MEMORANDUM AND ORDER: The Court finds that the amendments to the Class Complaint relate back to the original pleadings, and that American Pipe tolling applies to the amended claims by Direct Action Plaintiffs. The Court sets aside Judge Orenstein's decision to the contrary. Ordered by Judge Margo K. Brodie on 8/29/2018. (Brucella, Michelle)
Letter re Subpoena to ALDI Inc. by Visa Inc., Visa International Service Association, Visa U.S.A. Inc. Associated Cases: 1:05-md-01720-MKB-JO, 1:18-cv-04568-MKB-JO (Kaminsky, Blair) (Entered: 08/17/2018)
MOTION to Withdraw as Attorney (Tracy N. LeRoy) by Citibank N A, Citicorp, Citigroup Inc, Citibank N.A.. (Attachments: # 1 Declaration of Tracy N. LeRoy) Associated Cases: 1:05-md-01720-MKB-JO, 1:17-cv-04555-MKB-JO (Nagin, Benjamin) (Entered: 08/17/2018)
NOTICE by Mastercard Incorporated, Mastercard International Incorporated / Notice of Withdrawal as Counsel of Record for Sasha Freedman (Attachments: # 1 Declaration of Sasha Freedman) (Freedman, Sasha) (Entered: 08/10/2018)
NOTICE by Mastercard Incorporated, Mastercard International Incorporated Notice of Withdrawal as Counsel of Record (Lawyer, Stanton) (Entered: 08/03/2018)
Letter re Proposed Status Conference Dates by Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (Shuster, Michael) (Entered: 07/20/2018)
Letter MOTION for Extension of Time to File Status Report (On Consent) by Visa Inc., Visa International Service Association, Visa U.S.A. Inc.. (Ordway, Demian) (Entered: 07/10/2018)
MOTION to Seal Letter by Visa Inc., Visa International Service Association, Visa U.S.A. Inc.. (Attachments: # 1 Letter) (Vizas, Robert) (Entered: 06/26/2018)
RESPONSE in Opposition re 7214 Letter MOTION to Compel Non-Party American Express Companys Production of Documents filed by American Express Co., American Express Travel Related Services Company, Inc.. (Attachments: # 1 Exhibit A) (Leraris, Rory) (Entered: 06/07/2018)
MOTION for Leave to Electronically File Document under Seal by 7-Eleven Inc.. (Attachments: # 1 Motion To Compel, # 2 Exhibits A through K) (Shinder, Jeffrey) (Entered: 06/07/2018)
NOTICE of Appearance by Rory Ann Leraris on behalf of American Express Co., American Express Travel Related Services Company, Inc. (aty to be noticed) (Leraris, Rory) (Entered: 06/05/2018)
Letter MOTION to Compel Non-Party American Express Companys Production of Documents by Equitable Relief Class. (Attachments: # 1 Exhibits A-D) (Freed, Michael) (Entered: 06/04/2018)
Letter dated June 4, 2018 from (b)(3) Class Counsel requesting approval of the 2018 2Q Estimated Tax Payments for the Class I and Class II Settlement Funds by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Davidoff, Merrill) (Entered: 06/04/2018)
Notice of MOTION to Withdraw as Attorney and Motion to Withdraw as Attorney Nicolas W. Steenland by Suntrust Bank. (Steenland, Nicolas) (Entered: 06/04/2018)
Letter by Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (Attachments: # 1 Exhibit Proposed Stipulation and Order) (Kaminsky, Blair) (Entered: 06/01/2018)
NOTICE of Appearance by Lina Dagnew on behalf of Mastercard Incorporated, Mastercard International Incorporated (notification declined or already on case) (Dagnew, Lina) (Entered: 06/01/2018)
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10474171. by Mastercard Incorporated, Mastercard International Incorporated. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing - AD3, # 3 Certificate of Good Standing - DC) (Dagnew, Lina) (Entered: 05/31/2018)
STATUS REPORT for June 2018 on behalf of all parties by Plaintiffs in Target Corporation, et al. v. Visa Inc., et al., 13-cv-03477 (Broz, Alycia) (Entered: 05/29/2018)
NOTICE of Appearance by Joshua Barton Gray on behalf of Herc Rentals Inc., Hertz Corporation, Roundy's Supermarkets, Inc., Royal Caribbean Cruises LTD. (aty to be noticed) (Gray, Joshua) (Entered: 05/18/2018)
