From: Danks, Ryan I
Sent: - Friday, August 30, 2013 5:03 PM
To: Byrd, Courtney Ryan, Mark 

    
 

 

   

Subject: RE: U.S., et al. v. US Airways Group Inc., et ai., Case No. 13-1236 (CKK)

Categories: Purple Category, Blue Category

Received. Thanks.

From: Byrd, Courtney C. 
Sent: Friday, August 30, 2013 5: PM

To: Ryan, Mark Danks, Ryan;

 

      

objectAirways Group Inc., at al., Case No. 13-1236 (CKK)

Counsel:

Please see the attached.

Best,

Courtney 
O'Melveny Myers LLP
1625 Street, NW
Washin on, DC 20006
Phone:

Fax: (202) 383-5414

TEis message an! any attached documents contain information from the law ?rm of O?Melveny 8: Myers LLP that may be
con?dential andfor privileged. If you are not the intended recipient, you may not read, copy, distribute, or use this information. If
you have received this transmission in error, please notify the sender immediately by reply e?mail and then delete this message.

Fro-m 
Sent: Friday, August 0, 2013 2:53 PM

To: Levy, Mark; Liz Brady; Tobey, Mark
Cc: Andrew Jones;
Hunt; Craig, Stephen;

 
  
 
 
  

hristopher

  

onahue, 111, James 
irk, Jennifer Thomson, Jennifer Laura Daugherty;

   
      

tavast?Piper, Kayna; Stinson, Eric; Wertz,

 

Tracy VanWinkle, Kim;
Subject: RE: DOJ Discovery lead

Categories: Purple Category, Blue Category

1 will have it by Sunday pm.

From: Lew, Mark [mento?
Sent: Friday, August 30, 2 13 2:51 PM

To: Danks, Ryan; Liz Brad 'Tobe Mark

Cc: Andrew Jones;
Laura Daugherty 

VanWinkIe, Kim
Subject: RE: DOJ Discovery lead

 

 
 

hristopher Hunt; Craig, Stehen;

  
  
 

    
 
 

tavast?Piper, Kayna; Stinson, Eric;

I think Liz is referring to the defensive discovery objections I asked about yesterday. Do you have a draft ready yet?

Mark

 

From: Danks, Ryan ?lto

Sent: Friday, August 30, 2013 1:47 PM
To: Liz Brady; Levy Mark; Tobey, Mark
Cc: Andrew Jones;

 
 

Christopher Hunt; Craig, Stephen; 

     

  
 
  
 

'Laura Daugherty;

VanWinkle, Kim
Subject: RE: DOJ Discovery lead

tinson, Eric;

 
   
 

Draft objections from whom?

From: Liz Brady [mm
Sent: Friday, August 30, 2013 

To: Levy, Mark; Danks, Ryan; Tobey, Mark
Cc: Andrew Jones;

 

   

 
 

Christopher Hunt; Craig, Stephen;

   
  
 

  
 

Laura Daug erty

anWinkle, Kim;
Re: DOJ Discovery lead

tavast-Piper, Kayna; Stinson, Eric;

    

have we received the draft objections
Sent ?om my Blackberry device.

 

From: "Levy, Mark" 

Sent: 0880/2013 06:18 PM GMT
To: "Danks, Ryan" - "Tobey, Mark"
Cc: Andrew Jones;

Christop or out; ralg, tepen 



      
  

 
   
 

 
 
 
 

 
 
 
  
 
  
  

Laura Dau erty; "Levy, ar 

 

  
 
 
 

"Stavast-Piper, ayna"

 

"Stimson, Eric
VanWinkle, Kim

 

Subject: RE DOJ Discovery lead

Thoughts for Ryan?

Ryan, 1 think that the Texas signature block with my name and Kayna's says ?Assistant Attorney Genera ?that should
be pluraiized to ?Assistant Attorneys General.? My mistake.

Thanks.

 

From: Banks, Ryan aiito

Sent: Friday, August 30, 2013 12:58 PM
To: Levy, Mark; Tobey, Mark

Subject: RE: DOJ Discovery lead

Will do. 

 

 

From: Levy, Mark 
Sent: Friday, August 30, 2013 1:19 

To: Tobey, Mark; Danks, Ryan

Subject: DOJ Discovery lead

Would y?all mind asking your discovery lead tojoin the call on Tuesday? 

Thanks, guys.



 
 
    
 
 
   

  
 

   

From: Danks, Ryan
Sent: Friday, August 30, 2013 2:29 PM
To: Levy, Mark; Tobey, Mark
Cc:
raig, Stephen;
Donahue, I11, James A. Kirk, Jennifer
Thomson, Jennifer A.
Stavast-
iper, Kayne; Stinson, Eric; Wertz, Tracy VanWinkle, Kim

Subject: RE: DOJ Discovery lead
Categories: Purple Category, Blue Category
Will do. 

 

From Lew: Mark 
Sent: Friday, August 30, 

To: Danks, Ryan; Tobey, Mark

Cc: 
Craig, Stephen; 


VanWinkle, Kim,

     
   
   
  

tavast-Piper,

   
  

yna; Stinson, EriC'
Subject: RE: DOJ Discovery lead

 

Thoughts for Ryan?

Ryan, I think that the Texas signature block with my name and Kayna?s says "Assistant Attorney General" that should
be pluralized to ?Assistant Attorneys General.? My mistake.

Thanks.

 

From: Danks, Ryan 'lto

Sent: Friday, August 30, 2013 12:58 PM
To: Levy, Mark; Tobey, Mark

Subject: RE: DOJ Discovery lead

Will do.

 

 

From Lew: Mark 
Sent: Friday, August 30, 2 

To: Tobey, Mark; Danks, Ryan

Subject: DOJ Discovery lead

Would y?all mind asking your discovery lead tojoin the call on Tuesday??

Thanks, guys.

--K

From: Donahue, 111, James A.

Sent: I 1 Friday, August 30, 2013 8:35 AM
To: 

Subject: Re: Hearing

Categories: Purple Category, Blue Category
WhereSent from my BlackBerry Wireless Handheld

 Original Message 

From: Banks. Ryan Im?
Sent: Friday, August 30, 20 3 08:32 AM

To: Donahue, 111, James A.

Subject: Re: Hearing

We are on 5. Haven?t been kicked out yet.

 Original Message 

From: Donahue. James A. 

To: Danks, Ryan
Sent: Fri Aug 30 08:25:20 2013
Subject: Re: Hearing

Iwill meet you in the annex lobby. The courtroom deputy just kicked us off the 6th floor.



Sent from my BlackBerry Wireless Handheld

 Original Message 

From: Banks, Ryan mailto.

Sent: Friday, August 30, 2013 08:18 AM
To: Donahue, 111, James A.

Subject: Re: Hearing

We are on our way.
 Original Message 

From: Donahue, 111, James A 
To: Tobey, Mark; Danks, Ryan
Sent: Fri Aug 30 08:12z2 2013

Subject: Re: Hearing

  

1 am in the courthouse outside Judge Kollar Kotelly?s courtroom. Jim

Sent from my BlackBerry Wireless Handheld

 Original Message 

From: Donahue, James A.

Sent: Friday, August 30, 2013 07:57 AM
To:

     

Su ject: Hearing

I will be at the judiciary square station of the Metro in 2 minutes. Jim

Sent from my BlackBerry Wireless Handheld The information transmitted is intended only for the
person or entity to whom it is addressed and may contain confidential and/or privileged material.
Any use of this information other than by the intended recipient is prohibited. If you receive this
message in error, please send a reply e-mail to the sender and delete the material from any and all
computers. Unintended transmissions shall not constitute waiver of any applicable attorney-client
or any other applicable privilege. 



From: Tobey, Mark

Sent: Friday, August 30, 2013 8:31 AM
To: Donahue, James A.

Subject: RE: Hearing

Categories: I Purple Category, Blue Category

On my way over. Look for Ryan Danks or Mark Ryan. Near her jury room door.

.

From: Donahue, James A. [Mg?
Sent: Friday, August 30, 2013 8:12 AM 
To: Tobey. Mark: Banks. Ryan
Subject: Re: Hearing

I am in the courthouse outside Judge Kollar Kotelly's courtroomSent from my BlackBerry Wireless Handheld

 Original Message 

From: Donahue, James A.

Sent: Friday, August 30, 2013 07:57 AM
To:

 
 

 

 

Subject: Hearing

1 will be at the judiciary square station of the Metro in 2 minutes. Jim

Sent from my BlackBerry Wireless Handheld The information transmitted is intended only for the
person or entity to whom it is addressed and may contain confidential and/or privileged material.
Any use of this information other than by the intended recipient is prohibited. If you receive this
message in error, please send a reply e-mail to the sender and delete the material from any and all
computers. Unintended transmissions shall not constitute waiver of any applicable attorney-client
or any other applicable privilege. PA-OAG -

12



From: Danks, Ryan

Sent: 1 Thursday, August 29, 2013 10:32 PM

To: onahue, James Thomson, Jennifer 
Subject: Re: U.S. v. U.S. Airways et ai.; Cali re discovery

Categories: Purple Category, Blue Category

Yep. 

 

From: Levy, Mark

To: Danks, Ryan; Donahue, James A. Thomson, Jennifer A. Stavast-Piper, Kayna
Sent: Thu Aug 29 22:26:08 2013

Subject: RE: U.S. v. U.S. Airways et al.; Cell re discovery

Someone from the states will be there, for sure. I take it that's at 3pm eastern?

Mark

From: Danks, Ryan 
Sent: Thursday, August 2 2013 7:07 PM

To: Levy, Mark; Donahue, James A. Thomson, Jennifer Stavast-Piper, Kayne
Subject: FW: U.S. v. U.S. Airways et al.; Cell re discovery

fyi.

 

 

From: Swerdlow, Robert [mailt
Sent: Thursday, August 29, 2013 8:05 PM
To: Danks, Ryan 

Cc: O?Rourke. Kenneth 
Subject: RE: U.S. v. U.S. Airways et Cali re iscovery

Great.

Let?s'use this number:

Call-in Number:

Passcode:

?Bobby

 

From: Danks, Ryan 
Sent: Thursday, August 29, 2013 8:03 PM
To: Swerdiow, Robert

Cc: O'Rourke! Kenneth 
Subject: RE: U.S. v. U.S. rrways et al.; Call re discovery
Bobby-

l7

We?re available.

thanks
Ryan

 

From: Swerdlow, Robert [Mg?

Sent: Thursday, August 29, 2013 7:20 PM
To: Danks, Ryan

Cc: o'Rourke, Kenneth R: John m- Majoras 

ject: . . v. U.S. Airways et al.; Call re discovery
Ryan-

We?d like to schedule an initial call to meet and confer about the discovery Plaintiffs served this evening. Would you let
me know if 3 :00 pm. tomorrow works for your side? If so, I can circulate a call-in number.

Thanks

-Bobby

Robert M. Swerdlow
O'Melveny Myers LLP

400 South Hope Street
Los An eles, California 90071

   

is message and any attached documents contain tnformattan??om the Zaw?rm of OMelveny Myers LLP?that may be
con?dentiat and/orprivtleged Ifyon are not the intended recipient, you may not read, copy, distribute, ar- use this
infornmtion. 15? you have received this transmission in error, please notify the sender immediater by reply e-maz'l and then
delete this message. 

18

g?

From: Tobey, Mark
Sent: Thursday, August 29, 2013 8:50 PM
To:

Thomson, Jennifer Donahue, HI, James 

    

 

 

Wertz, Tracy W.
Subject: Re: Copy of DOJ Transmittal Letter re: Initial Disclosures
Categories: Purple Category, Blue Category

Okay thanks. Imeant appearance at the hearing. I didn?t phrase it well.

 Original Message 
From: Thomson, Jennifer A. 1
To: Donahue, James A. 4_

 
 
 

Tobey, Mark;

      
 

Wertz, Tracyr W.

