Sabre Global Technologies Limited v. Hawaiian Airlines, Inc.
- Vernon Broderick
- 1:22-cv-07395
- U.S. District Court · Southern District of New York
- 4
In Sabre Global Technologies Limited v. Hawaiian Airlines, Judge Broderick received Sabre’s request to redact its opposition brief, but the text shows no ruling.
Sabre and Hawaiian are the parties directly affected. The requested redactions would also limit public access to portions of the opposition brief and information about the Agreement.
What happened
Sabre Global Technologies Limited v. Hawaiian Airlines, Inc. is a contract case involving a Distribution Services Agreement between Sabre and Hawaiian. Sabre’s filing asks to keep certain information from public view.
Sabre asked to redact portions of its opposition to Hawaiian’s motion to dismiss and to keep confidential the Agreement’s terms and the parties’ negotiating history. Sabre said disclosure could harm its competitive position because the Agreement contains heavily negotiated flight, fare, and pricing-related terms.
The text does not state that the court granted or denied this request. Judge Vernon S. Broderick’s filing instructions directed the parties to submit an unredacted copy with proposed redactions highlighted, and the letter says the court had not yet ruled on an earlier related sealing request.
The detailed version
- Sabre Global Technologies Limited v. Hawaiian Airlines, Inc. · No. 1:22-cv-07395
- Vernon Broderick
- Jan. 9, 2023
Nature of the Filing
The provided text is a letter from Sabre’s attorneys requesting permission to file under seal or with redactions Sabre’s memorandum opposing Hawaiian’s motion to dismiss. It is not a judicial opinion explaining a decision on the request, and the text does not state that the court granted or denied the motion.
Background
Sabre describes the underlying case as a breach-of-contract action against Hawaiian. Sabre says the dispute involves a Distribution Services Agreement between the parties. Sabre previously sought to file portions of its complaint under seal because they contained or described the Agreement’s terms and the parties’ negotiating history. The letter states that Judge Halpern granted that earlier request and directed Sabre to file a redacted complaint.
Hawaiian later moved to dismiss Sabre’s complaint. Hawaiian filed a request to redact material in its supporting memorandum that would reveal the Agreement’s terms and to file the Agreement itself under seal. The letter states that Sabre then asked to keep those materials under seal, but that the court had not yet ruled on Sabre’s request.
Current Request
Sabre asks to redact portions of its opposition to Hawaiian’s motion to dismiss. The proposed redactions concern information that contains, reveals, or describes the Agreement’s terms and the negotiating history between Sabre and Hawaiian.
Sabre argues that the Agreement is still operative and that its airline contracts contain heavily negotiated and competitively sensitive terms. It specifically identifies terms concerning the flights and fares Hawaiian must provide to Sabre, along with pricing. Sabre says disclosure could give counterparties and competitors information that would disadvantage Sabre in future negotiations and in competition with other airline-distribution companies.
Sabre relies on the general principle that judicial documents are presumed open to the public but may be sealed when narrowly tailored restrictions are essential to protect important interests, including confidential business information. Sabre also points to earlier sealing decisions involving its contracts with airlines.
Court Action Shown in the Text
The text includes filing instructions stating that the parties were ordered to submit an unredacted copy with proposed redactions highlighted. It does not include an order granting or denying Sabre’s current request to redact its opposition. The disposition of the request is therefore unclear from the provided text.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.