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US v AMR CORP AMERICAN AIRLINES INC and AMR EAGLE HOLDING CORPORATION Click to find out why . . .



Keywords & Phrases
CaseNo: 28, CourtName: US DEPARTMENT OF JUSTICE, Plaintiff: US, State: DC Washington D.C., UniqueCaseRef: LCD>28, Deposition, Divestiture, United States, Judgement, Separate Stipulation, Deponent, Pump, Plant, Divestiture Assets, Parties, Sales, Cctv Room, Entry, Stipulation, Assets, Ktvx-tv, Hereto, Exhibit, Managers, Employees, District, Party, Tulsa Plant, Appoint, Compliance, Provisions, Seats, Production, News, Television, Pursuant, Chris-craft, Station, Reasons, Sufficient Seating, Idp, Approvals, Subsidiaries, Dma, Marketing, Competitor, Hovenkamp, Antitrust Law, Protective Order, Request, Observe , ContentID: 120245955

Case Documents
1   HOLD SEPARATE ORDER
[ see first page and extracted highlights below  ] ItemID: 113972
9 pages
PDF
2   HOLD SEPARATE ORDER
[ see first page and extracted highlights below  ] ItemID: 113513
8 pages
PDF
3 2000-09-28 APPENDIX OF DOCUMENTS CITED IN PLAINTIFFS MOTION FOR RECONSIDERATION COURT ORDER
[ see first page and extracted highlights below  ] ItemID: 112966
2 pages
PDF
4 2000-05 ORDER GOVERNING THIRD PARTY DISCOVERY
[ see first page and extracted highlights below  ] ItemID: 112999
9 pages
PDF
Total Documents: 4 documents , 28 pages
Price: $ 34.95


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1 . HOLD SEPARATE ORDER

EXTRACTED KEY WORDS
DIVESTITURE
JUDGEMENT
DIVESTITURE ASSETS
COURT
STIPULATION
UNITED STATES
KTVX-TV
SEPARATE STIPULATION
NEWS
TELEVISION
PARTIES
ENTRY
CHRIS-CRAFT
STATION
APPROVALS
SUBSIDIARIES
MANAGERS
DMA
MARKETING
COMPETITOR
OFFICERS
EMPLOYEES
SALES
APPOINT
ADVERTISING
COMPLIANCE
PROVISIONS
RULING
PURSUANT
                                         UNITED STATES DISTRICT COURT
                                         FOR THE DISTRICT OF COLUMBIA

____________________________________ :
UNITED STATES OF AMERICA,                            : :
                  Plaintiff,                         :            Civil Action No.    1:01CV00771
                                                     : :
                       v.                            :            JUDGE:        Colleen
                                                     : : Filed: 4/16/2001
THE NEWS CORPORATION LIMITED,  : :
FOX TELEVISION HOLDINGS, INC.,                       : :
                  and                                : :
CHRIS-CRAFT INDUSTRIES, INC.,                        :
                                                     :
                  Defendants.                        : :
                                                     :
____________________________________ :


                                HOLD SEPARATE STIPULATION AND ORDER

       It is hereby stipulated and agreed by and between the undersigned parties, subject to

approval and entry by the Court, that:

                                                            I.

                                                  DEFINITIONS

                  As used in this Hold Separate Stipulation and Order:

       A.         "News Corp" means defendant The News Corporation Limited, an Australian

corporation with its headquarters in Sydney, New South Wales, Australia, its successors and



assigns, and its subsidiaries, divisions, groups, affiliates, partnerships and joint ventures, and

directors, officers, managers, agents, and employees.

        B.      "FOX" means defendant FOX Television Holdings, Inc., a Delaware corporation

and a wholly owned subsidiary of News Corp with headquarters in Los Angeles, California, its

successors and assigns, and its subsidiaries, divisions, groups, affiliates, partnerships and joint

ventures, and their directors, officers, managers, agents, and employees.