 
 
   

Sent: Thu Aug 29 20:45:13 2013
Subject: RE: Cop),r of DOJ Transmittal Letter re: Initial Disclosures

To clarify, I entered an appearance but won't be at the hearing tomorrow.
Fromibonaliue, James A.- 
Sent: Thursda August 29, 2013 7:36 PM

 
 
 
 

 

    

k, Jennifer Thomson, Jennifer 

19

wertz. Tracy 

Subject: Re: COpy of Transmittal Letter re: Initial Disclosures

For Jennifer and I will enter appearances. Jennifer's is already done. Jim

Sent from my BlackBerry Wireless Handheld

From: Tobey, Mark [mailto
Sent: Thursda ,Au st'29, 2013 07:01 PM
To:

 
   
   
 
 

Donahue, James 
?rk, Jennifer Thomson, Jennifer 

    

 
  

Hui Wertz, Tracy 

Subject: Re: Copy of DOJ Transmittal Letter re: Initial Disclosures

 

All: For the hearing tomorrow we need a list of all state AG attorneys who will enter an appearance.
Please send to me and I will pass the list along to Ryan. We'll need to see tomorrow what the setup is
like in the courtroom to figure out who/how many can be at counsel table. mt



From: Levy, Mark
To: Tobe Mark-

    
 

raig, Stephen;

  
 
 

Stavast-Piper, Kayna;

     

 

Stinson, Eric 
Sent: Thu Aug 29 11:57:05 2013
Subject: RE: COpy of DOJ Transmittal Letter re: Initial Disclosures Thanks, Mark.

Mark

From: Tobey, Mark [mailto

Sent: Thursday, August 29, 2013 10:26 AM .

To: Levy, Mark; Donahue, James Thomson, Jennifer Stavast-Piper, Kayne; Rushkoff. Bennett
(DAG) 

Cc: Fisher, Tracy; Danks, Ryan

Subject: Copy of Transmittal Letter re: Initial Disclosures

'20

For your files, here is a copy of the cover letter that went out yesterday to the parties with the first
initial disclosures (things that did not need protective order review). Could you please distribute to
the other states? Thanks, mt

Mark Tobey
Special Counsel for State Relations and Agriculture US. Department of Justice Antitrust Division Rm
1 1 038 - LSB

The information transmitted is intended only for the person or entity to whom it is addressed and
may contain confidential and/ or privileged material. Any use of this information other than by the
intended recipient is prohibited. If you receive this message in error, please send a reply e-mail to
the sender and delete the'material from any and all computers. Unintended tranSmissions shall not
constitute waiver of any applicable attorney?client or any other applicable privilege. PA-OAG

21

g?

From: Danks, Ryan

Sent: Thursday, August 29, 2013 8:02 PM

To: Levy, Mark; Donahue, James Thomson, Jennifer A.
Subject: FW: US. v. US. Airways et al.; Call re discovery
Categories: Purple Category, Blue Category

Fyi. Please let me know if someone from the states would like to join.

From: Swerdlow, Robert [mailto_
Sent: Thursday, August 29, 201 ?:20 PM .
To: Danks,? Ryan

Tr: O'Rourke.- Kenlnletnlias John m- Maroras 

ubject: U.S. v. US. Airways et al.; Call re discovery
Ryan-

We?d like to schedule an initial call to meet and confer about the discovery Plaintiffs served this evening. Would you let
me know if 3 :00 pm. tomorrow works for your side? If so, I can circulate a call-in number.

Thanks

-Bobby

Robert M. Swerdlow
O'Melveny Myers LLP

400 South Hope Street
Los An eles, California 90071

 

This message and any attached documents contain information ?om the Iaw?rm ofO?Meiveny Myers LLP that may be
con?dential and/or privileged {fyon are not the intended recipient, you may not read, copy, distribute, or use this
information. Ryan have received this transmission in error, please the sender immediater by reply e?mail and then
delete this message.

22



From: Danks, Ryan
Sent: Thursday, August 29, 2013 5:38 PM
To: Byrd, Courtney Ryan, Mark W.

 

Subject: RE: U.S., et al. v. US Airways Group Inc, et al.r Case No. 13-1236 (CKK)

Categories: Purple Category, Blue Category

Received. Thanks Courtney.

From: Byrd, Courtney C. [mailtom
Sent: Thursday, August 29, 2013 5:34

To: Ryan, Mark Danks, Ryan;

 

    

Ject: U.S., et al. v. US Airways Group Inc., et al., Case No. 13-1236 (CKK)

Counsel:

Please see the attached.

Best,

Courtney 
O?Melveny Myers LLP
1625 Street, NW
Washington, DC 20006
Phone

Fax: (2 383?5414

!his message and any attached documents contain information from the law ?rm of O'Meiveny 8: Myers LLP that may be

con?dential andy?or privileged. if you are not the intended recipient, you may not read, copy, distribute, or use this information. If
you have received this transmission in error, please notify the sender immediately by reply e-mail and then delete this message.

26

From: Fisher, Tracy

Sent: Thursday, August 29, 2013 1:00 PM

To: Wertz, Tracy Thomson, Jennifer A.

Cc: Cappello, Gary Donahue, I11, James Klovers, Amanda
Subject: RE: USDOJ Test Production

Categories: Purple Category, Blue Category

Will call you then, thanks.

~Tracy

From: Wertz, Tracy w. [mailtoF
Sent: Thursday, August 29, 201 12:59

To: Fisher, Tracy; Thomson, Jennifer A.
Cc: Cappello, Gary A. Donahue, James A. Klovers, Amanda
Subject: RE: USDOJ Test Production

2:00 it is. Call us on Gary?s line at_. Thanks.
From: Fisher, Tracy IMF
Sent: Thursday, August 29,. 13 12:53 PM

To: Wertz, Tracy W. Thomson, Jennifer A. -
Cc: Cappello, Gary A. Donahue, James Kloyers, Amanda
Subject: RE: USDOJ Test Production

 

 

Let?s shoot for 2 today if that?s all right?
Could we call you directly? What?s a good number?
Thanks, Tracy

From: Werrz, Tracy w. Lei-mp
Sent: Thursday, August 29, 201 2:38 PM

To: Thomson, Jennifer A. Fisher, Tracy
Cc: Cappello, Gary A. Donahue, James A. Klovers, Amanda
Subject: RE: USDOJ Test Production

 

Tracy:
lam available today as well as tomorrow. Please let me know what time you want to discuss.

Tracy

 

From: Thomson, Jennifer A.

Sent: Thursday, August 29, 2013 9:48 AM

To: ?Fisher, Tracy'

Cc: Cappello, Gary Donahue, James Wertz, Tracy Kloyers, Amanda
Subject: RE: USDOJ Test Production

2?

Tracy,
Today is getting tight for me and lam out tomorrow, however I talked to Tracy Wertz and she can sit in with Gary on the
call. Gary is really the pivotal person anyway. Tracy has been copied on these emails and can let you know what time

works best. All the times you propose are fine for Gary.

Jennifer

 

 

From: Fisher, Tracy mailto

Sent: Thursday, August 29, 2013 9:41 AM

To: Thomson, Jennifer A. 

Cc: Cappello, Gary A. Donahue, James A. Wertz, Tracy W. Klovers, Amanda
Subject: RE: USDOJ Test Production

My litigation support folks have looked over the production and the questions and think it?s worth a phone
call. We could do 1:30 or 2 today/Thursday or most any time tomorrow/Friday that would work for
you. Would that be possible?

Thanks, Tracy

From: Thomson, Jennifer A. 
Sent: Tuesday, August 27, 2013 1:5 PM

To: Fisher, Tracy; Klovers, Amanda

Cc: Cappello, Gary Donahue, James Wertz, Tracy W.
Subject: RE: USDOJ Test Production

 

Tracy,
Thank you. Please let us know if you want to set up'a call to discuss anything.
Jennifer

From: Fisher, Tracy [w
Sent: Tuesday, August 27, 13 1:54 PM

To: Thomson, Jennifer A. Klovers, Amanda
Cc: Cappello, Gary Donahue, 111, James Wertz, Tracy W.
Subject: RE: USDOJ Test Production -

From: Thomson, Jennifer A. 
Sent: Monday, August 26, 2013 4:17 PM .
To: Fisher, Tracy; Klovers, Amanda

Cc: Cappello, Gary A. Donahue, James A. Wertz, Tracy W.
Subject: FW: USDOJ Test Production

 

 



From: Tobey, Mark

Sent: Thursday, August 29, 2013 11:26 AM

To: ?Donahue, James Thomson, Jennifer 
tavast-Piper, Kayna; Rushkoff, Bennett (DAG)

Cc: Fisher, Tracy; Danks, Ryan

Subject: Copy of Transmittal Letter re: Initial Disclosures

Attachments: 2013?08-28 Initial Disclosures Letter TLF.PDF

Categories: Purple Category, Blue Category

For your files, here is a copy of the cover letterlthat went out yesterday to the parties with the ?rst initial disclosures
(things that did not need protective order review). Could you please distribute to the other states? Thanks, mt

Mark Tobey

Special Counsel for State Relations and Agriculture
U.S. Department of Justice

Antitrust Division

Rm 11638 - LSB

31

US Department of ustite

Antitrust Division

 

 

Liberal Square Building
450 5 Street NW, Suite 8000
Washington DC 20530

August 28, 2013
Via Pick-Up at 
Kenneth R. O?Rourke, Esq. John M. Majoras, Esq.
O?Melveny Myers LLP Jones Day
400 South Hope Street 51 Louisiana Avenue NW
Los Angeles CA 90071 Washington DC 20001

Re: United States, et al. v. US Airways Group, Inc. and AMR Corporation,
Civil Action No. (D.C.)

Dear Counsel:

Plaintiff United States hereby produces to Defendants US Airways Group, Inc. and AMR
Corporation initial disclosure materials in the above?captioned action. The following
items are enclosed.

- One CD containing Summation load ?les of investigation materials sent to or
received from non~parties.

All of the redactions to correspondence with non-parties re?ect solely internal DOJ
communications withheld as work product.

If you have any questions, please contact me at (202) 616-1650.

Very truly yours,

Ks

Tracy Fisher

Trial Attorney

Transportation, Energy and Agriculture Section

Enclosures

cc: Mark Levy, Esq. (without enclosures)
James Donahue, Esq. (without enclosures)

 . 

From: Danks, Ryan

  
 
      
 
      
 
   

Sent: Thursday, Auust 29, 2013 10:45 AM
To: Levy, Mark-
raig, Stephen;
Kirk, Jennifer
Thomson,_Jennifer 
Piper, Kayna; Stinson, Eric; Wertz, Tracy VanWinkie, Kim
Cc: Tobey, Mark; Mitchell?Tombras, Katharine S.
Subject: Order from Court regarding questions for tomorrow
Attachments: Doc. 48 -- 0rder.pdf
Categories: Purple Category, Blue Category

?Doc. 48 -- Order.pdf>>

32



 
 
 
 

 

From: Danks, Ryan

Sent: Wednesday, August 23, 2013 4:53 PM

To: Levy, Mark; Rushkoff, Bennett Liz Brady
Cc:

Stinson, Eric;
Donahue, EH, James Jesse, Judith; Kirk, JenniferJ.; Thomson, Jennifer Stavast?Piper,
Kayne; VanWinkle, Kim; Hull, Matthew 
Allen, Sarah

       
 
 

Bush, Nicholas 
Craig, Stephen; Wertz, Tracy 

  

Subject: RE: Am [the only one who was kicked Off the line?
Attachments: Doc 45 -- Meet and Confer Statement 16.3.pdf
Categories: Purple Category, Blue Category

All-

Please ?nd attached the ?led version. Thanks much for all the help with it today.

 

 

 

 

 

42

Cc: Mitchell?Tombras, Katharine Hallagan, Patrick; Tobey, Mark
Subject: RE: Am I the only one who was kicked off the line?

All?

From= Levyr Mark 
Sent: Wednesday, August 013 11:16 AM 

0: Banks, Ryan; Hu?ll, Matthew 
Crai, Stephen; 


Allen, Sarah Stavast-Piper, Kayna; Stinson, Eric;

       
 
     

Subject: RE: Am the on one who was kicked off the line?

Folks, let?s move over to my line:



From: Danks, Ryan mail 0
Sent: Wednesday, August 2, 20
To: Levy, Mark; Hull, Matthew 

 
   

   

 
 
    
 

10:14 AM

    

Craig, Stephen hm?

  
 

Jesse Judith

len, Sarah Stayast-Piper, Kayna; Stimson, Eric;

 

Kim;
Subject: RE: Am I the only one who was kicked off the line?

Sure, thanks.

Fro-m Lew, Mark 
Sent: Wednesday, August 8, 2013 11:14

To: Danks, Ryan; Hull, Matthew R:

    
 
       

Ilen, Sarah Stavast-Piper, Kayna; Stinson, Eric;

Subject: RE: Am I the only one who was kicked off the line?

