201511.10
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Atlanta, GA, November 10, 2015 – The Court overseeing In re Delta / AirTran Baggage Fee Antitrust Litigation, MDL 2089 (N.D. Ga.) issued an Order unsealing a number of Plaintiffs’ filings related to their Motion for Class Certification, Plaintiffs’ filings in opposition to Defendants’ Motions for Summary Judgment, and Plaintiffs’ Daubert motions to exclude the testimony of three of Defendants’ economists.

Plaintiffs requested that the Court “unseal” certain documents to ensure that the millions of proposed class members who have paid a first bag fee to either Delta or AirTran have access to additional information related to the claims in the case. Plaintiffs Amended Complaint alleges that Delta Air Lines and AirTran Airways violated the antitrust laws by conspiring to impose a first checked bag fee.

Plaintiffs seek to represent a class of all persons or entities in the United States and its territories that directly paid Delta and/or AirTran one or more first bag fees on domestic flights from December 5, 2008 through November 1, 2014.

Plaintiffs have filed four briefs in support of their motion class certification:

  1. Plaintiffs’ Memorandum in Support of Motion for Class Certification, June 30, 2010.
  2. Plaintiffs’ Reply in Support of Class Certification, Feb. 4, 2011.
  3. Plaintiffs’ Supplemental Brief in Support of Class Certification, Aug. 31, 2012.
  4. Plaintiffs Reply to Defendants’ Supplemental Class Certification Briefs, Oct. 9, 2015.

Plaintiffs filed two briefs opposing Defendants’ motions for summary judgment:

  1. Plaintiffs’ Opposition to Defendants’ Summary Judgment Motions, Sept. 11, 2015.  Plaintiffs’ Exhibits thereto, PX: 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125.
  2. Plaintiffs’ Surreply in Opposition to Defendants’ Summary Judgment Motions, Oct. 16, 2015.

Plaintiffs filed separate Daubert motions against each of Defendants’ six economists, three of which were unsealed on November 10:

  1. Daubert Motion to Exclude Testimony of Eric Gaier.  Memorandum in Support.
  2. Daubert Motion to Exclude Testimony of Daniel Kasper.  Memorandum in Support.
  3. Daubert Motion to Exclude Testimony of Marius Schwartz.  Memorandum in Support.