SNIPPETS:
  • THE NEWS CORPORATION LIMITED,::
  • As used in this Hold Separate Stipulation and Order:
  • assigns, and its subsidiaries, divisions, groups, affiliates, partnerships and joint
  • ventures, and their directors, officers, managers, agents, and employees.
  • "Chris-Craft" means defendant Chris-Craft Industries, Inc., a Delaware corporation
  • "KTVX-TV" means the broadcast television station located in the Salt Lake City
  • DMA owned by defendant News Corp through its subsidiary FOX operating at Channel 13.
  • H. "Acquirer" means the entity to whom defendants divest the Divestiture Assets.
  • the Divestiture Assets for the purpose of maintaining a viable competitor in the sale of
  • advertising time in the Salt Lake City DMA and to remedy the anticompetitive effects that the
  • United States alleges would otherwise result from News Corp's proposed acquisition of
  • This Hold Separate Stipulation and Order ensures, prior to such divestiture, that the
  • The Court has jurisdiction over the subject matter of this action and over each of the parties
  • COMPLIANCE WITH AND ENTRY OF FINAL JUDGMENT
  • Defendants shall abide by and comply with the provisions of the proposed Final
  • IVabove, or the proposed Final Judgment is not entered pursuant to this Stipulation, the
  • time has expired for all appeals of any Court ruling declining entry of the proposed Final
  • governmental approvals and/or rulings to effectuate such divestitures (including but not
  • records, competitively sensitive sales, marketing and pricing information, and decision-making
  • J. Prior to consummation of their transaction, defendants shall appoint Gregory

  • 2 . HOLD SEPARATE ORDER

    EXTRACTED KEY WORDS
    DIVESTITURE
    PUMP
    PLANT
    SEPARATE STIPULATION
    JUDGEMENT
    COURT
    UNITED STATES
    ASSETS
    SALES
    TULSA PLANT
    PRODUCTION
    ENTRY
    PARTIES
    IDP
    REPAIR
    MANUFACTURING EQUIPMENT
    MATERIALS
    FLOWSERVE
    EMPLOYEES
    COMPETITORS
    BUSINESS
    SCE
    VLT
    VMT
    DESIGNS
    MANAGERS
    COMPLIANCE
    PROVISIONS
    APPOINT
    
                                          UNITED STATES DISTRICT COURT
                                          FOR THE DISTRICT OF COLUMBIA
    
     UNITED STATES OF AMERICA,
                                  Plaintiff,
    
                                    v.
    
     INGERSOLL-DRESSER PUMP COMPANY,                            Civil Action No. 001818
    
     INGERSOLL-RAND COMPANY,                                    Judge Jackson
    
     and
    
     FLOWSERVE CORPORATION,
    
                                            Defendants.
    
    
                                 HOLD SEPARATE STIPULATION AND ORDER
    
              It is hereby stipulated and agreed by and between the
    
    undersigned parties, subject to approval and entry by the Court,
    
    that:
    
                                                I.     DEFINITIONS
    
              As used in this Hold Separate Stipulation and Order:
    
              A.          "Acquirer(s)" means the entity or entities to whom
    
    defendants divest the Divestiture Assets.
    
              B.          "Divestiture Assets" means the "Divestiture Plant," "Divestiture Pump Lines,"
    
    "Divestiture Repair Facilities," as defined below.
    
              C.          "Divestiture Plant" means Flowserve&s pump plant in Tulsa, Oklahoma, including
    
    manufacturing equipment, tooling and fixed assets, personal property, inventory, office furniture,
    
    materials, supplies, and other tangible property used in connection with the manufacture of the
    
    
    
    SCE, VLT, VMT and HQ pump lines; manufacturing equipment and tooling dedicated to the
    
    
    SNIPPETS:
  • As used in this Hold Separate Stipulation and Order:
  • defendants divest the Divestiture Assets.
  • "Divestiture Repair Facilities," as defined below.
  • materials, supplies, and other tangible property used in connection with the manufacture of
  • SCE, VLT, VMT and HQ pump lines; manufacturing equipment and tooling dedicated to the
  • production of the J and CGT pump lines and located in IDP&s pump plant in Phillipsburg,
  • Pump Lines" means Flowserve&s SCE, VLT, VMT, HQ, HX and WX (excluding the 93 inch size
  • trade secrets, drawings, blueprints, designs, design protocols, specifications for materials,
  • E. "Divestiture Repair Facilities" means the IDP service centers in Batavia,
  • F. "Flowserve" means defendant FLOWSERVE CORPORATION,
  • managers, agents, and employees.
  • directors, officers, managers, agents, and employees.
  • H. "Tulsa Plant" means Flowserve&s pump plant in Tulsa, Oklahoma, including
  • competitors in the production and sale of certain types of centrifugal pumps used in oil
  • the United States alleges would otherwise result from Flowserve's acquisition of IDP.
  • remain independent, economically viable, and ongoing business assets that will remain
  • The Court has jurisdiction over the subject matter of this action and over each of the
  • parties hereto, and venue of this action is proper in the United States District Court for the
  • COMPLIANCE WITH AND ENTRY OF FINAL JUDGMENT
  • Defendants shall abide by and comply with the provisions of the proposed Final
  • distribution or sales of products from the Tulsa Plant will be kept separate
  • Defendants shall appoint persons to oversee the Divestiture Assets,