Their system seems to be down. Shall we use my dial-in number? Ryan, do you want to email it to them? 
don?t know if I have their addresses.) -

Mark

48

Mark A. Levy
Assistant Attorney General

Of?ce of the Attorney General of Texas
Consumer Protection Division - Antitrust Section
PD. Box 12548

Austin, Texas 78711?2548

Tel:

Fax: 1 - 97

   
 
 
  

From: Danks, Ryan 
Sent: Wednesday, August 2 2 

To: Hull, Matthew Le
Jesse, Judith'

Ilen, Sarah Stavast-Piper, Kayna; Stinson, Eric

    

 

 

rang, ep en;

    

Subject: RE: Am I the only one who was kicked off the line?

WE were too.

From: Hull, Matthew R. 
Sent: Wednesday, August 28, 13 11:09 AM

To: Levy, Mark; Danks, Ryan; 

Allen, Sarah Stavast?Piper, Kayne; Stinson, Eric

    
 
     
     

Subject: RE: Am I the only one who was kicked off the line??

I was as well.

From: Lew.- Mark 
Sent: Wednesda August 2013 11:10 AM

To 
Crai Stehen'

 
        

    
   

    
 
 
 
 

 
 

Jesse, Judith;

Mark;

 

  

  

en, arah Stavast?Piper, Kayna; Stinson, Eric
. m.

Subject: Am I the only one who was kicked off the line?

[attachment "2013-08-28 Draft Chart accompanying Joint report {may change) (to deleted by Liz
Brady/DAG] [attachment "2013-08-28 Draft Joint Report (may change) (to states).doc" deleted by Liz
Brady/DAG]
The information transmitted is intended only for the person or entity to whom it is addressed and may contain
con?dential andfor privileged material. Any use of this information other than by the intended recipient is
prohibited. If you receive this message in error, please send a reply e?mail to the sender and delete the material
from any and all computers. Unintended transmissions shall not constitute waiver of any applicable attorney-
client or any other applicable privilege. PA-OAG [attachment "Airlines Redline of Joint Report 8-28 (for
Plaintiffs).doc? deleted by Liz Bradyz?OAG] [attachment "Airlines Redline of Chart 8-28 (for Plaintiffs).doc"

49

deleted by Liz [attachment "2013-08-28 Draft Joint Report (may change) (to parties 3pm).doc"
deleted by Liz Bradyx?OAG]

50



 

 

From: Tobey, Mark 

Sent: Wednesday, August 28, 2013 2:58 PM

To: Levy, Mark; VanWinkle, Kim; Stavast?Piper, Kayna; Donahue, Ill, James Thomson,

Jennifer Rushkoff, Bennett Vic Domen; Allen, Sarah Liz Brady; Bonnell,

Nancy

Subject: FW: Antitrust and Travel Industry Experts FAQs About the DOJ's Move to Block US
Airways-American Merger

Categories: Purple Category, Blue Category

From AAI

From: American Antitrust Institute [mailtohtm Behalf Of American Antitrust

Institute

Sent: Wednesday, August 28, 2013 11:19 AM
To: Tobey, Mark .
Subject: Antitrust and Travel Industry Experts FAQs About the DOJ's Move to Block US Airways-American Merger

 

 

 

 

Antitrust and Travel Industry Experts Release "Frequently
Asked Questions" About the U.S. Department of Justice's Move
to Block the Merger of US Airways and American Airlines

WASHINGTON, DC - August 28, 2013 - The Anaerican Antitrust Institute  and
Business Travel Coalition (ETC) today released "Frequently Asked Questions" (FAQS)
regarding the move by the U.S. Department of Justice (DOD and Attorneys General of six
states (Athena, Florida, Tennessee, Texas, and Virginia) and the District of
Columbia to block the proposed merger of US Airways and American Airlines (US Airways-

A number of questions have arisen in the wake of the DOj's lawsuit to stop the merger. "The
FAQs are designed to provide airline consumers and industry stakeholders with a
straightforward explanation of the many complex antitrust issues associated with the merger,"
explained AAI's Vice President Diana Moss. "The action to block the merger is a signi?cant
effort by state and federal enforcers to safeguard airline competition and consumers for years to
come." 

The FAQS topics range-from the effect of the merger on competition and consumers to the
litigation process. 

SAMPLE FAQs:

51

I Why would the block this airline merger and not previous airline mergers?

I How can and the airlines be so far apart in their estimates of how much the
proposed merger will affect competition? 

I Why can't problems with the proposed merger be resolved by slot divestitures at
Reagan Washington National airport?

I Won't American fail without the merger?

I Will Southwest Airlines and other low?cost carriers ensure competition and keep the big
legacy carriers, including a merged US Airways-AA, in check?

I Why did the government address airline ?ancillary? fees in the Complaint, and how is
the move to challenge the merger related to other regulatory issues involving fees?

The FAQS on the US Airways?AA merger note that competition enforcers have
updated their merger analysis to re?ect dramatically changed markets. "There is greater
emphasis on system-wide consequences from reduced competition and from coordinated
effects, that can include tacit agreements among airlines to reduce service and capacity, raise
fares and fees, change consumer-facing policies, and lower quality," stated BTC Chairman
Kevin Mitchell. 

"When there were nine major carriers in 2005, it made sense to focus analysis substantially on
non?stop overlapping markets," explained BTC's Mitchell. "But now that we have ?ve, going
on four, major airline systems, evaluation of connecting services become more prominent in

their price disciplining role," added Mitchell.

Media Qontacts:
Diana Moss, AAI

Kevin Mitchei BTC -



Ab ut American Antittu Institute . tinstitute. 

The American Antitrust Institute is an independent Washington?based non?pro?t education,
research, and advocacy organization. Our mission is to increase the role of competition, assure
that competition works in the interests of consumers, and challenge abuses of concentrated
economic power in the American and world economy. Our list of contributors is available upon
request to aai@antitrustinstimte.org.

About Busine Travel .businesstravelcoalition.com .

BTC is an advocacy organization dedicated to interpreting industry and government policies
and practices and providing a platform for the managed?travel community to influence issues of
strategic importance to their organizations. BTC represents the interests of the managed travel
community in Washington and Brussels and within the travel industry.

52

 

 

 

 

This email was sent to I
up?gtg Pm?lg?Emgil Adgm? I Instant removal with Erivag: 
American Antitrust Institute 1 2919 Ellicott Street, NW Washington DC 20008?1022

53

 

 

 

 

i

    
   
    
 
   

From: Danks, Ryan 
Sent: Wednesday, August 28, 2013 11:14 AM
To: Thomson, Jennifer Hull, Matthew Levy, Mark

Craig, Stephen;
Donahue, James Jesse, Judith; Kirk, Jennifer 

Allen, Sarah
Stavast?Piper, Kayne; Stinson, Eric; Wertz, Tracy VanWinkle, Kim;

Subject: RE: Am I the only one who was kicked off the line?

Categories: Purple Category, Blue Category

The parties got kicked off too. I?ve tried dialing twice and am not able to get logged on to the system.

 

From: Thomson, Jennifer A. [mailt
Sent: Wednesday, August 28, 2013 11:12 AM
To: Banks, Ryan; Hull, Ma ew Levy, Mark'

 
    
 
 
    

  

- lien, Sarah
Stavast-Piper, Kayna; Stinson, Eric; Wertz, Tracy VanWinkle, Kim

Subject: RE: Am I the only one who was kicked the line?

Everyone redial.

From Banks: Ryan 
Sent: Wednesday, August 2 2013 11:11 AM i

To: Hull, Matthew Levy, Mark;

 

 
 
    

     
 
 
  

   
 

Craig, Ste hen'
Donahue James 

   

Stavast-Piper, Kayna; Stinson, Eric; Wertz, Tracy VanWinkie,

Kim;
Subject: RE: Am I the only one who was kicked off the line?

WE were too.

 

From: Hull, Matthew R. ilto:
Sent: Wednesday, August 28, 2013 11:09 AM
To: Le Mark' Danks an'

 
   

        
     

  
 



 

Jesse Judith-

Allen, Sarah Stavast?Piper, Kayne; Stinson, Eric; 
Kim;
Subject: RE: Am I the only one who was kicked off the line?

was as well.

56

 

From: LEVY: Mark 
Sent: Wednesday,_ August 28, 201.31 

To:

 
    
 

Jesse, Judith
Mark;

 
    
 
 

VanWinkle,

 

Subject: Am I the only one who was kicked off the line?

The information transmitted is intended only for the person or entity to whom it is addressed and may contain
con?dential andfor privileged material. Any use of this information other than by the intended recipient is
prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material
?-om any and all computers. Unintended transmissions shall not constitute waiver of any applicable attorney-
client or an}r other applicable privilege. 

5?



From: Danks, Ryan 

Sent: Wednesday, August 28, 2013 8:49 AM

To: Vic Domen; Liz Brady; Bush, Nicholas (OAG)

Cc: Rushkoff, Bennett Charlena Aumiller; Chris Hunt; Hallagan, Patrick; Donahue, 111,

James Kirk, Jennifer Thomson, Jennifer Mitchell?Tombras, Katharine Stavast-

Piper, Ka na; VanWinkle, Kim; Levy, Mark; Tobey, Mark;
hertz, Tracy W.

Subject: RE: Update on scheduling 8i case management matters

Categories: Purple Category, Blue Category

Apologies, I just realized have a 10:30 conflict. Can we try 10:15? (Apologies, Nancy and Susan.)

 

From: Vic Domen [mailto

Sent: Wednesday, August 28, 2013 8:43 AM

To: Liz Brady; Bush, Nicholas (OAG)

Cc: Rushkoff, Bennett Charlena Aumilier; Chris Hunt; Haliagan, Patrick; Donahue, James A. Kirk, Jennifer J. 
Thomson, Jennifer A: Mitchell-Tombras, Katharine Stavast-Piper, Kayna; VanWinkIe, Kim; Levy, Mark; Tobey, Mark;

Banks, Ryan: were Tracy w-
ject: RE: Update on scheduling case management matters

TN will also be on.

Victor J. Domen, Jr.

Senior Counsel

Tennessee Attorney General?s Office
425 Fifth Avenue North

Nashville, TN 37202

Fax {515) 532-6951

From: Liz Brady 
Sent: Wednesday, Augus 28, 2013 7:41 AM

To: Bush, Nicholas (GAG) 
Cc: Rushkoff, Bennett Charlena Aumilier; Chris Hunt; Hallagan, Patrick; Donahue, James Kirk,

Jennifer Thomson Jennifer A. Mitchell-Tombras, Katharine Stavast-Pi r, Kayna; VanWinkle, Kim; Levy,
Mark; Tobey, Mark 'Danks, Wank? W602, W-i Vic

Domen
Subject: RE: Update on scheduling case management matters

 

as is Florida
 ?Bush, Nicholas ?08/23/2013 03:38:39 is available aslwell, Nicholas A. Bush
From: "Bush, Nicholas (OAG 

To: "Thomson, Jennifer 
Bennett 

     

"?Danks an?? "Rushkoff,
"Stavast-Pi er Ka a"
Chris Hunt

  
  

  
 

58

  
   

  

I, "Kirk-Jennifer . "Levy, Mar 

 
 
  
 

"Wertz,
Cc: "Tobey, Mar 
"Hallagan, Patrick"

"'MitchelI-Tombras, Katharine 
Date: 03/28f2013 08:38 AM

Subject: RE: Update on scheduling case management matters

 

DC is available as well.

Nicholas A. Bush

Assistant Attorney General
Public Advocacy Section
Of?ce of the Attorney General
for the District of Columbia
441 4th Street, NW
Washington, D.C. 20001

ph: I

fax: (202) 715?7720

Information contained in this e-mail transmission may be privileged, confidential, and/or covered by
the Electronic Communications Privacy Act. if you are not the intended recipient, please do not read,
distribute, or reproduce this transmission. Please notify the sender immediately ofthe error by return
e-mail and delete the e-mail from your system. Thank you.

Join DDOT on Saturday, September 7th for a celebration on the new 11th Street Bridge
commemorating DDOT's decade of transportation advancements and the full opening of the bridge to
traf?c, bicyclists and pedestrians. For more information visit AnacostiaWater?ont.org.

From: Thomson, Jennifer A. 

Sent: Wednesday, August 28, 2013 8:37 AM

To: 'Danks, Ryan'; Rushkoff, Bennett Stavast?Pi
Donahue, James A: Kirk, Jennifer Le Mark;
Bush, Nicholas ertz, Tracy VanWinkle, Kim
Cc: Tobey, Mark; Mitchell?Tombras, Katharine Hallagan, Patrick

Subject: RE: Update on scheduling case management matters

Chris Hunt;

      
 

Ryan,

PA can be available.?