STIPULATION AND ORDER OF DISMISSAL: It is hereby Ordered, Adjudged, and Decreed that the claims and action of Wet Seal be, and hereby are, dismissed without prejudice and with each side to bear its own attorneys' fees and costs. In the event that Wet Seal refiles any action that relates to the subject matter of claims asserted in MDL 1720, Wet Seal will file that action in federal court and will consent to, and not oppose, the inclusion of that action in MDL 1720 (if the action is filed in this Court) or the transfer of that action to MDL 1720 for coordinated or consolidated pre-trial proceedings (if the action is filed in any other federal court). Defendants will not assert as to such a refiled action a statute of limitations defense based on the pendency of this action or this dismissal. Nothing in this stipulation or order shall preclude Wet Seal from pursuing claims as a member of any litigation or settlement class in MDL 1720 or from opting out of any future litigation or settlement class certified in MDL 1720 if opt-out rights are afforded to that class. Ordered by Judge Margo K. Brodie on 5/16/2018. Associated Cases: 1:05-md-01720-MKB-JO, 1:13-cv-05746-MKB-JO (Brucella, Michelle) (Entered: 05/17/2018)
AFFIDAVIT/DECLARATION in Support re 7204 MOTION to Withdraw as Attorney Michael Y. Scudder filed by JP Morgan Chase & Co.. (Scudder, Michael) (Entered: 05/16/2018)
MOTION to Withdraw as Attorney Michael Y. Scudder by JP Morgan Chase & Co.. (Attachments: # 1 Proposed Order of Withdrawal of Michael Y. Scudder) (Scudder, Michael) (Entered: 05/16/2018)
STIPULATION of Dismissal Without Prejudice Of All Claims by The Wet Seal, Inc. Associated Cases: 1:05-md-01720-MKB-JO, 1:13-cv-05746-MKB-JO (Butler, Keith) (Entered: 05/16/2018)
Letter to the Honorable James Orenstein re: Proposed Status Conference Dates by Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (Mason, Robert) (Entered: 05/03/2018)
AFFIDAVIT/DECLARATION in Support re 7198 MOTION to Withdraw as Attorney Cameron A. Tepfer filed by BA Merchant Services LLC, Bank Of America, N.A., Bank of America Corporation, MBNA America Bank, N.A.. (Baehr, Robert) (Entered: 05/02/2018)
MOTION to Withdraw as Attorney Cameron A. Tepfer by BA Merchant Services LLC, Bank Of America, N.A., Bank of America Corporation, MBNA America Bank, N.A.. (Attachments: # 1 Proposed Order of Withdrawal of Cameron A. Tepfer) (Baehr, Robert) (Entered: 05/02/2018)
STIPULATION AND ORDER OF DISMISSAL: The claims and actions of Crystal Rock, LLC (but not any of the remaining named plaintiffs) be, and hereby are, dismissed without prejudice and with each side to bear its own attorneys' fees and costs. In the event that Crystal Rock, LLC, or any of its respective related or affiliated entities, files any action that relates to the subject matter of claims asserted in MDL 1720, such action will be filed in federal court. Further, each plaintiff in such filed action will consent to, and not oppose, the inclusion of that action in MDL 1720 (if the action is filed in this Court) or the transfer of that action to MDL 1720 for coordinated or consolidated pre-trial proceedings (if the action is filed in any other federal court). All discovery taken of Crystal Rock, LLC, including all documents, interrogatory responses, and deposition transcripts, will remain in the factual record of MDL 1720. Ordered by Judge Margo K. Brodie on 4/27/2018. Associated Cases: 1:05-md-01720-MKB-JO, 1:05-cv-05880-MKB-JO (Brucella, Michelle) (Entered: 04/27/2018)
STIPULATION of Dismissal WITHOUT PREJUDICE AS TO CRYSTAL ROCK, LLC by Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (Kaminsky, Blair) (Entered: 04/27/2018)
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 4/19/2018. Court Reporter: Georgette Betts. Tel. (718) 804-2777. As set forth on the record, I heard argument on the motion by Wells Fargo to quash a subpoena and granted the motion. I respectfully direct all parties to confer through counsel and submit a joint proposal by May 3, 2018, for the date of the next status conference. (Orenstein, James) (Entered: 04/19/2018)
Letter to the Clerk of the Court Re: ECF Notifications by National Retail Federation, Retail Industry Leaders Association (Celli, Andrew) (Entered: 04/18/2018)