  • 3 . APPENDIX OF DOCUMENTS CITED IN PLAINTIFFS MOTION FOR RECONSIDERATION COURT ORDER

    EXTRACTED KEY WORDS
    EXHIBIT
    HOVENKAMP
    ANTITRUST LAW
    MOTION
    AREEDA
    SUPP
    EXCERPT
    RECONSIDERATION
    DEP
    UNITED STATES
    PLAINTIFF
    SUPPORT
    MAHER DEP
    RESPONSE
    INTERROGATORY
    CID
    KALT DEP
    BAUMOL DEP
    ORDOVER
    EXPERT REPORT
    GUNN
    CONGRESSMAN GLICKMAN
    REBEKAH
    FRENCH
    COUNSEL
    JUSTICE
    ANTITRUST DIVISION
    SUITE
    WASHINGTON
    
                            IN THE UNITED STATES DISTRICT COURT
                                      FOR THE DISTRICT OF KANSAS
    
                                               )
    UNITED STATES OF AMERICA,                  )
                            Plaintiff,         ))        Civil Action No.: 99-1180-JTM
                   v.                          ))
    AMR CORPORATION,                           )
    AMERICAN AIRLINES, INC., and               )
    AMR EAGLE HOLDING CORP.                    )
                            Defendants.        )
    _________________________________)
    
    
                           APPENDIX OF DOCUMENTS CITED IN PLAINTIFF'S
           MOTION FOR RECONSIDERATION OF THE COURT'S SEPTEMBER 28, 2000
                         ORDER GRANTING DEFENDANTS' MOTION TO REVIEW
    
           Plaintiff submits copies of the following documents which are cited in its Reply in Support
    
    Plaintiff's Motion for Reconsideration of the Court's September 28, 2000, Order:
    
    1.     A true and correct copy of the Declaration of Herbert Hovenkamp in Support of Plaintiff's
    
    Motion for Reconsideration is attached hereto as Exhibit 1.
    
    2.     A true and correct copy of P. Areeda & H. Hovenkamp, Antitrust Law ¶714.6, n.46 (Supp.
    
    1986) is attached hereto as Exhibit 2.
    
    3.     A true and correct copy of P. Areeda & H. Hovenkamp, Antitrust Law ¶740( Supp. 1999) is
    
    attached hereto as Exhibit 3.
    
    4.     A true and correct copy of P. Areeda & H. Hovenkamp, Antitrust Law ¶714.6, n.51 and ¶715.2f
    
    (Supp. 1994) is attached hereto as Exhibit 4.
    
    5.     A true and correct copy of P. Areeda & H. Hovenkamp, Antitrust Law ¶714.6, n.51 and ¶715.2f
    
    (Supp. 1996) is attached hereto as Exhibit 5.
    
    
    
    6.      A true and correct copy of an excerpt from the Maher Dep. Tr. is attached hereto as Exhibit
    
    7.      A true and correct copy of Response to Interrogatory 4 of CID No. 15982 is attached hereto
    
    Exhibit 7.  (Filed under seal).
    
    SNIPPETS:
  • IN THE UNITED STATES DISTRICT COURT
  • APPENDIX OF DOCUMENTS CITED IN PLAINTIFF'S MOTION FOR RECONSIDERATION OF THE COURT'S
  • ORDER GRANTING DEFENDANTS' MOTION TO REVIEW
  • A true and correct copy of the Declaration of Herbert Hovenkamp in Support of Plaintiff's
  • Motion for Reconsideration is attached hereto as Exhibit 1.
  • A true and correct copy of P. Areeda & H. Hovenkamp, Antitrust Law ¶740(Supp.
  • A true and correct copy of an excerpt from the Maher Dep.
  • A true and correct copy of Response to Interrogatory 4 of CID No. 15982 is attached hereto as
  • A true and correct copy of an excerpt from the Kalt Dep.
  • A true and correct copy of an excerpt from the Baumol Dep.
  • A true and correct copy of an excerpt from the Ordover Initial Expert Report is attached
  • A true and correct copy of the April 5, 1993, Letter from Mr. Gunn to Congressman Glickman.
  • REBEKAH J. FRENCH
  • Counsel for Plaintiff United States
  • Department of Justice, Antitrust Division
  • 601 D. Street N.W., Suite 1700
  • Washington, D.C. 20530