Jennifer

Sent: Wednesday, August 2 

59

Those of you on ECF should see this shortly; here are the papers we just ?led.

Also, the call-in for 4pm is from OMM:

_from within US.
Code: 

From: Danks, Ryan
Sent: Tuesday, August 2013 2:11 PM
To: Danks, Ryan; 'Rushkoff, Bennett 'Thomson, Jennifer 'Stavast-Piper, Kayna';
'Chris Hunt'; 'Donahue, James 'Kirk, Jennifer ?Levy, Mark"
Bush, Nicholas 
'Wertz, Tracy 'VanWinkle, Kim'_ .
Cc: Tobey, Mark; Mitchell-Tombras, Katharine 5.
Subject: RE: Update on scheduling 3t case management matters

All-

From: Danks, Ryan
Sent: Monday, August 26, 2013 8:14 PM
To: Danks, Ryan; ?Rushkoff, Bennett 'Thomson, Jennifer 'Stavast-Piper, Kayna';

'Chris Hunt'; 'Donahue, James 'Kirk, Jennifer 'Le Mark';
'Bush, Nicholas (mark
'Weriz, Tracy 'VanWinkle, Kim?;
Cc: Tobey, Mark; Mitchell-Tombras, Katharine 5.
Subject: RE: Update on scheduling case management matters







61

 

From: Rushkorr, Bennett (DAG) [mm?

Sent: Monday, August 26, 2013 8:31 AM 
To: '1110mson, Jennifer Danks, Ryan; Stavast-Piper Ka na' Chris Hunt;
Donahue, James A. Kirk, Jennifer J. Levy, Mark;

62

Bush, Nicholas Wertz, Tracy VanWinkle, Kim; 

Cc: Tobey, Mark; Mitchell-Tombras, Katharine 5.
Subject: RE: Update on scheduling case management matters

If this will be a face-to?face meeting in D.C., D.C. can have one or two attorneys attend if that is
desired.

Bennett

March with the DC delegation and join the pre-March rally for DC rights at the August 24th 50th
Anniversary of the March on Washington. Check out marchondc50.dc.gov for full event details.

From: Thomson, Jennifer A. mailto:
Sent: Monday, August 26, 2013 8:29 AM
To: ?Danks, Ryan'; Stavast-Piper, Kayna; Rushkoff, Bennett OAG 
Donahue, James Kirk Jennifer Le Mark;
Bush, Nicholas Wertz, Tracy W. VanWinkIe, Kim' 
Cc: Tobey, Mark; Mitchell-Tombras, Katharine 5.

Subject: RE: Update on scheduling case management matters

   

Chris Hunt;

    
 

Ryan,'
We would like to join the call. Thank you.

Jennifer

From: Danks, Ryan 

Sent: Sunday, August 25, 2013 8'40 AM
To: Stavast-Piper, Kayne;
James Kirk, Jennifer Thomson, Jennifer Levy, Mark;

 
   
 

Chris Hunt; Donahue, 

   

Wertz, Tracy VanWinkle, Kim;

Cc: Tobey, Mark; Mitchell?Tombras, Katharine 5.
Subject: Update on scheduling case management matters

 

From: Baker, Charles 

   
 
 
   
 

Sent: Tuesda Au ust 27 2013 4:52 PM
To: James 
Charles Rule
Cc: Jindal, Gorav; Bradbury, Steven; EXT Daniel
Howley
Subject: Steven Bradbury Notice of Appearance
Attachments: 2013.08.27 - Dkt#35 - Notice of Appearance by Steven G. Bradbury on behalf of US
AIRWAYS GROUP INC.pdf
Categories: Purple Category, Blue Category
Dear counsel:

Attached please ?nd Steven Bradbury?s Notice of Appearance ?led today with the court
Best,
Charles J. Baker

Paralegal
Dechert



This e?mail is from Dechert LLP, a law ?rm, and may contain information that is con?dential or privileged. If
you are not the intended recipient, do not read, copy or distribute the e?mail or any attachments. Instead, please
notify the sender and delete the e?mail and any attaclnnents. Thank you.

65



From: Danks, Ryan
Sent: Tuesday, August 27, 2013 3:52 PM
To: Danks, an; Rushkoff, Bennett Thomson, Jennifer Stavast-Piper, Kayna;

 
  
 

hris Hunt; Donahue, James Kirk, Jennifer Levy,

Mark; Bush, Nicholas 

  
 

- Wertz, Tracy VanWinkle, Kim;
Cc: Tobey, Mark; Mitchell-Tombras, Katharine Hallagan, Patrick

 
 

Subject: RE: Update on scheduling 3t case management matters
Categories: Purple Category, Blue Category
All-

We?re going to push the call back to 4:30 so that the defendants have a chance to send us the writings we discussed this
morning.

 

From: Danks, Ryan

Sent: Tuesday, August 27, 2013 3:10 PM

To: Danks an: 'Rushkoff Bennett 'Thomson, Jennifer 'Stavast?Piper, Kayna';

?Chris Hunt'; 'Donahue, James 'Kirk, Jennifer ?Levy, Mark?;

'Bush, Nicholas ?Wertz,

  
  
 

 

 

Tracy 'VanWinkle, Kim';
Cc: Tobey, Mark; Mitchell-Tombras, Katharine S. Hallagan, Patrick
Subject: RE: Update on scheduling case management matters
All-

Those of you on ECF should see this?shortly; here are the papers we just filed.

Also, the call-in for 4pm is from OMM:

from within US.
Code: 

 

From: Danks, Ryan

Sent: Tuesday, August 27, 2013 2:11 PM

To: Danks, Ryan; 'Rushkoff, Bennett 'Thornson, Jennifer 'Stavast-Piper, Kayna';

'Chris Hunt?; 'Donahue, James 'Kirk, Jennifer 'Levy, Mark';

- - 'Bush, Nicholas 'Werlz,

 
 
     

Cc: Tobey, Mark; Mitchell-Tombras, Katharine 5.
Subject: RE: Update on scheduling case management matters

All?

66

 

From: Danks, Ryan

Sent: Monday, August 26, 2013 9:12 AM
To: 'Rushkoff, Bennett 'Thomson, Jennifer Stavast-Piper, Kayna;
Donahue, James A. Kirk, Jennifer J. Levy, Mark

Nicholas (onen? Wertz, Tracy VanWinkle, Kim;
Cc: Tobey, Mark; Mitchell-Tombras, Kat arine 5.

Subject: RE: Update on scheduling 8: case management matters

Chris Hunt;

     
 




thanks
Ryan.

 

From: Rushkoff, Bennett (OAG) mailto:

Sent: Monday, August 26, 2013 8:31 AM

To: 'Thomson, Jennifer Danks, Ryan; Stavast-Piper, Kayna;

James Kirk, Jennifer J. Levy, Mark;
Wertz, Tracy VanWink e, Kim;

Cc: Tobey, Mark; Mitche I-Tombras, Katharine 5.

Subject: RE: Update on scheduling 8: case management matters

 
 
     
    

Chris Hunt; Donahue, 
Bush, Nicholas 

if this will be a face-to-face meeting in D.C., 0.0 can have one or two attorneys attend if that is desired.

Bennett

March with the DC delegation and join the pre-March rally for DC rights at the August 24th 50th Anniversary
of the March on Washington. Check out marchondc50.dc.eov for full event details.

 

From: Thomson, Jennifer A. 

Sent: Monday, August 26, 2013 8:29 AM

To: 'Danks, Ryan'; Stavast?Piper, Kayna; Rushkoff, Bennett. DAG 
James Kirk, Jennifer Levy, Mark;
Tracy VanWinkle, Kim;
Cc: Tobey, Mark; Mitchell-Tombras, Katharine S.

Subject: RE: Update on scheduling case management matters

Chris Hunt; Donahue,
Bush, Nicholas

   
 

Ryan,
We would like to join the call. Thank you.

Jennifer

_h

From: Danks, Ryan

Sent: Tuesday, August 27, 2013 9:30 AM
To: Donahue, James A.

Subject: RE: signaturepage-08-27-13
Categories: Purple Category, Blue Category
Great, thanks.

 

From: Donahue, James A. [mailto
Sent: Tuesday, August 27, 2013 9:29 AM
To: Danks, Ryan

Subject: RE: slgnaturepage-OB-27-13

We is the states as a whole. Jim

 

From: Danks, Ryan [mailto

Sent: Tuesday, August 27, 2013 9:29 AM
To: Donahue, James A.

Subject: RE: signaturepage-08-27-13

Jim-
Just to be clear, is the ?we? there or the states as a whole?



 

From: Donahue, James A. 
Sent: Tuesday, August 27, 2013 9:13 A
To: Danks, Ryan; Thomsoni Jennifer A. 

Cc: Wertz, Tracy W. 1
Subject: RE: signaturepage-08-27-13

 

 

From: Danks, Ryan 't

Sent: Tuesday, August 27, 2013 8:54 AM
To: Thomson, Jennifer 

Cc: Donahue, James racy .
Subject: RE: signaturepage?OB-27?13

Thanks.

74

 

 

From: Thomson. Jennifer A. 

Sent: Tuesday, August 27, 2013 8:51 AM

To: Banks, Ryan: mast-Pi er Ka _Lew.- Mark

Cc: Dona ue, James Wertz, Tracy W.
Subject: FW: signaturepage?08?27-13

Ryan Kayna,
Attached is signature page. Please let me know if you want us to make any changes or send it in a different format.

Jennifer

 

From: Hilbish, Denise M.

Sent: Tuesday, August 27, 2013 8:49 AM
To: Thomson, Jennifer A.

Subject: signaturepage-08-27-13

The information transmitted is intended only for the person or entity to whom it is addressed and may contain
con?dential andfor privileged material. Any use of this information other than'by the intended recipient is
prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material
from any and all computers. Unintended transmissions shall not constitute waiver of any applicable attorney-
client or any other applicable privilege. PA-OAG 

75

From: Savage, Brian
Sent: Tuesday, August 27, 2013 9:20 AM
To: Donahue, I11, James 

 
 
 

Cc: EXT Daniel Howley; Denis, Paul; Bradbury,
Steven; Jindal, Gorav

Subject: United States, et al. v. US Airways Group Inc. et at, No. 13?01236 (CKK) Notice of
Appearance

Attachments: 2013-08-26 Paul Denis Notice of Appearancepdf

Categories: Purple Category, Blue Category

Dearcounsek

Attached please ?nd Paul Denis? notice of appearance, ?led yesterday with the court.

Best,

Brian Savage
chert LLP

    

 

+1 215 655 246 Fax


This e?mail is from Dechert LLP, a law ?rm, and may contain information that is con?dential or privileged. If

you are not the intended recipient, do not read, copy or distribute the e-mail or any attachments. Instead, please
notify the sender and delete the e-mail and any attachments. Thank you.

80



From: Danks, Ryan

Sent: Tuesday, August 27, 2013 9:14 AM

To: Donahue, 111, James Thomson, Jennifer KaynaStavast-
Cc: Wertz, Tracy W.

Subject: RE: signaturepage-08-27?13

Categories: Purple Category, Blue Category

Thanks.

 

From: Donahue, James A. [mailto
Sent: Tuesday, August 27, 2013 9:13 AM
To: Danks, Ryan; Thomson, Jennifer 

Cc: Wertz, Tracy W.
Subject: RE: signaturepage-08-27-13

 

 

From: Danks, Rya

Sent: Tuesday, August 27, 2013 8:54 AM
To: Thomson, Jennifer A

Cc: Donahue, James Weriz, Tracy .
Subject: RE: signaturepage-08-27-13

Thanks.

 

From: Thomson, Jennifer A. [mailm?

Sent: Tuesday, August 2013 8:51: AM

To: Danks, Ryan; Stavast-Piper, Ka na Levy, Mark

 
  

 

      

Cc: Donahue, ames Wertz, Tracy W.
Subject: FW: signaturepage?08-27-13

Ryan Kayna,
Attached is signature page. Please let me know if you want us to make any changes or send it in a different format.

Jennifer

81

 

From: Hilbish, Denise M.

Sent: Tuesday, August 27, 2013 8:49 AM
To: Thomson, Jennifer A.

Subject: signaturepage?08-27-13

The information transmitted is intended only for the person or entity to whom it is addressed and may contain
con?dential andfor privileged material. Any use of this information other than by the intended recipient is
prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material
?-om any and all computers. Unintended transmissions shall not constitute waiver of any applicable attorney-
client or any other applicable privilege. PA-OAG

82



   
 

 

 
 

From: Danks, Ryan 
Sent: Monday, August 26, 2013 10:45 AM
To: Donahue, 111, James homson, Jennifer 
Kirk, Jennifer 
Wertz, Tracy
Cc: Tobey, Mark; Mitchell-Tombras, Katharine S.
Subject: RE: Update on scheduling 8t case management matters
Categories: Purple Category, Blue Category

Our call-in for today:

Pass Code:?

