American Airlines Inc v. Travelport Limited et al

Filing 493

ORDER GRANTING #491 UNOPPOSED MOTION TO PERMANENTLY SEAL DOCUMENTS CONTAINING CONFIDENTIAL INFORMATION: (See order for specifics). (Ordered by Judge Terry R Means on 10/23/2013) (mdf)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION AMERICAN AIRLINES, INC. § § § § § VS. TRAVELPORT LIMITED, et al. CIVIL ACTION NO. 4:11-CV-244-Y ORDER GRANTING UNOPPOSED MOTION TO PERMANENTLY SEAL DOCUMENTS CONTAINING CONFIDENTIAL INFORMATION Before the Court is the Unopposed Motion to Permanently Seal Documents Containing Confidential Information Travelport, Ltd., and Travelport, LP (doc. 491). of defendants After review, and noting that the motion is unopposed, the Court GRANTS the motion. Accordingly, the records listed in Exhibit 1 to this order shall not be unsealed upon expiration described in Local Rule 79.4. of the sixty-day period Further, the records identified in Exhibit 1 to this order are hereby permanently sealed. 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 were 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. 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 (the “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 23, 2013. 2 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 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 3 Date Filed 1/10/2012 Document No. 184 1/10/2012 185 1/19/2012 201 1/23/2012 203 2/2/2012 216 2/2/2012 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 Description 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 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’ Motion for Order Permitting it to Share Certain Documents Appendix in Support of Motion by the Travelport Defendants to Compel Discovery and for Sanctions 4 Date Filed 3/9/2012 Document No. 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 4/6/2012 291 Description 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 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 5 Date Filed 4/13/2012 Document No. 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 Description 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 6 Date Filed 5/14/2012 Document No. 321 5/16/2012 327 5/18/2012 328 6/4/2012 344 6/13/2012 346 6/13/2012 347 8/21/2012 388 1/29/2013 425 1/29/2013 426 Description 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 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 7 Date Filed 2/25/2013 Document No. 455 2/25/2013 456 Description 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 8

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