American Airlines Inc v. Travelport Limited et al

Filing 495

ORDER GRANTING #489 MOTION TO PERMANENTLY SEAL CERTAIN DOCUMENTS: (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 MOTION TO
PERMANENTLY SEAL CERTAIN DOCUMENTS
Before the Court is the Unopposed Motion to Permanently
Seal of defendant Sabre Travel International, Ltd. (doc. 489).
After review, and noting that the motion is unopposed, the Court
GRANTS the motion.
Accordingly,

the

records

listed

in

Exhibit

“A”

to

this

order shall not be unsealed upon expiration of the sixty-day
period

described

in

Local

Rule

79.4.

Further,

the

records

identified in Exhibit “A” to this order are hereby permanently
sealed.
Notwithstanding that 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 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

shall

not

produce

any

record

request,

sealed

by

subpoena,
this

order

or

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 October 23, 2013.

2

EXHIBIT A TO ORDER GRANTING SABRE’S
MOTION TO PERMANENTLY SEAL
DATE FILED

DOCUMENT
NO.

DESCRIPTION

06/01/2011

52

American Airlines Inc.’s Motion for Leave to
File Under Seal

06/09/2011

70

First Amended Complaint

07/13/2011

99

Appendix
Dismiss

08/03/2011

124

American
Airlines
Inc.’s
Response
in
Opposition to Sabre’s Motion to Dismiss
Pursuant to Rule 12(b)(6)

09/16/2011

138

American
Airlines
Inc.’s
Response
to
Travelport’s September 9, 2011 Letter (filed)

09/16/2011

139

Appendix in Support of American Airlines
Inc.’s Response to Travelport’s September 9,
2011 Letter

09/30/2011

143

American
Airlines
Inc.’s
Response
to
Travelport’s September 23 Filing and Sabre’s
September 26 Filing

10/20/2011

148

American Airlines Inc.’s Motion for Leave to
File Second Amended Complaint and Brief in
Support

12/05/2011

159

Second Amended Complaint

12/22/2011

171

Appendix
of
Exhibits
Memorandum in Support of
12(b)(6) Motion to Dismiss
Sixth Claims for Relief in
Amended Complaint

12/28/2011

175

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

01/09/2012

183

Appendix in Support of Travelport’s Response
in Opposition to Plaintiff American Airlines,
Inc.’s Motion for Reconsideration

in

3

Support

of

Sabre

Motion

to

to
Travelport’s
Travelport’s Rule
the Third Through
Plaintiff’s Second

EXHIBIT A TO ORDER GRANTING SABRE’S
MOTION TO PERMANENTLY SEAL
01/10/2012

185

Appendix of Exhibits to Travelport’s Response
in Opposition to Plaintiff American Airlines,
Inc.’s Motion to Extend Scheduling Order
Deadlines

01/12/2012

190

Appendix in Support of Sabre’s Response to
American Airlines, Inc.’s Motion to Extend
Scheduling Order Deadlines

01/23/2012

203

Appendix in Support of American Airlines
Inc.’s Reply to Travelport’s Response in
Opposition
to
American
Airlines,
Inc.’s
Motion for Reconsideration of the Court’s
November 21, 2011 Order

02/07/2012

223

Travelport’s Response to Plaintiff’s Motion
to File Supplemental Brief in Support of its
Motion to Extend Scheduling Order Deadlines

02/09/2012

225

Appendix in Support of Orbitz’ Motion for
Order
Permitting
it
to
Share
Certain
Documents

02/14/2012

231

Appendix
to
Motion
Defendants
to
Compel
Sanctions

04/02/2012

281

Appendix in Support of American Airlines
Inc.’s
Motion
to
Compel
Travelport’s
Production
of
Documents
in
Response
to
American Airlines Inc.’s Third, Fourth, and
Fifth Requests for Production of Documents,
and Memorandum in Support Thereof

05/16/2012

327

Appendix to Motion by Defendants Travelport
and Orbitz (A) for Leave to Take Up to
Twenty-Five Fact Depositions and (B) for
Expedited Treatment

07/25/2012

378

Appendix in Support of American Airlines’
Motion
to
Compel
Deposition
of
Sabre
Witnesses and Motion for Expedited Treatment

08/15/2012

384

Appendix of Exhibits in Support of Sabre
Defendants’ Response to American Airlines,
Inc.’s Motion to Compel the Second Deposition
of Sabre Witnesses & Motion for Protection
4

by
the
Travelport
Discovery
and
for

EXHIBIT A TO ORDER GRANTING SABRE’S
MOTION TO PERMANENTLY SEAL
10/15/2012

414

American Airlines, Inc.’s Combined Emergency
Motion to Lift the Stay for the Limited
Purpose of Determining Whether American Can
Use
O’Hara
Deposition
Testimony
in
the
Tarrant County Case and Motion for Expedited
Treatment and Memorandum in Support Thereof

02/25/2013

456

Appendix in Support of Plaintiff American
Airlines, Inc.’s Motion to Authorize Deposit
Into Court Registry and for Expedited Trial

5