Ton-freenumber?

 

From: Donahue, James A. [mailto
Sent: Monday, August 26, 2013 8:52 AM
To: Danks an-

 
 
  

  

 
  
 
 

Thomson, Jennifer 

 
 

Kirk, Jennifer 

 
 
   

Cc: Tobey, Mark; Mitchell-Tombras, Katharine 5.
Subject: RE: Update on scheduling 8: case management matters

Thanks. Jim

 

From: Danks, Ryan mailto:
Sent: Monda Au ust 26, 2013 8:37 AM
omson, Jennifer 

 
 
 

    

Donahue, James A. Kirk, Jennifer 

  
 
  

 
 

Werlz, Tracy W. 
Cc: Tobey, Mark; Mitchell-Tombras, Katharine 5.
Subject: Re: Update on scheduling case management matters

We are doing it over the phone. i will circulate a call-in later this am'.

 

From: Rushkoff, Bennett (DAG)

To: 'Thomson, Jennifer Danks, Ryan; Stavast-Pi er Ka na 
James A. Kirk Jennifer J. Levy, Mark 
(OAG) Werlz, TraCy W. VanWinkIe, Kim
Cc: Tobey, Mark; Mitchell-Tombras, Katharine S.

Chris Hunt Donahue,
Bush, Nicholas

  
  

85

Sent: Mon Aug 26 08:30:53 2013
Subject: RE: Update on scheduling 8: case management matters
If this will be a face?to-face meeting in D.C., D.C. can have one or two attorneys attend if that is desired.

Bennett

March with the DC delegation and join the pre-March rally for DC rights at the August 24th 50th Anniversary
of the March on Washington. Check out marchendc50.dc.gov for full event details.

 

From: Thomson, Jennifer A. [mailto

Sent: Monday, August 26, 2013 8:29 AM

To: 'Danks, Ryan'; Stavast-Piper, Kayne; Rushkoff Bennett OAG 
James Kirk Jennifer Levy, Mark;
Wertz, Tracy VanWinkle, Kim
Cc: Tobey, Mark; Mitchell-Tombras, Katharine S.

Subject: RE: Update on scheduling case management matters

Chris Hunt; Donahue,
Bush, Nicholas

 
   

Ryan,
We would like to join the call. Thank you.

Jennifer

From: Banks! Ryan 

Sent: Sunday, August 25, 2013 8:40 AM
To: Stavast-Piper, Kayna'

Kirk, Jennifer Thomson, Jennifer Le Mark
Tobey, Hark; Mitchell-Tombras, Katharine 5.

Subject: Update on scheduling case management matters

 

    
  

Chris Hunt; Donahue, James 

ertz, Tracy VanWin e, Kim

 

All-

 

86

From: Donahue, James A.

Sent: Friday, August 23, 2013 4:42 PM
To: 'Klovers, Amanda'

Subject: - RE: initial disclosures
Categories: Purple Category, Blue Category
Thanks. Jim

 

From: Klovers, Amanda [mailto_

Sent: Friday, August 23, 2013 4:37 PM

To: Levy, Mark; Stavast-Piper, K'ayna; Thomson, Jennifer Donahue, James A.
Cc: Fisher, Tracy

Subject: initial disclosures

Jennifer, Jim, Mark, and Kayna,
Welare still putting some ?nishing touches on our contacts list. We will send it to you next week.

If any discovery?related issues come up next week, please get in touch with Tracy Fisher (copied). I will be out of the
of?ce until September .

Thanks,
Amanda

Amanda Klovers

Attorney

U.S. Department of Justice
Antitrust Division

The information transmitted is intended only for the person or entity to whom it is addressed and may contain .
con?dential and/or privileged material. Any use of this information other than by the intended recipient is
prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material
from any and all computers. Unintended transmissions shall not constitute waiver of any applicable attorney-
client or any other applicable privilege. PA-OAG

83



From:
Sent
To:
Cc:

Subject:
Attachments:

Categories:

Danks, Ryan
Friday, August 23, 2013- 9:54 AM
Levy, Mark; Liz Brady

Chris Hunt; Donahue, James
Kirk, Jennifer Thomson, Jennifer Stavast-Piper, Kayne; VanWinkle, Kim;

ertz, Tracy


RE: common interest -- draft discovery
Doc 20 Scheduling Order.pdf

Purple Category, Blue Category

For those who haven?t seen it yet, here is the order that the courtjust entered setting the scheduling hearing for next
Friday.

 

 

90

 . 

From: I Danks, Ryan 

Sent: Thursday, August 22, 2013 6:40 PM

To: Liz Brady; Levy, Mark I

Cc: . Bennett Rushkoff; Charlene Aumiller; Christopher Hunt; Donahue, James Kirk,

JenniferJ.; Thomson, Jennifer St'ayast-Piper, Kayne; VanWinkle, Kim; Nancy Bonnell;
Nicholas Bush; SOAllen; Wertz, Tracy Vic Domen

Subject: RE: FW: United States v. US Airways Group, Inc., (D.D.C.): Draft Joint
Notice
Categories: Purple Category, Blue Category

The notice we submitted asked for Wed Fri next week, i believe one of those days is likely but of course it ultimately
depends on the Court?s preference.

Sent: Thursday, August 22, 2013 6:26 PM

To: Danks, Ryan; Levy, Mark .

Cc: Bennett Rushkoff; Charlene Aumiller; ChristopherHunt; jdonahue; Jeni Kirk; jthomson; Stavast?Piper, Kayna;
VanWinkle, Kim; Nancy Bonnell; Nicholas Bush; 'SOAllen; twertz; Vic Domen

Subject: Re: FW: United States v. US Airways Group, Inc., (D.D.C.): Draft Joint Notice

 

It looks to me like a scheduling conference on Monday is unlikely.
Sent from my Blackberry device.

 

 
 
  

From: "Danks, Ryan'T 
Sent: 08/232013 05:59 PM AST
To: "Levy, Mark"
Cc:

Liz Brady
Christo her Hunt;

   

  

"VanWinkle, Kim"

 

?Stavast:Piper,

  
 

Subject: FW: United States v. US Airways Group, Inc., (D.D.C.): Draft Joint Notice

Here is their motion. We are preparing a response that we will likely file either tomorrow or Monday.

 

From: Lew. Mark 

Sent: Thursday, August 22, 2013 4:35 PM
To: Liz Brady

 
   

 
 

Stavast-Pi er, Kayne; VanWinkle, Kim;

 

Danks, Ryan;
Subject: RE: FW: United States v. US Airways Group,

  

Inc., 1 
91

. Draft Joint Notice

Please circulate the motion, if you can.

Mark

 

From: Liz Brady [m 
Sent: Thursday, August 22, 2013 3:32 PM
To: Levy, Mark

   
 

Jeni Kirk;

  
     
 
  

Danks, Ryan;

Subject: RE: FW: United States v. US Airways Group, Inc., (D.D.C.): Draft Joint Notice

I see they have just ?led for a motion for Trial date of November 12 with accompanying 

. "Levy, Mar 04:01:48 that I?ve seen. From: Liz Brad)?

From: "Levy, Mar 

Jeni Kirk

 

Date: 08/22/2013 04:01 PM
Subject: RE: FW: United States v. US Airways Group, Inc., 13-cv-0123 6-CKK (D.D.C.): Draft Joint Notice

 

Not that I?ve seen.

From: Liz Brady 'to

Sent: Thursday, August 22, 2013 3:01 PM
To: Danks, Ryan
Cc:

 
 
 

 

Chris Hunt;
Stavast-Piper Ka na' VanWinkIe Kim' Le

Jeni Kirk;

  
   
 

Subject: RE: FW: United States v. US Airways Group, Inc., (D.D.C.): Draft Joint Notice
Has anything been ?led with the Court? I should be on the service list now and have not seen anything.

 "Danks, Ryan" 02:09:09 judge is out of chambers until Friday so we are not likely to hear before then as to
the date.

 
 

From: "Danks, an"
To: Liz Brady
Cc:

 
 
 

- Stavast-Pi er, Kayne" -

 
 
  
 
 
 



   

"Stavast-Piper,

   

minim ii an 

  

92

Date: 0801/2013 02:09 PM
Subject: RE: FW: United States v. US Airways Group, 1110., (D.D.C.): Draft Joint Notice

 

The judge is out of chambers until Friday so we are not likely to hear before then as to the date. We?ve
counter-counter proposed Wed Fri next week.

From: Liz Brady 
Sent: Wednesday, August 1, 2013 2:08

To: Stavast-Piper, Kayne

      

abject: Re: FW: Uni ed States v. US Airways Group, Inc., (D.D.C.): Draft Joint Notice
Has this been sent to the court yet? I am wondering how long it will take the Judge to pick a day.

 "Stavast-Piper, Kayne" "08/210013 1 1:07:04 Please see the following ?'om the parties.

   

From: "Stavast-Piper, Kayne"

    
  

"VanWinkle, ij'

 
 
   

Date: 082?212?2013 11:07 AM
Subject: FW: United States v. US Airways Group, Inc., l3-cv-01236-CKK (D.D.C.): Draft Joint Notice

 

All,
Please see the following from the parties.

Thankyou,
Kayna

From: John M. Majoras romp
Sent: Wednesday, August 21, 2 8:42 AM
To: Danks, Ryan

c: Rushkoff, Bennett Bruce McDonald; Donahue, James A. Stavast-Piper, Kayne;
Robson Katrina; Levy, Mar Bush, Nicholas Rosanna 
cCalips;

93



  
 

From: Danks, Ryan 

Sent: Thursday, August 22, 2013 6:10 PM

To: Levy, Mark; Liz Brad

Cc: - hhris Hunt; Donahue, James
Kirk, Jennifer Thomson, Jennifer Stavast-Piper, Kayne; VanWinkle, Kim;

Wertz, Tracy

Tobey, Mark I

Subject: RE: common interest -- draft discovery

Categories: Purple Category, Blue Category

ps-

for the call tomorrow 10 Eastern), we can use this line:

Pass Code: 

 

 

 

From: Rosanna McCaiips ?2

Sent: Thursday, August 22, 2013 4:46 PM

To: onahue,
James 

Subject: United States v. US. Airways arid AMR Corp., (D.D.C.): AMR
Corporation's Corporate Disclosure Statement

Attachments: 3.22.13 AMR Corporate Disclosure Statement Filedpdf

Categories: Purple Category, Blue Category

Attached please find AMR Corporation's Corporate Disclosure Statement ?led today in the above-captioned case.

 Rosanna K. McCalips - Associate
51 Louisiana Ave. NW,Washin ton DC. 20001 - Direct:
- Fax: 202.326.1700 - E-mail: 

This e-mail (including any attachments) may contain information that is private, con?dential, or protected by attorney?client
or other privilege. if you received this e-mail in error, please delete it from your system without copying it and notify
sender by reply e-maii, so that our records can be corrected.

 

Sent: Wednesday, August 21, 2013 3:26 PM
To: Tho mson, Jennifer A.

Cc: Donahue, Ii], James Cappello, Gary A.
Subject: RE: Case Logistics

Categories: Purple Category, Blue Categoryr

Hi Jennifer,

Tomorrow at 9:00 am works for us. Hopefully the call will only take 5 or 10 minutes. Please use this dial in:

Thanks,
Amanda

From: Thomson, Jennifer A. [mailm?

Sent: Wednesday, August 21, 2013 1:20 PM
To: Kloversr Amanda

Cc: Donahue, James A. Cappello, Gary A.
Subject: PW: Case Logistics

 

 

Amanda,

omorrow works better for me for a call. Why don?t we go with the earlier
time, 9?10. 

Jennifer

 

 

 

mo



From: Tobey, Mark

Sent: Wednesday. August 21, 2013 10:07 AM
To: Donahue, James A.

Subject: Re: Whereabouts

Categories: Purple Category, Blue Category
Thanks Jim.

 Original Message 

From: Donahue, 111, James A. 
To: Tobey, Mark

Sent: Wed Aug 21 09:36:04 2013

Subject: Re: Whereabouts

--

Sent from my BlackBerry Wireless Handheld

 Original Message 

From: Tobey, Mark [mailm?
Sent: Wednesday, August 2 2013 09:24 AM

To: Donahue, James A. 