NOTICE of Appearance by Karen P. Anderson on behalf of Verifone, Inc. (notification declined or already on case) Associated Cases: 1:05-md-01720-MKB-JO, 1:13-cv-05746-MKB-JO (Anderson, Karen) (Entered: 04/18/2018)
First MOTION for Leave to Appear Pro Hac Vice Karen P. Anderson Filing fee $ 150, receipt number 0207-10365673. by Verifone, Inc.. (Attachments: # 1 Affidavit Affidavit of Karen P. Anderson, # 2 Exhibit Certificate of Standing) Associated Cases: 1:05-md-01720-MKB-JO, 1:13-cv-05746-MKB-JO (Anderson, Karen) (Entered: 04/18/2018)
Letter to The Honorable James Orenstein regarding the April 19, 2018 status conference and request for oral argument by Wells Fargo & Company, Wells Fargo Bank N.A. (LoBue, Robert) (Entered: 04/17/2018)
Letter to the Honorable James Orenstein Regarding Request to Cancel Status Conference by Visa Inc., Visa U.S.A. Inc. (Mason, Robert) (Entered: 04/17/2018)
NOTICE of Appearance by Robert Joseph O'Loughlin, III on behalf of Mastercard Incorporated, Mastercard International Incorporated (aty to be noticed) (O'Loughlin, Robert) (Entered: 04/16/2018)
STATUS REPORT / Joint Status Report by All Parties by Mastercard Incorporated, Mastercard International Incorporated (Gallo, Kenneth) (Entered: 04/12/2018)
Letter from Rule 23(b)(3) Class Counsel and Counsel for Electronic Payment Systems, LLC re. EPS status by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Bernay, Alexandra) (Entered: 04/09/2018)
Letter from (b)(3) Class Counsel requesting approval of the 2017 tax payments for the Class I Cash Settlement Fund and the Class II Interchange Settlement Fund by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Davidoff, Merrill) (Entered: 04/09/2018)
Letter from (b)(3) Class Counsel requesting approval of the 2018 1st Quarter estimated tax payments for the Class I Cash Settlement Fund and the Class II Interchange Settlement Fund by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Davidoff, Merrill) (Entered: 04/04/2018)
REPLY in Opposition re 7178 Letter MOTION to Quash Plaintiffs' Rule 30(b)(6) deposition subpoena filed by Plaintiffs in Target Corporation, et al. v. Visa Inc., et al., 13-cv-03477. (Attachments: # 1 Declaration Declaration of Timothy B. McGranor, # 2 Exhibit 1 to Declaration of Timothy B. McGranor, # 3 Exhibit 2 to Declaration of Timothy B. McGranor, # 4 Exhibit 3 to Declaration of Timothy B. McGranor) (Herlihy, Kimberly) (Entered: 04/04/2018)
STIPULATION AND ORDER OF DISMISSAL: It is hereby Ordered, Adjudged and Decreed that the claims and action of the Plaintiff be, and hereby are, dismissed without prejudice and with each side to bear its own attorneys' fees and costs. In the event that the Plaintiff refiles any action that relates to the subject matter of claims asserted in MDL 1720, the Plaintiff will file that action in federal court and will consent to, and not oppose, the inclusion of that action in MDL 1720 (if the action is filed in this Court) or the transfer of that action to MDL 1720 for coordinated or consolidated pre-trial proceedings (if the action is filed in any other federal court). Defendants will not assert as to such a refiled action a statute of limitations defense based on the pendency of this action or this dismissal. Nothing in this stipulation or order shall preclude the Plaintiff from pursuing claims as a member of any litigation or settlement class in MDL 1720 or from opting out of any future litigation or settlement class certified in MDL 1720 if opt-out rights are afforded to that class. Ordered by Judge Margo K. Brodie on 4/3/2018. (Brucella, Michelle)
STIPULATION of Dismissal Without Prejudice of All Claims (rue21, inc. v. Visa Inc., et al No. 14-cv-7018 by Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (Ordway, Demian) (Entered: 04/03/2018)
NOTICE of Appearance by Stanton Lawyer on behalf of Mastercard Incorporated, Mastercard International Incorporated (notification declined or already on case) (Lawyer, Stanton) (Entered: 03/28/2018)