  • 4 . ORDER GOVERNING THIRD PARTY DISCOVERY

    EXTRACTED KEY WORDS
    MEMBERS
    COUNSEL
    DEPONENT
    CCTV ROOM
    COURT
    DISTRICT
    PARTY
    SEATS
    UNITED STATES
    REASONS
    SUFFICIENT SEATING
    PROTECTIVE ORDER
    REQUEST
    OBSERVE
    GOVERNING
    WEBSITES
    INFORMATION RELATING
    JUDGE
    TRANSCRIPTS
    CONFIDENTIAL SESSION
    COURTROOM
    PARAGRAPH
    KANSAS
    ELECT
    PURSUANT
    LAWSUIT
    INTENDING
    SPECTATORS
    PARTIES
    
                                UNITED STATES DISTRICT COURT
                                    FOR THE DISTRICT OF KANSAS
    
    
    
    UNITED STATES OF AMERICA,                           )
                                                        )
                             Plaintiff,                 ))
                              v.                        ))     Case No. 99-1180-JTM
    AMR CORPORATION, AMERICAN                           )
    AIRLINES, INC. and AMR EAGLE                        )
    HOLDING CORPORATION,                                )
                             Defendants.                )))
                        PROTECTIVE ORDER GOVERNING DEPOSITIONS
    
                       In order to:  (i) provide public access to depositions in this action consistent
    
    with 15 U.S.C. § 30 while seeking to ensure that the depositions proceed in an orderly and
    
    expeditious manner without unnecessary disruption; and (ii) ensure the protection of confidential
    
    information during and after the taking of oral testimony, the Court hereby orders, pursuant to
    
    Fed. R. Civ. P. 26(c)(7), that the following procedures shall apply to the taking of depositions
    
    in this action:
    
                       1.     All terms defined in the Protective Order Governing Confidential
    
    Information ("Protective Order") entered on September 14, 1999, as may be amended by this
    
    Court from time to time, shall have herein the same meanings ascribed to them in that
    
    document.
    
                             NOTICE TO THE PUBLIC OF DEPOSITIONS
    
                       2.     The party noticing any deposition shall post such notice on its website
    
    that contains information relating to this lawsuit (www.usdoj.gov/atr or www.aadoj.com).
    
    
    
    Since some depositions may need to be rescheduled for various reasons, those persons
    
    intending to attend a scheduled deposition are encouraged to call Edward Soto on behalf of
    
    American Airlines at (305) 577-3164 or Debra Williams on behalf of the Department of Justice
    
    
    SNIPPETS:
  • UNITED STATES DISTRICT COURT
  • information during and after the taking of oral testimony, the Court hereby orders, pursuant
  • All terms defined in the Protective Order Governing Confidential
  • The party noticing any deposition shall post such notice on its website
  • that contains information relating to this lawsuit.
  • Since some depositions may need to be rescheduled for various reasons,
  • at least twenty spectators, unless counsel for the parties
  • agree that it is reasonable to expect fewer than twenty spectators to attend the deposition.
  • The number of seats allocated to members of the press and the public
  • accessible to more than twenty spectators, members of the press and public intending to
  • On their respective websites that contain information relating to this
  • The deposition shall take place in a courtroom or grand jury room
  • and as many members of the press and the public may observe the
  • deponent that would allow sufficient seating for a total of 50 members of the
  • action or watch the depositions in the CCTV Room must comport themselves in the same
  • manner as would be tolerated in a courtroom located in the United States District Court for
  • websites on which they publish deposition notices as provided at Paragraph 2.
  • Court for the District of Kansas.
  • Judge Marten, Magistrate Judge Humphreys, or another judge to resolve a dispute during the
  • Members of the press and the public may not obtain transcripts of the nonconfidential
  • the Deposition Room upon the request placed on the record by Deposing Counsel or counsel
  • During the Confidential Session,
  • elect to defer that question or line of questions until the Confidential Session of the
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