Subject: Re: Whereabouts

Hey Jim. Ryan feels like we need to offer avail next week for Wed, Thurs and Fri. I have stressed to
him the importance to states of being at the first hearing but also suggested that telephonic
attendance should be asked for. I know you have a con?ict on Thursday. Could Jennifer attend in
person and represent PA on Thursday if the Court needs to go then?

 Original Message 

From: Donahue. James A. 
To: Tobey, Mark

Sent: Tue Aug 20 17:08:54 2013

Subject: RE: Whereabouts

0k. Thanks. Jim



From: Tobey, Mark [mailm?

Sent: Tuesday, Au st 20, 2013 3:44 PM

Toshnonahue. 111. James 

SubJect: Whereabouts

I am in Dallas the rest of the week taking care of some famil business but I am keeping up with e?
mail and voicemail. Call my cell if you need In

The information transmitted is intended only for the person or entity to whom it is addressed and
may contain confidential and/or privileged material. Any use of this information other than by the
intended recipient is prohibited. If you receive this message in error, please send a reply e?mail to

103

the sender and delete the material from any and all computers. Unintended transmissions shall not
constitute waiver of any applicable attorney?client or any other applicable privilege. 

104

From: Danks, Ryan 
Sent: Tuesday, August2 ,2013 :45 PM 

To: Rushkoif, Bennett Stavast?Piper, Kayne; Bush, Nicholas Donahue, 
James Levy, Mark

Cc: Tobey, Mark

Subject: - RE: United States v. US Airways Group, Inc, (D.D.C.): Draft Joint Notice

Categories: Purple Category, Blue Category

thanks

 

From: Rushkoff, Bennett (OAG) [mailtp

Sent: Tuesday, August 20, 2013 2:44 

To: 'Stavast-Piper, Kayna'; Danks, Ryan Bush, Nicholas Donahue, James Levy, Mark
Cc: Tobey, Mark

Subject: RE: United States v. US Airways Group, Inc., (D.D.C.): Draft Joint Notice
Yes, Nick and are available all next week.

Bennett

Bennett Rushkoff

Chief, Public Advocacy Section
Office of the Attorney General for the District of Columbia

 

March with the DC delegation and join the pre?March rally for DC rights at the August 24th 50th Anniversary
of the March on Washington. Check out marchondc50.dc.gov for full event details.

From: Stavast-Piper, Kayna 

Sent: Tuesday, AuguSt 20, 2013 2:

To: Danks, Ryan; Rushkoff, Bennett Bush, Nicholas Donahue, James A. Levy, Mark
Cc: Tobey, Mark

Subject: RE: United States v. US Airways Group, Inc., (D.D.C.): Draft Joint Notice

 

i believe someone from DC at least could attend those days DC, could y?all confirm?

From: Danks, Ryan 

Sent: Tuesday, August 20, 2 13 1:22 PM

To: Danks, Ryan; Stavast?Piper, Kayna; Rushkoff, Bennett Bush, Nicholas Donahue, James Levy,
Mark

Cc: Tobey, Mark -

Subject: RE: United States v. US Airways Group, Inc., (D.D.C.): Draft Joint Notice

 

I?ve confirmed that we (D01) aren?t available Tuesday but can be available any other day that weekprefer Wed or Fri but were available on Thursday or Monday, could someone from the states be available?
105

 

From: Danks, Ryan

Sent: Tuesday, August 20, 2013 1:5? PM

To: 'Stavast-Piper, Kayna'; Rushkoff, Bennett Bush, Nicholas Donahue, James A. Levy, Mark .
Cc: Tobey, Mark -

Subject: FW: United States v. US Airways Group, (D.D.C.): Draft Joint Notice

All?

fyi

From: Rosanna McCalips 
Sent: Tuesday, August 20, 2013 1:
To: Danks, Ryan

Cc: John M- Majoras: Bruce 

Robson, Katrina;
Subject: United as v. 5 Group, Inc., Draft Joint Notice

 

Ryan,

E!s you will see, Defendants can be available virtually anytime next week to appear for the conference. Hopefully
can be similarly ?exible.

Please let me know DOJ's availability and whether you have any edits to the notice. and hopefully we can get it on ?le
later today.

Best,
Rosanna

- Rosanna K. McCalips - Associate
51 Louisiana Ave. NW, Washington, D.C. 20001 - Direct
- Fax: 202.626.1?00 - E-mall:

This e?mail (including any attachments) may contain information that is private, con?dential, or protected by attorney-client
or other privilege. if you received this e-mail in error, please delete it from your system without copying it and notify
sender by reply e-mail, so that our records can be corrected.



 

106

From: Donahue, James A.

Sent: Tuesday, August 20, 2013 2:40 PM

To: 'Danks, Ryan'; Stavast?Piper, Kayne; Rushkoff, Bennett Bush, Nicholas 
Levy, Mark

Cc: Tobey, Mark

Subject: RE: United States v. US Airways Group, Inc., (D.D.C.): Draft Joint Notice

Categories: Purple Category, Blue Category

i can be available Monday or Friday. Thursday is now out for me completely. Jim

From: Danks, Ryan [mailto_

Sent: Tuesday, August 20, 2 13 2:22 PM

To: Danks, Ryan; Stavast?Piper, Kayna; Rushkoff, Bennett Bush, Nicholas Donahue, James Levy,
Mark .

Cc: Tobey, Mark
Subject: RE: United States v. US Airways Group, Inc., (D.D.C.): Draft Joint Notice

 

We confirmed that we (D01) aren?t available Tuesday but can be available any other day that weekprefer Wed or Fri but were available on Thursday or Monday, could someone from the states be available?

 

From: Danks, Ryan

Sent: Tuesday, August 20, 2013 1:57 PM 

To: 'Stavast-Piper, Kayna'; Rushkoff, Bennett Bush, Nicholas Donahue, James Levy, Mark
Cc: Tobey, Mark .

Subject: FW: United States v. US Airways Group, Inc., (D.D.C.): Draft Joint Notice

All-

fyi

From: Rosanna McCalips 
Sent: Tuesday, August 20, 2013 1:
- To: Danks, Ryan

Cc=10hn M- Majorasi Bruce 

Robson, Katrina;
Subject: United tates v. US Airways Group, Inc., (D.D.C.): Draft Joint Notice

 

Ryan,

will see, De'endants can be available virtually any time next week to appear for the conference. Hopeiully.
can be similarly ?exible. .

Please let me know DOJ's availability and whether you have any edits to the notice, and hopefully we can get it on ?le
later today.

Best,
Rosan na

108

 Rosanna K. McCalips Associate
51 Louisiana Ave- NW,Washin ton DC. 20001 Direct:
- Fax: 202.626.1700 E-mail:



This e-mail (including any attachments) may contain information that is private, con?dential. or protected by attorney-client
or other privilege. If you received this e-mail in error, please delete it from your system without copying it and notify
sender by reply e-mail, so that our records can be corrected.

 

The information transmitted is intended only for the person or entity to whom it is addressed and may contain
con?dential andfor privileged material. Any use of this information other than by the intended recipient is
prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material
from any and all computers. Unintended transmissions shall not constitute waiver of any applicable attorney-
client or any other applicable privilege. PA-OAG

109



From: Fisher, Tracy
Sent: Tuesday, August 20, 2013 2:18 PM
To: . Thomson, Jennifer Klovers, Amanda
Cc:
Donahue, 111, James A.
Subject: RE: Case Logistics
Categories: Purple Category, Blue Category

Great, thanks for checking. I?ll keep keeping my ?ngers crossed that all the technology goes smoothly, but I
think we?re de?nitely on the right track.

Thanks, Tracy

From: Thomson, Jennifer A. [mailm?

Sent: Tuesday, August 20, 2013 1:48 PM 
To: Klovers, Amanda; Fisher Tra
Cc: Stavast-Piper, Kayne

 

 
  
 

 
 

Levy, Mark

 

Donahue, James A.

 
 

Ject: Case Logistics

Tracy,



Jennifer A. Thomson-

Deputy Attorney General
Commonwealth of 
Of?ce of Attorney General
Antitrust Section

Strawberry Square

 

The information transmitted is intended only for the person or entity to whom it is addressed and may contain
con?dential andlor privileged material. Any use of this information other than by the intended recipient is
prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material
from any and all computers. Unintended transmissions shall not constitute waiver of any applicable attorney-
client or any other applicable privilege. PA-OAG -

110



From: Danks, Ryan

Sent: I Monday, August 19, 2013 5:35 PM

To: Stavast?Piper, Kayna

Cc: Tobey, Mark; Levy, Mark; Donahue, 111, James Thomson, Jennifer A.
Subject: RE: Availability for 8X26 week hearing

Categories: Purple Category, Blue Category

Thanks. Are there any backup days that would work for a critical mass?

From: Stavast-Piper, Kayna [mailto:
Sent: Monday, August 19, 2013 3:33 PM
To: Danks, Ryan

Cc: Tobey, Mark; Lew. Mark:?

Subject: Availability for 8f26 week hearing
Hi Ryan,

Just wanted to let you know that I?ve spoken with the other states, and it looks like we could get the most people there
on Wednesday, August 

Thankyou,
Kayna

Kayna Stavast?Piper
Assistant Attorney General
Consumer Protection Division, Antitrust Section

Of?ce of the xas Attorney General
#(phone)
512) 320?0975 (fax)

CONFIDENTIALITY NOTICE: This communication, including any attachments
thereto, is intended only for the use of the individual or entity to which

it is addressed and contains information that is privileged, con?dential,

and exempt from disclosure under applicable law. If you are not the
intended recipient, you are hereby noti?ed that you have received this
document in error and that any review, dissemination, distribution, or
copying of the message and attachments thereto, is strictly prohibited.

112

 
Sent: Friday, August 6, 2013 4:33 PM

 

To:  Rushkoff, Bennett Stavast-Piper, Kayna; Bush, Nicholas Donahue, 
James Levy, Mark

Cc: Tobey, Mark; Klovers, Amanda; Fisher, Tracy

Subject: FW: US Airwa AA - Trial date

Attachments:

Categories: Purple Category, Blue Category

All-

FYI. Also, Bruce McDonald (Jones Day] and I spoke to the judge?s chambers briefly about procedure for setting up a
status conference. The judge is unavailable next week and so we will submit a notice early in the week asking for a
conference at certain times. If you could please let me know availabilities for the week of 8/26 that would be great.

I understand you have a call scheduled with Amanda next wee

thanks
Ryan

 

 

 

From: Danks, Ryan 
Sent: Friday, August 16, 20 1:

To: O'Rourke, Kenneth 
Co: Ryan, Mark Robson, a

Subject: RE: US Airways AA - Trial date

Thanks Ken. Safe travels.

From: O'Rourke, Kenneth R. blimp
Sent: Friday, August 16, 2013 12:28

113

 

To: Danks, Ryan; 
Cc: Ryan, Mark Ro son, a one

Subject: RE: US Airways AA - Trial date

Thanks Ryan, we Will take a look.



I will be on a plane this afternoon. We will circle back to you with dates and other comments, etc. as soon as we can.

Regards,
Ken

 

From: Danks, Ryan [mailt

Sent: Friday, August 16, 2013 9:05 AM
To: O'Rourke, Kenneth

Cc: Ryan, Mark W.

Subject: RE: US Airways! AA - Trial date

Ken and John-

Sorry to not get back to you before now. I?ve checked internally and with the states, and we are available Wednesday
afternoon or next Friday for a conference with the judge, if the court?s schedule permits.

 

Please let me know if you have any questions.

best
Ryan

 

From: O'Rourke, Kenneth R. mailt 
Sent: Thursday, August 15, 2013 11:05 AM

To: Danks, Ryan; Ryan, Mark BOP)
Cc: John M. Majoras
Subject: US Airways AA - Trial date

Mark 8: Ryan, we?d like to talk further about the trial date. Is there a time that works for you before 4:30pm?

Thanks, Ken

Kenneth R. O'Rourke
O'Melveny Myers LLP
400 South Hope Street, 13th Floor

114

Los Angeles, California 90071-2899

115

 whamm?

Sent: Thursday, August 15, 2013 1:57 PM
To: Donahue, HI, James A.

Subject: RE: Well, that was easy to find
Categories: Purple Category, Blue Category

Very interesting.

 

From: Donahue, James A. [mailto
Sent: Thursday, August 15, 2013 12:3 
To: Tobey, Mark

Subject: FW: Well, that was easy to ?nd

Cir?Jim

From: Thomson, Jennifer A.