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10305000. by Mastercard Incorporated, Mastercard International Incorporated. (Attachments: # 1 Affidavit of Stanton M.B. Lawyer, # 2 Certificate of Good Standing - MD, # 3 Certificate of Good Standing - DC, # 4 Proposed Order) (Lawyer, Stanton) (Entered: 03/27/2018)
Letter to Judge Orenstein, issues re Mastercard A. Banga deposition resolved by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Wildfang, K.) (Entered: 03/26/2018)
MOTION to Withdraw as Attorney James Thomas by Plaintiffs in Civil Action Target Corporation, et al. v. Visa Inc. et al., 13-cv-4442. (Thomas, James) (Entered: 03/26/2018)
Letter MOTION for Extension of Time to File Response/Reply as to Order,,,,, until March 28, 2018 by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation. (Wildfang, K.) (Entered: 03/26/2018)
STIPULATION AND ORDER OF DISMISSAL: It is Stipulated and Agreed that the claims and actions of Barry's Cut Rate Stores, Inc. and Town Kitchen, LLC be, and hereby are, dismissed without prejudice and with each side to bear its own attorneys' fees and costs. Ordered by Judge Margo K. Brodie on 3/21/2018. (Brucella, Michelle)
Letter MOTION for Protective Order Limiting April 20, 2018 Deposition Testimony by Mastercard Incorporated, Mastercard International Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Gallo, Kenneth) (Entered: 03/20/2018)
STIPULATION of Dismissal WITHOUT PREJUDICE AS TO BARRYS CUT RATE STORES, INC. AND TOWN KITCHEN, LLC by Visa Inc. (Kaminsky, Blair) (Entered: 03/19/2018)
Letter dated March 6, 2018 from Mary Gail Gearns to The Honorable James Orenstein by The Clearing House Payments Company L.L.C. ("TCH") (Attachments: # 1 Exhibit A - TCH's Rule 45 Objection Letter, # 2 Exhibit B - Notice of Subpoena) (Gearns, Mary Gail) (Entered: 03/06/2018)
NOTICE of Appearance by Richard S. Taffet on behalf of The Clearing House Payments Company L.L.C. ("TCH") (aty to be noticed) (Taffet, Richard) (Entered: 03/06/2018)
NOTICE of Appearance by Mary Gail Gearns on behalf of The Clearing House Payments Company L.L.C. ("TCH") (aty to be noticed) (Gearns, Mary Gail) (Entered: 03/06/2018)
The Court affirms Judge Orenstein's Order 7051 regarding Bank of America's assertions of privilege and denies 7063 7-Eleven Plaintiffs' appeal of the order. Ordered by Judge Margo K. Brodie on 26/02/2018. (Djabarova, Zamira)
Letter MOTION to Compel Non-Party The Clearing House Company L.L.C.s Production of Documents by 7-Eleven Inc.. (Attachments: # 1 Exhibit (s) A through G) (Shinder, Jeffrey) (Entered: 02/22/2018)
Letter MOTION to Adjourn Conference re: February 27, 2018 Status Conference by Mastercard Incorporated, Mastercard International Incorporated. (Carney, Gary) (Entered: 02/22/2018)
RESPONSE to Motion re 7149 Letter MOTION to Compel 30(b)(6) Depositions of Equitable Relief Class Plaintiffs filed by Equitable Relief Class. (Nussbaum, Linda) (Entered: 02/21/2018)
AMENDED COMPLAINT : Redlined Third Consolidated Amended Class Action Complaint (filed by Rule 23(b)(3) Class Plaintiffs against Capital One Bank, (USA), N.A., Capital One F S B, Capital One Financial Corp, Chase Bank USA, N.A., Chase Manhattan Bank USA, N.A., Chase Paymentech Solutions, LLC, Citibank (South Dakota), N.A., Citibank N A, Citicorp, Citigroup Inc, Fifth Third Bancorp, First National Bank of Omaha, Bank Of America, N.A., Bank of America Corporation, Barclays Bank Delaware, Barclays Bank PLC, Barclays Financial Corp., HSBC Bank USA, N.A., HSBC Finance Corporation, HSBC Holdings PLC, HSBC North America Holdings, Inc, JP Morgan Chase & Co., JP Morgan Chase Bank, N.A., Mastercard Incorporated, Mastercard International Incorporated, National City Bank of Kentucky, National City Corporation, Suntrust Bank, Suntrust Banks Inc, Texas Independent Bancshares, Inc., Visa Inc., Visa International Service Association, Visa U.S.A. Inc., Wells Fargo & Company, BA Merchant Services LLC, filed by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation. (Wildfang, K.) (Entered: 02/15/2018)
