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S.D.N.Y.Procedural orderFiled Jan. 29, 2021

US Airways v. Sabre Holdings Corporation

Full caption

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

Judge
Lorna Schofield
Docket
1:11-cv-02725
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureEvidence
In one sentence

In US Airways v. Sabre, Judge Schofield granted leave to amend the complaint and permission to file limited redactions under seal.

Who this affects

US Airways was permitted to amend its complaint and file a redacted version publicly, while Sabre and the public were affected by the filing and sealing arrangements for information the court characterized as sensitive business information.

What happened

US Airways, Inc. v. Sabre Holdings Corp. concerns US Airways’ request to file a proposed Fifth Amended Complaint in an existing case. The request removed a request for court-ordered equitable relief and related factual allegations; no new claims were added.

US Airways also asked to redact portions of the proposed complaint because they contained sensitive business information. Sabre did not oppose the amendment request, and the proposed redactions had previously been approved for the earlier complaint.

Judge Lorna G. Schofield granted both requests. She ordered US Airways to file a redacted complaint publicly and an unredacted complaint under seal by February 2, 2021, while stating that the court could later decide whether sealed material would receive confidential treatment.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
US Airways v. Sabre Holdings Corporation · No. 1:11-cv-02725
Judge
Lorna Schofield
Date
Jan. 29, 2021

Background

US Airways requested leave to amend its Fourth Amended Complaint by filing a proposed Fifth Amended Complaint. In a January 28, 2021, letter, US Airways explained that the proposed amendment removed its request for equitable relief and the few factual allegations supporting forward-looking relief. The letter stated that no new claims were added. Sabre did not oppose the request because US Airways was not seeking to reinstate its request for injunctive relief in this action.

Request to Seal

US Airways also requested permission to redact highlighted portions of the proposed Fifth Amended Complaint and to file an unredacted version under seal. The request was limited to redactions previously approved for the Fourth Amended Complaint. The court explained that the common-law right of public access to judicial documents is not absolute and must be balanced against competing considerations. It found that the proposed redactions were narrowly tailored to prevent unauthorized dissemination of sensitive business information.

Ruling

Judge Lorna G. Schofield granted US Airways’ request for leave to amend its Complaint and permission to seal portions of the Fifth Amended Complaint. The court ordered US Airways to file, by February 2, 2021, a redacted version on the public docket and an unredacted version under seal. The court also advised that it retained discretion over whether to give sealed material confidential treatment in a later court order or proceeding, and stated that motions to seal documents must be publicly filed on the electronic docket under the judge’s individual rules.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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