Sent: Thursday, August 15, 2013 12:34 PM
To: Donahue, James A.

Subject: Well, that was easy to ?nd

 

Very ?rst hit on Yahoo:

skift.com! 2012/ 12! 12/ brea king-delta-ceo-exoects-a merica n-us-airways-merge r-to-ta ke-olace-sho rtlv-a nd 

supports-?g 

Jennifer A. Thomson

Deputy Attorney General
Commonwealth of 
Of?ce of Attorney General
Antitrust Section

Strawberry Square

Harrisburg, PA 17120

-190

The information transmitted is intended only for the person or entity to whom it is addressed and may contain
con?dential and/or privileged material. Any use of this information other than by the intended recipient is
prohibited. If you receive this message in error, please send a reply e?mail to the sender and delete the material
from any and all computers. Unintended transmissions shall not constitute waiver of any applicable attorney-
client or any other applicable privilege. 

116

From: Tobey, Mark 

Sent: Tuesday, August 13, 2013 5:19 PM 

To: Stavast-Piper, Kayne; Donahue, 111, James Thomson, Jennifer Rushkoff, Bennett
(DAG)

Subject: Assigned Judge

Categories: Purple Category, Blue Category

Judge is Colleen Kollar-Kotelly.

Mark Tobey

Special Counsel for State Relations and Agriculture
U.S. Department of Justice

Antitrust Division

Rm 11638 - LSB

118



From: Tobey, Mark

Sent: Tuesday, August 13,2013 5:18 PM

To: Donahue, I11, James A.

Subject: RE: Meeting with US Air Litigation Counsel Tomorrow
Categories: Purple Category, Blue Category

Judge is Colleen Kollar?Kotelly.

From: Donahue, James A. [mailtop
Sent: Tuesday, August 13, 2013 4:13

To: Tobey, Mark -

Subject: Re: Meeting with US Air Litigation Counsel Tomorrow

 

I have met him at an ABA thing. So dechert, paul hastings and Rick Rule are gone. Jim

Sent from my BlackBerry Wireless Handheld

 

From: Tobey, Mark [mail 0.

Sent: Tuesday, August 13, 2013 03:55 PM

To: Donahue, James A.

Subject: RE: Meeting with US Air Litigation Counsel Tomorrow

You were right. American has John Majoras from Jones, Day, Debbie?s husband. I don?t know him. Do you?
From: Donahue, James A. [Blimp
Sent: Tuesday, August 13, 2013 3:53

To: Tobey, Mark
Subject: Re: Meeting with US Air Litigation Counsel Tomorrow

 

I told you he wasn't here to play around. Jim

Sent from my BlackBerry Wireless Handheld

From: Tobey. Mark 

Sent: Tuesday, August 13, 2013035 -

To: Stavast-Piper, Kayna Donahue, James A. Thomson, Jennifer
A. - 
Cc: Danks, Ryan

Subject: Meeting with US Air Litigation Counsel Tomorrow

 

Ryan, copied here, wanted me to let you know on behalf ofthe plaintiff states that Rich Parker, US Air?s trial counsel, is
coming in here to meet at 10 Eastern tomorrow. We will circulate a call-in number. Will you let the other states
know? mt

Mark Tobey
Special Counsel for State Relations and Agriculture

119

U.S. Department of Justice
Antitrust Division
Rm 11638 - LSB

The information transmitted is intended only for the person or entity to whom it is addressed and may contain
con?dential andfor privileged material. Any use of this information other than by the intended recipient is
prohibited. If you receive this meSsage in error, please send a reply e-mail to the sender and delete the material
?'om any and all computers. Unintended transmissions shall not constitute waiver of any applicable attorney-
client or any other applicable privilege. 

120



From: Tobey, Mark

Sent: Tuesday, August 13, 2013 5:02 PM

To: Stavast-Piper, Kayne; Donahue, James Thomson, Jennifer A.
Subject: FW: call-in for tomorrow

Categories: Purple Category, Blue Category

For the conference with Richard Parker, U5 Air's trial counsel, tomorrow morning at 10 Eastern.

 

From: Danks, Ryan

Sent: Tuesday, August 13, 2013 4:56 PM
To: Tobey, Mark

Subject: FW: call-in for tomorrow

 

From: Dyer, Courtney [m_ailto_
Sent: Tuesday, August 13, 201 4:52 PM
To: Danks, Ryan; Parker, Richard

Cc: Ryan, Mark W.
Subject: RE: call-in for tomorrow

Ryan,

Please use the following number, which we have already circulated to some on our side:

Courtney

 

From: Danks, Ryan [mailto

Sent: Tuesday, August 13, 2013 4:48 PM
To: Parker, Richard; Dyer, Courtney

Cc: Ryan, Mark W.

Subject: RE: call-in for tomorrow

We may have multiple attendees. I can arrange a conference number.
From: Parker, Richard 

Sent: Tuesday, August 13, 20 

To: Danks, Ryan; Dyer, Courtney

Cc: Ryan, Mark W.
Subject: RE: call-in for tomorrow

 

Courtney, circulate the number. Thank you

From: Banks, Ryan [?le-UP
Sent: Tuesday, August 13, 2 13 3:45 PM

 

 
 

121

To: Parker, Richard
Cc: Ryan,r Mark W.
Subject: call-in for tomorrow

Rich-
Can I get a call-in number for the conference room tomorrow so that a representative from the states can join?

best,
Ryan

[:15 so you have it, my office number is-

122



From: Tobey, Mark

Sent: Tuesday, August 13, 2013 4:53 PM

To: Stavast?Piper, Kayne; Prud'Homme, Tommy; VanWinkIe, Kim; Levy, Mark; Thomson,
Jennifer Donahue, 111, James A.

Subject: Here is the airline complaint "as filed"

Attachments: Filed Complaint -- TX.PDF

Categories: Purple Category, Blue Category

It?s ?xed. Sorry. Please substitute this one for the one we circulated this morning. mt

Mark Tobey

Special Counsel for State Relations and Agriculture
U.S. Department of Justice 

Antitrust Division

Rm 11638 - LSB

123

From: Tobey, Mark 

Sent: Tuesday, August 13, 2013 3:51 PM

To: Stavast?Piper, Kayna; Donahue, HI, James Thomson, Jennifer A.
Cc: Danks,Ryan 
Subject: Meeting with US Air Litigation Counsel Tomorrow

Categories: Purple Category, Blue Category

Ryan, copied here, wanted me to let you know on behalf of the plaintiff states that Rich Parker, US Air?s trial counsel, is
coming in here to meet at 10 Eastern tomorrow. We will circulate a call-in number. Will you let the other states -
know? mt

Mark Tobey

Special Counsel for State Relations and Agriculture
U.S. Department of Justice

Antitrust Division

Rm 11638 - LSB

124



From: Tobey, Mark

Sent: Tuesday, August 13, 2013 2:22 PM

To: Bonnell, Nancy; Stavast-Piper, Kayna; Liz Brady; Donahue, James Allen, Sarah 
Rushkoff, Bennett OAG :Vic Domen; Levy, Mark; VanWinlde, Kim; Thomson, Jennifer 
Hull, Matthew Rh

Subject: FW: greetings

Categories: Purple Category, Blue Category

For the record, Bill sent this to your respective AGs this morning. Thanks to all of you for getting this done well (and
discreetly.) mt I

 

From: Beer, Bill
Sent: Tuesday, August 13, 2013 9:58 AM
To

     
   

Subject: greetings
Dear Co-plaintiffs,

I wanted to ?rst let you know that I have just called the legal reps for American and for US Airways to let them know that
the Attorneys General of Arizona, D.C., Florida, Tennessee, Texas and Virginia, together with the
Department oflustice, are this morning ?ling suit to enjoin their merger. Second, I want to thank you and your talented
antitrust teams for working through these issues with us. This is the right thing to do for the citizens of your respective
jurisdictions, and the right thing for US. consumers all across the country.

We look forward to working with you going forward.

With warm regards and much appreciation,

BHlBaer

125



From: Tobeyr Mark

Sent: Tuesday, August 13, 2013 2:07 PM
To: Donahue, James A.

Cc: Thowmomlenn?erA.

Subject: PA Press Release

Categories: Purple Category, Blue Categon

Good stuffl And also good that you got a shoutout Jim.

Mark Tobey

Special Counsel for State Relations and Agriculture
U.5. Department of Justice

Antitrust Division

Rm 11333 LSB

126



From: Donahue, 111, James A.

Sent: Tuesday, August 13, 2013 11:38 AM
To:

Cc: homson, Jenni er .

Subject: complaints

Categories: Purple Category, Blue Category

Doyou have the cites by bates number for the materials cited in the complaint. Jim

James A. Donahue, Ill
Executive Deputy Attorney General
Public Protection Division
Office of Attorney General
14th Floor
Strawberry Square
Harrisburg, PA 17120
717-787-4530
irect
71?-787?119 Fax

The information transmitted is intended only for the person or entity to whom it is addressed and may contain
con?dential and/or privileged material. Any use of this information other than by the intended recipient is prohibited. If
you receive this message in error, please send a reply e-mail to the sender and delete the material from any and all 
computers. Unintended transmissions shall not constitute waiver of any applicable attorney-client or any other
applicable privilege. PA-OAG

128

From: McSweeny, Terrell 
3; 2013 10:46 AM

Sent: Tuesday, August 1

To: Thomson, Jennifer A.

Cc: Donahue, 111, James A. 

Subject: RE: JUSTICE DEPARTMENT FILES ANTITRUST LAWSUIT CHALLENGING PROPOSED

MERGER BETWEEN US AIRWAYS AND AMERICAN AIRLINES

Categories: Purple Category, Blue Category

Thank you! If you put out any statements, I?d love to get them.

From: Thomson, Jennifer A. [mailm?
Sent: Tuesday, August 13, 2013 10: 3 AM

To: McSweeny, Terrell

Cc: Donahue, James A. 

Subject: RE: JUSTICE DEPARTMENT FILES LAWSUIT CHALLENGING PROPOSED MERGER BETWEEN US
AIRWAYS AND AMERICAN AIRLINES

 

Terrell,
have circulated this. Let me know if i can be ofany help.

Jennifer

From: McSwee-ny. Terrell 
Sent: Tuesday, August 13, 2013 1 :38 AM

To: Thomson, Jennifer A.

Cc: Tobey, Mark

Subject: FW: JUSTICE DEPARTMENT FILES AN [1 RUST LAWSUIT CHALLENGING PROPOSED MERGER BEFWEEN US
AIRWAYS AND AMERICAN AIRLINES

 

 

Jennifer:

I am sending this on behalf of Mark Tobey. We are plagued with email problems this morning. This just went out. Can
you let your colleagues in the other states know?

Thank you,

. Terrell

129

 

From: of Public Affairs (5M0)

Sent: Tuesday, August 13, 2013 10:32 AM

To: of Public Affairs (5M0)

Subject: JUSTICE DEPARTMENT FILES ANTITRUST LAWSUIT CHALLENGING PROPOSED MERGER BETWEEN US
AIRWAYS AND AMERICAN AIRLINES 

Note: The complaint and slides are attached in format.

'Bepartment of Sure?re

 

 

FOR IMMEDIATE RELEASE AT
TUESDAY, AUGUST 13, 2013 (202) 514-2007
TTY (866) 544-5309

 

JUSTICE DEPARTMENT FILES ANTITRUST LAWSUIT CHALLENGING
PROPOSED MERGER BETWEEN US AIRWAYS AND AMERICAN AIRLINES

Merger Would Result in US. Consumers Paying Higher Airfares and Receiving Less Service;
Lawsuit Seeks to Maintain Competition in the Airiine Industry

WASHINGTON The Department of Justice, six state attorneys general and the District of Columbia
?led a civil antitrust lawsuit today challenging the preposed $11 billion merger between US Airways Group
Inc. and American Airlines? parent corporation, AMR Corp. The department said that the merger, which would
result in the creation of the world?s largest airline, would substantially lessen competition for commercial air
travel in local markets throughout the United States and result in passengers paying higher airfares and
receiving less service.

The Department of Justice?s Antitrust Division, along with the attorneys general, ?led a lawsuit in the
US. District Court for the District of Columbia, which seeks to prevent the companies from merging and to
preserve the existing head-to-head competition between the ?rms that the transaction would eliminate. The
participating attorneys general are: Texas, where American Airlines is headquartered; Arizona, where US
Airways is headquartered; Florida; the District of Columbia; Tennessee; and Virginia.

