plaintiff’s 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 Requests for Admission and Interrogatories
Travelport’s Response in Opposition to Plaintiff American Airlines
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 Airlines
Inc.’s Motion to Extend Scheduling Order Deadlines
Appendix in Support of Travelport’s Response in Opposition to
Plaintiff American Airline Inc.’s Motion to Extend Scheduling Order
Deadlines
American Airlines Inc.’s Opposition to Defendant Travelport’s
Motion to Dismiss the Third through Sixth Claims in American’s
Second Amended Complaint
Appendix in Support of American Airlines Inc.’s Reply to
Travelport’s Response in Opposition to American’s Motion for
Reconsideration of the Court’s November 21, 2011 Order
Defendant Orbitz Worldwide, LLC’s Reply in Support of its Motion
to Dismiss Plaintiff’s Second Amended Complaint

Date Filed
2/2/2012

Document
No.
217

2/2/2012

218

2/6/2012

222

2/7/2012

223

2/9/2012

224

2/9/2012

225

2/14/2012

231

3/9/2012

256

3/9/2012

257

3/13/2012

258

3/19/2012
3/30/2012

265
278

3/30/2012

279

4/2/2012

280

4/2/2012

281

4/5/2012

288

4/6/2012

290

Description
Appendix in Support of Defendant Orbitz Worldwide, LLC’s Reply
in Support of its Motion to Dismiss Plaintiff’s Second Amended
Complaint
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 in Support of Motion by the Travelport Defendants to
Compel Discovery and for Sanctions
American Airlines Inc.’s Motion to Compel Travelport Defendants
and Memorandum in Support Thereof
Appendix in Support of American Airlines Inc.’s Motion to Compel
Travelport Defendants and Memorandum in Support Thereof
Travelport’s Brief in Opposition to Plaintiff American Airlines, Inc.’s
Rule 12(b)(6) Motion to Dismiss Travelport’s Counterclaims
Supplement to Second Amended Complaint
Response in Opposition to American Airlines Inc.’s Motion to
Compel Travelport Defendants
Appendix in Support of Response in Opposition to American
Airlines Inc.’s Motion to Compel Travelport Defendants
American Airlines Inc.’s Motion to Compel Travelport Production of
Documents in Response to American Airlines Inc.’s Third, Fourth,
and Fifth Requests for Production of Documents and Memorandum
in Support Thereof
Appendix in Support of American Airlines Inc.’s Motion to Compel
Travelport Production of Documents in Response to American
Airlines Inc.’s Third, Fourth, and Fifth Requests for Production of
Documents and Memorandum in Support Thereof
Brief in Support of Travelport’s Supplemental Rule 12(b)(6) Motion
to Dismiss Plaintiff American Airlines, Inc.’s Supplement to Second
Amended Complaint
American Airlines Inc.’s Motion to Compel Production of
Documents Wrongfully Withheld Under the Guise of Privilege by the
Travelport Defendants and Memorandum in Support Thereof

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Date Filed
4/6/2012

Document
No.
291

4/13/2012

297

4/13/2012

298

4/26/2012

307

4/26/2012

308

5/7/2012

316

5/7/2012

317

5/10/2012

319

5/14/2012

320

5/14/2012

321

5/16/2012

327

Description
Appendix in Support of American Airlines Inc.’s Motion to Compel
Production of Documents Wrongfully Withheld Under the Guise of
Privilege by the Travelport Defendants and Memorandum in Support
Thereof
American Airlines Inc.’s Reply in Support of its Motion to Compel
Travelport Defendants
Appendix in Support of American Airlines Inc.’s Reply in Support of
its Motion to Compel Travelport Defendants
Plaintiff American Airlines Inc.’s Supplemental Brief in Opposition
to Travelport’s Motion to Dismiss the Second Amended Complaint
Appendix in Support of Plaintiff American Airlines Inc.’s
Supplemental Brief in Opposition to Travelport’s Motion to Dismiss
the Second Amended Complaint
American Airlines Inc.’s Combined (I) Amended Motion to Compel
Production of Documents Wrongfully Withheld Under the Guise of
Privilege by the Travelport Defendants, and (II) Motion for Leave to
File Supplemental Amended Motion and Memorandum in Support
Thereof
Appendix in Support of American Airlines Inc.’s Combined (I)
Amended Motion to Compel Production of Documents Wrongfully
Withheld Under the Guise of Privilege by the Travelport Defendants,
and (II) Motion for Leave to File Supplemental Amended Motion and
Memorandum in Support Thereof
Reply in Support of Travelport’s Supplemental Rule 12(b)(6) Motion
to Dismiss Plaintiff American Airlines Inc.’s Supplement to Second
Amended Complaint
Response in Opposition to American Airlines Inc.’s Combined
(I) Amended Motion to Compel Production of Documents
Wrongfully Withheld Under the Guise of Privilege by the Travelport
Defendants, and (II) Motion for Leave to File Supplemental
Amended Motion and Memorandum in Support Thereof
Appendix in Support of Response in Opposition to American
Airlines Inc.’s Combined (I) Amended Motion to Compel Production
of Documents Wrongfully Withheld Under the Guise of Privilege by
the Travelport Defendants, and (II) Motion for Leave to File
Supplemental Amended Motion and Memorandum in Support
Thereof
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 Filed
5/18/2012

Document
No.
328

6/4/2012

344

6/13/2012

346

6/13/2012

347

8/21/2012
1/29/2013

388
425

1/29/2013

426

2/25/2013

455

2/25/2013

456

Description
American Airlines Inc.’s Reply in Support of its Combined
(I) Amended Motion to Compel Production of Documents
Wrongfully Withheld Under the Guise of Privilege by the Travelport
Defendants, and (II) Motion for Leave to File Supplemental
Amended Motion and Memorandum in Support Thereof
Appendix in Support of Plaintiff American Airlines Inc.’s Reply
Brief in Support of its Cross Motion for Expansion of Deposition
Limit, Enlargement of Time, and for Expedited Treatment
American Airlines Inc.’s Supplement Brief in Support of its Cross
Motion for Expansion of Deposition Limit, Enlargement of Time,
and for Expedited Treatment
Appendix in Support of American Airlines Inc.’s Supplement Brief
in Support of its Cross Motion for Expansion of Deposition Limit,
Enlargement of Time, and for Expedited Treatment
Travelport’s Consolidated Answer and Affirmative Defenses
American Airlines Inc.’s Motion to Compel production of
Documents Improperly Clawed Back by Orbitz under Claim of
Privilege and Memorandum in Support Thereof
Appendix in Support of American Airlines Inc.’s Motion to Compel
production of Documents Improperly Clawed Back by Orbitz under
Claim of Privilege and Memorandum in Support Thereof
Brief in Support of Plaintiff American Airlines’ Motion to Authorize
Deposit into Court Registry and for Expedited Trial
Appendix in Support of Brief in Support of Plaintiff American
Airlines’ Motion to Authorize Deposit into Court Registry and for
Expedited Trial

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