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)

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