Sabre Global Technologies Limited v. Hawaiian Airlines, Inc.

Background

The parties submitted a stipulation of voluntary dismissal with prejudice under Federal Rule of Civil Procedure 41. Sabre also filed an unopposed motion to keep the entire Distribution Services Agreement under seal. The agreement had been filed as an exhibit to Hawaiian Airlines’ motion to dismiss.

Earlier, Judge Broderick had denied Sabre’s initial request to keep the agreement sealed and had ordered Sabre to file it publicly. The court later stayed that deadline while Sabre considered seeking reconsideration and while the parties pursued settlement. The court extended the stay several times.

Sealing analysis

The court explained that judicial documents generally carry a presumption of public access under the common law and the First Amendment. The court noted that the Second Circuit had held that pleadings remain judicial documents after a case settles, but had not decided whether that rule extends to other materials, such as declarations and exhibits. Courts in the Second Circuit were divided on that issue.

The court did not resolve that unsettled question. It held that even if the agreement remained a judicial document after settlement, the presumption of access was low because the court would not issue a decision on Hawaiian Airlines’ motion to dismiss. The agreement therefore would not play a role in the court’s exercise of judicial power.

Rulings

The court ordered that Hawaiian Airlines’ motion to dismiss be deemed moot in light of the parties’ stipulation and directed the Clerk to terminate that motion. The court granted Sabre’s motion to maintain the entirety of the Distribution Services Agreement under seal, directed the Clerk to terminate that motion, and ordered the case closed.

The order did not decide the underlying claims or the merits of the motion to dismiss.