Opinion

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

Court
District Court, S.D. New York
Filed
Sep 14, 2021
Cited by
0 cases
Authority
More cited than 27.3%

The opinion

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

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MOSCOW

MUNICH

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September 13, 2021 SÃO PAULO

SEOUL

SHANGHAI

SINGAPORE

TOKYO

TORONTO

VIA ECF

Hon. Lorna G. Schofield

United States District Court Judge

Thurgood Marshall U.S. Courthouse

40 Foley Square

New York, NY 10007

RE: US Airways, Inc. v. Sabre Holdings Corp., et al., No.

1:11-cv-02725, Uncontested Requests Regarding Summary

Judgment Exhibit Limits, Sealing, & Daubert Motion Page Limits

Dear Judge Schofield:

We represent Defendants (collectively, “Sabre”) in the above-captioned

matter, and submit this letter with Plaintiff’s (“US Air”) consent. As the Court may

recall, motions for summary judgment are due to be filed by September 17, 2021,

and Daubert motions are due to be filed by February 18, 2022. As further explained

below, Sabre intends to file a Daubert motion to exclude testimony of US Air’s

expert on damages concurrently with its forthcoming summary judgment motion

because resolution of the Daubert motion could be dispositive with respect to US

Air’s proof of damages.

Concerning Sabre’s forthcoming summary judgment and Daubert motions,

and as set forth in more detail below, the parties respectfully request that the Court

permit them to: (i) exceed the limit of 15 exhibits in support of, and in opposition to,

the summary judgment motion; (ii) provisionally file the briefing on the summary

judgment and Daubert motions, along with all supporting documents, under seal

September 13, 2021

Page 2

until 30 days after the completion of all briefing on those motions; and (iii) submit

briefing related to the Daubert motion on the same schedule as the summary

judgment briefing, and to exceed this Court’s page limits for memoranda of law

related to motions in limine.

Enlargement Regarding Summary Judgment Exhibits

Sabre notes that it does not seek an enlargement of the 25-page limit for its

memorandum of law in support of its forthcoming summary judgment motion.

However, the parties request that each party be permitted to submit up to 30 exhibits

in connection with the summary judgment briefing. The parties request this

enlargement out of an abundance of caution, and will make every effort to exceed the

ordinary exhibit limit by as few exhibits as possible. Notably, the Court granted a

similar uncontested request to enlarge the limit on summary judgment exhibits in

connection with earlier summary judgment motion practice in this case. (ECF Nos.

192-193.)

Provisional Filing Under Seal

The parties request that they be permitted to provisionally file the briefing on

forthcoming summary judgment and Daubert motions, along with supporting

documents (including 56.1 statements and exhibits), under seal until 30 days after the

completion of all briefing on those motions. The parties make this request in an

abundance of caution because the papers related to these motions will include third-

party confidential material and material that the other party has marked as

confidential—all of which would, per the operative protective order, require that

these materials be filed under seal. (See ECF No. 123.)

Allowing these papers to be filed provisionally under seal will provide the

parties time to meet and confer (with each other and third parties) regarding the

material designated as confidential, and to propose minimally-redacted public filings.

The parties note that the information contained in the documents they seek to file

provisionally under seal is the same—or similar to—information that the Court

previously permitted to be redacted. (See, e.g., ECF Nos. 245 (redacted summary

judgment opinion); 250 (order granting redactions); 267 (redacted 56.1 statement).)

Enlargement Regarding Motion to Exclude Testimony of Dr. Abrantes-Metz

Finally, Sabre intends to file a motion to exclude certain testimony of US

Air’s damages expert, Dr. Rosa Abrantes-Metz, concurrently with its motion for

summary judgment. The parties request that they be permitted to file memoranda in

support of and in opposition to the Daubert motion of no more than 15 pages each;

Hon. Lorna G. Schofield

September 13, 2021

Page 3

and that Sabre be permitted to file a reply brief of no more than 7 pages. The parties

request that briefing for this Daubert motion follow the same schedule as briefing

related to Sabre’s motion for summary judgment.

The parties request these enlargements because the issues to be decided are

both technical in nature (Dr. Abrantes-Metz submitted two reports totaling over 150

pages without appendices) and implicate the Supreme Court’s decision regarding

two-sided transaction platforms in Ohio v. American Express, 138 S. Ct. 2274

(2018). While Sabre expects to file additional motions in limine (including,

potentially, additional Daubert motions) no later than February 18, 2022 (see ECF

No. 992), Sabre plans to file its motion to exclude certain testimony of Dr. Abrantes-

Metz concurrently with its summary judgment motion because it believes that the

motion, if granted, could be dispositive of this case. Earlier resolution of this

Daubert motion would thus promote judicial economy and the efficient

administration of this case.

We thank the Court for its consideration of these requests.

Respectfully submitted,

/s/ Boris Bershteyn

Boris Bershteyn

cc: Counsel for US Airways, Inc., via ECF

Application GRANTED. The parties shall submit no more than thirty exhibits each in support of, and in

opposition to, the summary judgment motion, and each party shall submit no more than 225 pages of

exhibits. The parties shall provisionally file the briefing on the summary judgment and Daubert motions,

along with all supporting materials, under seal until thirty days after the briefing on all those motions, at

which time the parties shall file their motions to seal and proposed redactions, if any. The parties shall

file the Daubert motion on the same schedule as the summary judgment motion. The memoranda in

support of and in opposition to the Daubert motion shall not exceed fifteen pages, and the reply

memorandum shall not exceed seven pages.

Dated: September 14, 2021

New York, New York .

LORNA G. SCHOFIEL

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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