US Airways, Inc., for American Airlines, Inc. as Successor and Real Party in Interest v. Sabre Holdings Corporation

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

US AIRWAYS, INC., :

Plaintiff, :

: 11 Civ. 2725 (LGS)

-against- :

: ORDER

SABRE HOLDINGS CORP., et al., :

Defendants. :

LORNA G. SCHOFIELD, District Judge:

WHEREAS, by letter emailed to the Chambers inbox, dated January 28, 2021, Plaintiff requested

leave to amend its Fourth Amended Complaint and permission to file under seal portions of the Fifth

Amended Complaint (‘FAC’). The letter is attached hereto. It is hereby

ORDERED that Plaintiff’ request for leave to amend its Complaint and to seal portions of the

FAC is GRANTED. Plaintiff shall file by February 2, 2021: (1) a redacted version of the FAC, consistent

with the proposed highlighted redactions, on the docket and (2) an unredacted version of the FAC under

seal. Although “[t]he common law right of public access to judicial documents is firmly rooted in our

nation’s history,” this right is not absolute, and courts “must balance competing considerations against” the

presumption of access. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006)

(internal quotation marks omitted); see also Nixon v. WarnerCommce’ns., Inc., 435 U.S. 589, 599 (1978)

(“[T]he decision as to access is one best left to the sound discretion of the trial court, a discretion to be

exercised in light of the relevant facts and circumstances of the particular case.””). The proposed redactions

are narrowly tailored to prevent unauthorized dissemination of sensitive business information. The parties

are advised that the Court retains discretion whether to afford confidential treatment to sealed material in

any Court order or proceeding and that per Individual Rule I.D.3. letter motions to seal documents shall be

publicly filed on the ECF.

Dated: January 29, 2021

New York, New York LORNA G. SCHOFIEL

UNITED STATES DISTRICT JUDGE

O'Melveny

O'Melveny & Myers LLP T: +1 212 326 2000

Times Square Tower F: +1 212 326 2061

7 Times Square omm.com

New York, NY 10036-6537

Andrew J. Frackman

D: +1 212 326 2017

afrackman@omm.com

January 28, 2021

VIA ECF

Hon. Lorna G. Schofield

United States District Court

Thurgood Marshall United States Courthouse

40 Foley Square

New York, NY 10007

Re: US Airways, Inc., for American Airlines, Inc. as Successor and Real Party in

Interest v. Sabre Holdings Corp., et al., No. 1:11-cv-02725-LGS

Request for Leave to Amend

Dear Judge Schofield:

Per the Court’s January 14, 2021 Order (Dkt. No. 986), to streamline the case, US

Airways attaches its proposed Fifth Amended Complaint that removes the prior request for

equitable relief. We have also eliminated the few factual allegations that were included to

provide a factual predicate for forward-looking relief. Attached is a redline showing the

proposed changes. Given that these changes are minor (they are limited to removing the

request for equitable relief and no new claims have been added), we respectfully ask that the

Court grant leave on the basis of this request. The parties met and conferred and Sabre does

not oppose US Airways’ request to amend because US Airways is not, and will not be, seeking

to reinstate US Airways’ request for injunctive relief in this action, Case 1:11-cv-02725-LGS.

Additionally, in accordance with Your Honor’s Individual Rule of Practice 1.C.3., US

Airways respectfully requests that the Court permit redactions of the yellow-highlighted portions

of US Airways’ proposed Fifth Amended Complaint. US Airways’ request is limited to redactions

that were previously approved by the Court. Dkt. No. 950 (granting US Airways’ request to seal

portions of its Fourth Amended Complaint).

Respectfully submitted,

Andrew J. Frackman

of O'MELVENY & MYERS LLP

for US Airways, Inc. for American Airlines, Inc. as

Successor and Real Party in Interest

CC: Counsel for Sabre (via e-mail)