Sabre Global Technologies Limited v. Hawaiian Airlines, Inc.

Opinion

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP ONE MANHATTAN WEST NEW YORK, NY 1000! ee □□□ TEL: (212) 735-3000 HOUSTON FAX: (212) 735-2000 LOS ANGELES www.skadden.com WASHIN GION. D c. eas. □□□□□ EVAN. KREINER@SKADDEN.COM BRUSSELS APPLICATION GRANTED august SO ORDERED A Joy. 1 □□ VERNON 8S. BRODERICK US.D.F, 330/23 Plaintiff's September 5, 2023 deadline to publicly VIA ECF file the agreement Plaintiff alleges Defendant . breached, (Doc. 28-1), is hereby stayed sine die. Hon. Vernon S. Broderick Plaintiff is still to file unredacted versions of the United States District Court Judge laint and the briefing on Defendant's motion Thurgood Marshall United States Courthouse compan an 40 Foley Square to dismiss by September 5, 2023. ysq New York, NY 10007

RE: Sabre Global Technologies Limited v. Hawaiian Airlines, Inc., Case No. 1:22-cv-7395-VSB

Dear Judge Broderick: We represent Plaintiff Sabre Global Technologies Limited (‘Sabre’) in this breach of contract action against Defendant Hawaiian Airlines, Inc. (“Hawaiian”). Sabre plans to move for reconsideration of a portion of the Court’s order denying Sabre’s motions to seal and requiring that Sabre publicly file, by September 5, 2023, unredacted versions of the complaint, all briefing associated with Hawatiian’s motion to dismiss, and the agreement that Sabre alleges Hawaiian breached (and which Hawaiian attached in full as an exhibit to its motion to dismiss). (ECF No. 43.) To be clear, Sabre intends to seek reconsideration of the order solely as it relates to publicly filing the agreement without redacting certain highly confidential portions not at issue in the motion to dismiss. (ECF No. 28-1 (full agreement provisionally filed under seal).) Sabre will not seek reconsideration of the order insofar as it requires Sabre to publicly file unredacted versions of the complaint and the briefing on Hawaiian’s motion to dismiss.

August 29, 2023 Page 2

To provide time for the Court to rule on Sabre’s forthcoming motion for reconsideration, Sabre respectfully requests that the Court stay the sealing order only insofar as it requires Sabre to publicly file an unredacted version of the agreement by September 5, 2023. Most significantly, because the public will have access to unredacted versions of the complaint and motion to dismiss briefing, such a stay will not impede public scrutiny of the motion to dismiss. Moreover, as will be set forth in further detail in the motion for reconsideration, Sabre respectfully submits that the proper standard for assessing Sabre’s claims concerning portions of the agreement not at issue in the motion to dismiss is merely “a prediction of public access,” Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 121 (2d Cir. 2006); (see also ECF No. 32, at 5 (noting public’s “limited interest”)), not “the strongest presumption of public access” (ECF No. 43, at 5), and that Sabre satisfied this standard. Last, disclosure to other airlines and Sabre’s distribution competitors of highly confidential terms in Sabre’s agreement with Hawaiian will irreparably injure Sabre by putting it at an unfair disadvantage in future negotiations with airlines. We thank the Court for its consideration of this request. Respectfully submitted, /s/ Evan Kreiner Evan R. Kreiner SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP One Manhattan West New York, NY 10001 Phone: (212) 735-3000 evan.kreiner@skadden.com Steven C. Sunshine Tara L. Reinhart (pro hac vice) SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 1440 New York Avenue, N.W. Washington, DC 20005 Phone: (202) 371-7860 steve.sunshine@skadden.com tara.reinhart@skadden.com Counsel for Sabre Global Technologies Limited