Letter to The Honorable Judge Margo K. Brodie regarding redlined version of the Third Consolidated Amended Class Action Complaint by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Wildfang, K.) (Entered: 02/15/2018)
Joint MOTION for Extension of Time to File Status Report by Visa Inc., Visa International Service Association, Visa U.S.A. Inc.. (Kaminsky, Blair) (Entered: 02/13/2018)
NOTICE of Appearance by Kamali P Willett on behalf of Chase Bank USA, N.A., Chase Manhattan Bank USA, N.A., Chase Paymentech Solutions, LLC, JP Morgan Chase & Co., JP Morgan Chase Bank, N.A. (aty to be noticed) (Willett, Kamali) (Entered: 02/08/2018)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/23/2018, before Judge Magistrate Judge Orenstein. Court Reporter/Transcriber Michele Lucchese, Telephone number 718-613-2272. Email address: MLuccheseEDNY@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/22/2018. Redacted Transcript Deadline set for 3/5/2018. Release of Transcript Restriction set for 5/2/2018. (Lucchese, Michele) (Entered: 02/01/2018)
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 1/23/2018. SCHEDULING: (1) The next status conference will be held on February 27, 2018, at 1:00 p.m. (2) A further status conference will be held on April 19, 2018, at 1:00 p.m. SUMMARY: (1) As set forth on the record, I heard argument on the Rule 12(c) motion in the B&R action and anticipate issuing a report and recommendation that urges the court to deny the motion. (2) As set forth on the record, I heard argument on the defendants' motion to compel disclosures in the Interchange actions and ruled that the relevant period for the disputed discovery requests begins in 2000. (Attachments: # 1 Appearances) COURT REPORTER: Michelle Lucchese, Tel # 718-613-2272. (Orenstein, James) Modified on 1/25/2018 (Hong, Loan). (Entered: 01/23/2018)
STATUS REPORT / Joint Status Report by All Parties by Mastercard Incorporated, Mastercard International Incorporated (Gallo, Kenneth) (Entered: 01/17/2018)
RESPONSE in Opposition re 7139 Letter MOTION to Compel Discovery on Behalf of the Bank of America, Chase, Citi, Wells Fargo, Visa and Mastercard Defendants, Filed filed by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation. (Coughlin, Patrick) (Entered: 01/17/2018)
Letter MOTION to Compel Discovery on Behalf of the Bank of America, Chase, Citi, Wells Fargo, Visa and Mastercard Defendants, Filed by Chase Manhattan Bank USA, N.A., Chase Paymentech Solutions, LLC, JP Morgan Chase & Co., JP Morgan Chase Bank, N.A.. (Bershteyn, Boris) (Entered: 01/11/2018)
Letter MOTION for Extension of Time to File Status Report by Mastercard Incorporated, Mastercard International Incorporated. (Carney, Gary) (Entered: 01/08/2018)
Letter from Class Counsel Requesting Approval of Settlement Administrative Costs by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Attachments: # 1 Exhibit A) (Bernay, Alexandra) (Entered: 12/19/2017)
NOTICE of Appearance by Kelly Dodge Garcia on behalf of Mastercard Incorporated, Mastercard International Incorporated (aty to be noticed) (Garcia, Kelly) (Entered: 12/15/2017)
STIPULATION of Dismissal WITHOUT PREJUDICE AS TO MILLS AUTO GROUP PLAINTIFFS by Brainerd Lively Auto, L.L.C., Mills Auto Center, Inc., Mills Auto Enterprises, Inc., Mills Motor, Inc., Willmar Motors, L.L.C. Associated Cases: 1:05-md-01720-MKB-JO, 1:13-cv-05746-MKB-JO (Shinder, Jeffrey) (Entered: 12/14/2017)
Letter from (b)(3) Class Counsel requesting approval of 4th Quarter estimated tax payments for the Class I Cash Settlement Fund and the Class II Interchange Settlement Fund by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Davidoff, Merrill) (Entered: 12/08/2017)
DECLARATION of Steig D. Olson In Support of Reply Brief for Direct Action Plaintiffs' Objections To Magistrate Judge's Memorandum and Order Regarding Plaintiffs' Motion For Leave To Amend and Relation Back by Home Depot U.S.A., Inc. (Attachments: # 1 Exhibit 1- Defendant's Second Set of Requests for Production and Inspection of Documents to 7-Eleven Direct Action Plaintiffs, # 2 Exhibit 2-Comparison Requests for Production) (Olson, Steig) (Entered: 12/06/2017)
