Filed: Apr. 18, 2016
Latest Update: Apr. 18, 2016
Summary: ORDER RE: MOTION FOR [PROPOSED] ORDER TEMPORARILY RESTRAINING DEFENDANTS FROM VIOLATING SECTION 1 OF SHERMAN ANTITRUST ACT AND SECTION 16720 OF THE CALIFORNIA CARTWRIGHT ANTITRUST ACT AND ORDERING DEFENDANTS TO SHOW CAUSE; DIRECTIONS TO PLAINTIFFS MAXINE M. CHESNEY , District Judge . TO DEFENDANTS: AIRLINE TARIFF PUBLISHING COMPANY, AMERICAN AIRLINES, INC., DELTA AIR LINES, INC. and UNITED AIRLINES, INC., This matter comes before me on Plaintiffs, Cynthia Prosterman, et al. 's
Summary: ORDER RE: MOTION FOR [PROPOSED] ORDER TEMPORARILY RESTRAINING DEFENDANTS FROM VIOLATING SECTION 1 OF SHERMAN ANTITRUST ACT AND SECTION 16720 OF THE CALIFORNIA CARTWRIGHT ANTITRUST ACT AND ORDERING DEFENDANTS TO SHOW CAUSE; DIRECTIONS TO PLAINTIFFS MAXINE M. CHESNEY , District Judge . TO DEFENDANTS: AIRLINE TARIFF PUBLISHING COMPANY, AMERICAN AIRLINES, INC., DELTA AIR LINES, INC. and UNITED AIRLINES, INC., This matter comes before me on Plaintiffs, Cynthia Prosterman, et al. 's ..
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ORDER RE: MOTION FOR [PROPOSED] ORDER TEMPORARILY RESTRAINING DEFENDANTS FROM VIOLATING SECTION 1 OF SHERMAN ANTITRUST ACT AND SECTION 16720 OF THE CALIFORNIA CARTWRIGHT ANTITRUST ACT AND ORDERING DEFENDANTS TO SHOW CAUSE; DIRECTIONS TO PLAINTIFFS
MAXINE M. CHESNEY, District Judge.
TO DEFENDANTS: AIRLINE TARIFF PUBLISHING COMPANY, AMERICAN AIRLINES, INC., DELTA AIR LINES, INC. and UNITED AIRLINES, INC.,
This matter comes before me on Plaintiffs, Cynthia Prosterman, et al.'s Ex Parte Application for a Temporary Restraining Order and for an Order to Show Cause Regarding a Preliminary Injunction, Memorandum of Points and Authorities, and supporting papers.
Having considered the arguments and papers submitted, in order to preserve the status quo ante, and finding good cause based on the record before me, I GRANT Plaintiffs' Ex Parte Application, pending a hearing on _____day, ________, ____, 2016. Based on the record before me, I find that Plaintiffs are likely to prevail on the merits of their claims, the balance of hardships tips in its favor, Plaintiffs would be likely to suffer irreparable injury, absent an ex parte temporary restraining order, in the form of: injury to, or loss of, their businesses and reputations; the inability to continue in the business of booking air transportation on the Defendant airlines; and the likelihood of incurring ruinous penalties from the airline defendants. The requested relief is in the public interest.
YOU ARE HEREBY ORDERED TO SHOW CAUSE on Friday, May, 13, 2016, at 9>00 a.m./p.m, before the Honorable Maxine M. Chesney, at 450 Golden Gate Avenue, San Francisco, CA 94102, Courtroom 7, why you, your officers, agents, servants, employees, and attorneys, and any other persons who are in active concert or participation with you, should not be enjoined and restrained from engaging in, committing, or performing, directly and indirectly, any and all of the following acts:
(1) enforcing any practice or policy that requires Plaintiffs to book flights to multi-city destinations at fares which are greater than the sum of the combined non-refundable one-way fares for each leg of a passenger's flight;
(2) agreeing with any other airline to fix, establish, raise, stabilize, or maintain any fare or fare restriction;
(3) disseminating to the other Airline Defendants certain information concerning any planned or contemplated fare or fare restriction or any planned or contemplated change to fares or fare restrictions; and
(4) penalizing Plaintiffs for booking multi-city destination flights in the manner proscribed by (1) above, including, without limitation, by issuing debit memos or limiting or terminating Plaintiffs' authorization to book flights on the Airline Defendants.
Pending a hearing on the above Order to Show Cause you, your officers, agents, servants, employees, and attorneys, and any other persons who are in active concert or participation with you, ARE HEREBY RESTRAINED AND ENJOINED from:
(1) enforcing any practice or policy that requires Plaintiffs to book flights to multi-city destinations at fares which are greater than the sum of the combined non-refundable one-way fares for each leg of a passenger's flight;
(2) agreeing with any other airline to fix, establish, raise, stabilize, or maintain any fare or fare restriction;
(3) disseminating to the other Airline Defendants certain information concerning any planned or contemplated fare or fare restriction or any planned or contemplated change to fares or fare restrictions; and
(4) penalizing Plaintiffs for booking multi-city destination flights in the manner proscribed by (1) above, including, without limitation, by issuing debit memos or limiting or terminating Plaintiffs' authorization to book flights on the Airline Defendants.
Plaintiffs shall not be required to post a bond for issuance of this Order.
This Order and supporting papers must be served by Plaintiffs on Defendants as soon as possible, but no later than April, 19, 2016. Any response or opposition to this Order to Show Cause must be filed and served on Plaintiffs' counsel no later than April, 29, 2016 at _____ a.m./p.m., and any reply must be filed no later than May 4, 2016.
IT IS SO ORDERED.