?Airline travel is vital to millions of American consumers who ?y regularly for either business or
pleasure,? said Attorney General Eric Holder. ?By challenging this merger, the Department of Justice is saying
that the American people deserve better. This transaction would result in consumers paying the price in
higher airfares, higher fees and fewer choices. Today?s action proves our determination to ?ght for the best
interests of consumers by ensuring robust competition in the marketplace.?

Last year, business and leisure airline travelers spent more than $70 billion on airfare for travel
throughout the United States. In recent years, major airlines have, in tandem, raised fares, imposed new and
higher fees and reduced service, the department said.

?The department sued to block this merger because it would eliminate competition between US Airways
and American and put consumers at risk of higher prices and reduced service,? said Bill Baer, Assistant
Attorney General in charge of the Department of Justice?s Antitrust Division. ?If this merger goes forward, even
a small increase in the price of airline tickets, checked bags or ?ight change fees would result in hundreds of

I 130

millions of dollars of harm to American consumers. Both airlines have stated they can succeed on a standalone
basis and consumers deserve the bene?t of that continuing competitive dynamic.?

American and US Airways compete directly on more than a thousand routes where one or both offer
connecting service, representing tens of billions of dollars in annual revenues. They engage in head-to-head
competition with nonstop service on routes worth about $2 billion in annual route-wide revenues. Eliminating
this head-to-head competition would give the merged airline the incentive and ability to raise airfares, the
department said in its complaint.

According to the department?s complaint, the vast majority of domestic airline routes are already highly
concentrated. The merger would create the largest airline in the world and result in four airlines controlling
more than 80 percent of the United States commercial air travel market.

The merger would also entrench the merged airline as the dominant carrier at Washington Reagan
National Airport, with control of 69 percent of the take-off and landing slots. The merged airline would have a
monopoly on 63 percent of the nonstOp routes served out of Reagan National airport. As a result, Washington,
DC, area passengers would likely see higher prices and fewer choices if the merger is allowed, the department
said in its complaint. Blocking the merger will preserve current competition and service, including ?ights that
US Airways currently offers from Washington?s Reagan National Airport.

The complaint also describes how, in recent years, the major airlines have succeeded in raising prices,
imposing new fees and reducing service. The complaint quotes several public statements by senior US Airways
executives directly attributing this trend to a reduction in the number of competitors in the US market:

I President Scott Kirby said, ?Three success?il fare increases [we are] able to pass along to customers
because of consolidation.?

I At an industry conference in 2012, Kirby said, ?Consolidation has also. . .allowed the industry to do
things like ancillary revenues. . .. That is a structural permanent change to the industry and one that?s
impossible to overstate the bene?t from it.? I

0 As US Airways CEO Parker stated in February 2013, combining US Airways and American would be
?the last major piece needed to fully rationalize the industry.?

0 A US Airways document said that capacity reductions have ?enabled? fare increases.

?The merger of these two important competitors will just make things worse ?exacerbating current
airline industry trends toward reduced service, increasing fares and increasing passenger fees,? added Baer.

As the complaint describes, absent the merger, US Airways and American will continue to provide
important competitive constraints on each other and on other airlines. Today, US Airways competes vigorously
for price-conscious travelers by offering discounts of up to 40 percent for connecting ?ights on other airlines?
nonstop routes under its Advantage Fares program. The other legacy airlines American, Delta and United 
routinely match the nonstop fares where they offer connecting service in order to avoid inciting costly fare
wars. The Advantage Fares strategy has been successful for US Airways because its network is different from
the networks of the larger carriers. If the proposed merger is completed, the combined airline?s network will
look more like the existing American, Delta and United networks, and as a result, the Advantage Fares program
will likely be eliminated, resulting in higher prices and less services for consumers. An intemal analysis at
American in October 2012, concluded, ?The [Advantage Fares] program would have to be eliminated in a
merger with American, as American?s large, nonstop markets would now be susceptible to reactionary pricing
from Delta and United.? And, another American executive said that same month, ?The industry will force
alignment to a single approach?one that aligns with the large legacy carriers as it is revenue maximizing.? By
ending the Advantage Fares program, the merger would eliminate lower fares for millions of consumers, the
department said.

131

The complaint also alleges that the merger is likely to result in higher ancillary fees, such as fees
charged for checked bags and ?ight changes. In recent years, the airlines have introduced fees for those
services, which were previously included in the price of a ticket. These fees have become huge pro?t centers for
the airlines. In 2012, domestic airlines generated more than $6 billion in fees from checked bags and ?ight
changes alone. The legacy carriers often match each other when one introduces or increases a fee, and if others
do not match the initiating carrier tends to withdraw the change. By reducing the number of airlines, the merger
will likely make it easier for the remaining carriers to coordinate fee increases, resulting in higher fees for
consumers.

The department also said that the merger will make coordination easier among the legacy
carriers. Although low-cost carriers such as Southwest and etBlue offer consumers many bene?ts, they ?y to
fewer locations and'are unlikely to be able to constrain the coordinated behavior among those carriers.

American Airlines is currently operating in bankruptcy. Absent the merger, American is likely to exit
bankruptcy as a vigorous competitor, with strong incentives to grow to better compete with Delta and United,
the department said. American recently made the largest aircraft order in industry history, and its post-
bankruptcy standalone plan called for increasing both the number of ?ights and the number of destinations
served by those ?ights at each of its hubs.

The department?s complaint describes US Airways executives? fear of American?s standalone growth
plan as ?industry destabilizing.? The complaint states that US Airways worries that American?s growth plan
would cause ?others? to react ?with their own enhanced growth plans.. and that the resulting effect would
increase competitive pressures throughout the industry. The department said the merger will allow US
Airways? management to abandon these aggressive growth plans and continue the industry?s current trend
toward higher prices and less service.

The departrnent?s complaint states that executives of both airlines have repeatedly said that they do not
need the merger to succeed. The complaint states that US Airways? CEO observed in December 2011, that
?A[merican] is not going away, they will be stronger post-bankruptcy because they will have less debt and
reduced labor costs.? US Airways? executive vice president wrote in July 2012, that, ?There is no question
about ability to survive on a standalone basis.? And, as recently as January 2013, American?s
management presented plans that would increase the destinations it serves in the United States and the
frequency of its ?ights, and would position American to compete independently as a pro?table airline with
aggressive plans for growth.

AMR is a Delaware corporation with its principal place of business in Fort Worth, Texas. AMR is the
parent company of American Airlines. Last year American ?ew more than 80 million passengers to more than
250 destinations worldwide and took in more than $24 billion in revenue. In November 2011, American ?led
for bankruptcy reorganization.

US Airways is a Delaware corporation with its principal place of business in Tempe, Ariz. Last year US
Airways ?ew more than 50 million passengers to more than 200 destinations worldwide and took in more than
$13 billion in revenue. 



13-909

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132

The information transmitted is intended only for the person or entity to whom it is addressed and may contain
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133

From: Tobey, Mark 
Sent: Tuesday, August 13, 2013 9:19 A

To: Stavast-Piper, Kayne; Liz Brady; Levy,yMark

Cc: Rushkoff, Bennett Donahue, James VanWinkle, Kim; Bonnell, Nancy; Allen,
Sarah Vic Domen

Subject: RE: AG's E-mail Addresses

Categories: Purple Category, Blue Category

Kayne has the list. Nothing has changed.

From: Stavast-Piper, Kayne [mento?

Sent: Tuesday, August 13, 2013 9:11 AM

To: Liz Brady; Levy, Mark

Cc: Rushkoff, Bennett Donahue, James VanWinkle, Kim; Tobey, Mark; Bonnell, Nancy; Allen, Sarah Vic

Domen
Subject: RE: AG's E-mail Addresses

 

Hi Liz,
Unless something has changed since last night, the ?nal list of states is:
Arizona, DC, Florida, Tennessee, Texas, and Virginia.

Thankyou,
Kayne

Kayne Stavast-Piper

Assistant Attorney General

Consumer Protection Division, Antitrust Section
Of?ce of the Texas Attorney General

 

NOTICE: This communication, including any attachments
thereto, is intended only for the use of the individual or entity to which

it is addressed and contains information that is privileged, con?dential,

and exempt from disclosure under applicable law. If you are not the
intended recipient, you are hereby noti?ed that you have received this
document in error and that any review, dissemination, distribution, or
copying of the message and attachments thereto, is strictly prohibited.

 

From: Liz Brady [Mom

Sent: Tuesday, August 13, 013 :08

To: Levy, Mark 

Cc: Rushkoff, Bennett Donahue, James Stavest-Piper, Kayne; VenWinkle, Kim; Tobey, Mark; Bonnell,

135

Nancy; Allen, Sarah Vic Domen

Subject: RE: AG's E-mail Addresses

Do we have a ?nal list of states joining the complaint?

 "Levy, Mark" 13/2013 09:03:11 AM--?Mark, Did we got this to you, or did Tom Kelley give you Abbott's contact info?

From: "Levy, Mark"
To: "Tobey, Mar 

 
 

"VanWinklo, Kim" 
Vic Domen

 
    
 
 

  
  

 

"Allen, Sarah 9
Date: 08/13/2013 09:03
Subject: RE: E-mail Addresses-

"Bonnell,'Nancy"

 
 

 

Mark,

Did we get this to you, or did Tom Kelley give you Abbott's contact info?

Mark

Sent: Monday, August 12, 2013 5: PM

To: Donahue, James VanWinkle, Kim; Stavast-Piper, Kayne; Vic Domen; Liz Brady;

Rushkoff, Bennett Levy, Mark; Allen, Sarah Bonnell, Nancy
Subject: AG'sE?mail Addresses

 

All: Bill Baer would like to send them an e?mail note to the filing AGs welcoming them
on board. He'd like to send it early tomorrow before filing if possible. Don?t know if
you can help but if you can it would be greatly appreciated. mt

Mark Tobey

Special Counsel for State Relations and Agriculture
U.S. Department of Justice

Antitrust Division

Rm 11038 LSB

135



From: Tobey, Mark

Sent: Monday, August 12, 2013 6:56 PM
To: Donahue, James A.

Subject: RE: AG's E-mail Addresses
Categories: Purple Category, Blue Category
Thank you.

 

From: Donahue, James A. [mailto_
Sent: Monday, August 12, 2013 6:51

To: Tobey, Mark 

Subject: RE: E-mail Addresses

Attorney General Kane?s email is?

Jim

 

From: Tobey, Mark ailto.

Sent: Monday, August 12, 2013 5:50 PM

To: Donahue, James A. VanWinkle, Kim; Stavast?Piper, Kayna; Vic Domen; Liz Brady; Rushkoff, Bennett 
Levy, Mark; Allen, Sarah Bonnell, Nancy

Subject: E-mail Addresses

All: Bill Baer would like to send them an e-mail note to the ?ling AGs welcoming them on board. He?d like to send it
early tomorrow before ?ling if possible. Don?t know if you can help but if you can it would be greatly appreciated. mt

Mark Tobey

Special Counsel for State Relations and Agriculture
U.S. Department of Justice

Antitrust Division

in] 11638 LSB 

The information transmitted is intended only for the person or entity to whom it is addressed and may contain
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prehibited. If you receive this message in error, please send a reply e?mail to the sender and delete the material
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13?

g?

From: Donahue, James A.

Sent: Monday, August 12, 2013 5:44 PM
To: Mark Levy

Cc: . Thomson, Jennifer A.

Subject: FW: PA signature block
Attachments: 20130812173953987pdf
Categories: Purple Category, Blue Category

Here is the proper signature block. We were in a meeting about this. Jim



From: .
Sent: Monday, August 12, 2013 5:40 PM

To: Donahue. James A.

Subject:

This E-mail was sent from (Aficio MP 5001).

Scan Date: 08.12.2013 17:39:53 (-0400) 

Queries to: no-rep1y@attorneygeneralgov The information transmitted is intended only for the
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Any use of this information other than by the intended recipient is prohibited. If you receive this
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139

FOR PLAINTIFF COMMONWEAITH OF 

KATHLEEN G. KANE
Attorney General

ADRIAN R. KING, JR.
First Deputy Attorney General

JAMES A. DONAHUE, 
Executive Deputy Attorney General
Public Protection Division

TRACY w. WERTZ
Acting Chief Deputy Attorney General
Antitrust Section

JENNIFER AI. THOMSON

 

Deputy Attorney General
Antitrust _Section
7% 
. 9&6.
AMES A. DONAHUE, 

Executive Deputy Attorney Attorney General
PA Bar No. 42624

Public Protection Division

14?1 Floor, Strawberry Square

Har isburg, PA 17120
Pm
Fax: 1 -