REPLY in Support re 7103 Notice(Other), of Direct Action Plaintiff's Objections to Magistrate Judge's Memorandum and Order Regarding Plaintiff's Motions for Leave To Amend and Relation Back filed by Home Depot U.S.A., Inc.. (Olson, Steig) (Entered: 12/06/2017)
Letter MOTION for Leave to File re: Direct Action Plaintiff's Letter Seeking Leave to File Reply Brief by Home Depot U.S.A., Inc.. (Attachments: # 1 Exhibit A Reply Brief, # 2 Exhibit B Declaration of Steig D. Olson) (Olson, Steig) (Entered: 12/05/2017)
STIPULATION of Dismissal Plaintiffs' Stipulation and Proposed Order of Dismissal Without Prejudice of All Claims by B.C. Distribution Company, BC Northwest, LLC, BC Surf & Sport Grand Junction, LLC, Deerfield Board Shop, LLC, Surf Associates East, Inc., Surf Associates, Inc. Associated Cases: 1:05-md-01720-MKB-JO, 1:15-cv-07122-MKB-JO (Pollack, Gayle) (Entered: 11/28/2017)
NOTICE by Broadway Grill, Inc. of Withdrawal of Counsel Associated Cases: 1:05-md-01720-MKB-JO, 1:17-cv-04362-MKB-JO (Barnett, Alexander) (Entered: 11/28/2017)
MEMORANDUM in Opposition re 7103 Notice(Other), 7106 Notice(Other), 7104 Appeal of Magistrate Judge Decision to District Court, 7101 Appeal of Magistrate Judge Decision to District Court, filed by Chase Bank USA, N.A., Chase Manhattan Bank USA, N.A., Chase Paymentech Solutions, LLC, JP Morgan Chase & Co., JP Morgan Chase Bank, N.A.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Greene, Peter) (Entered: 11/17/2017)
Letter MOTION for Extension of Time to File Answer or Respond to the Amended Complaint (CONSENT MOTION) by Mastercard Incorporated, Mastercard International Incorporated. (Carney, Gary) (Entered: 11/09/2017)
STIPULATION of Dismissal Plaintiffs' Stipulation and Order of Dismissal Without Prejudice of all Claims by Tavern Hospitality Group Holdings, LLC d/b/a Tavern Hospitality Group (Shamtoub, Sherli) (Entered: 11/06/2017)
AMENDED COMPLAINT [REDACTED] Third Consolidated Amended Class Action Complaint (filed by Counsel for Rule 23(b)(3) Class Plaintiffs) against Mastercard Incorporated, Mastercard International Incorporated, Visa Inc., Visa International Service Association, Visa U.S.A. Inc., filed by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation. (Marth, Ryan) (Entered: 11/06/2017)
Notice of MOTION to Withdraw as Attorney Notice Of Motion And Motion To Withdraw As Counsel of Leigh Anne St. Charles-OBrien by Visa Inc., Visa International Service Association, Visa U.S.A. Inc.. (St. Charles, Leigh-Anne) (Entered: 11/03/2017)
STIPULATION of Dismissal PLAINTIFFS STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE OF ALL CLAIMS by Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (Mason, Robert) (Entered: 11/02/2017)
AMENDED COMPLAINT (Fifth Amended Complaint) against Chase Bank USA, N.A., Chase Paymentech Solutions, LLC, Citibank N A, Citicorp, Citigroup Inc, FIA Card Services, N.A., Bank Of America, N.A., Bank of America Corporation, JP Morgan Chase & Co., JP Morgan Chase Bank, N.A., Mastercard Incorporated, Mastercard International Incorporated, Visa Inc., Visa International Service Association, Visa U.S.A. Inc., Wells Fargo & Company, Wells Fargo Bank N.A., filed by Roundy's Supermarkets, Inc.. (Blechman, William) (Entered: 10/31/2017)
AMENDED COMPLAINT : THIRD CONSOLIDATED AMENDED CLASS ACTION COMPLAINT (filed by Counsel for Rule 23(b)(3) Class Plaintiffs) against Mastercard Incorporated, Mastercard International Incorporated, Visa Inc., Visa International Service Association, Visa U.S.A. Inc., filed by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation. (Wildfang, K.) (Entered: 10/30/2017)
AMENDED COMPLAINT And Supplemental Complaint And Demand For Jury Trial in Target Corporation, et al. v. Visa, Inc., et al., 13-cv-03477 against Mastercard Incorporated, Mastercard International Incorporated, Visa Inc., Visa International Service Association, Visa U.S.A. Inc., filed by Plaintiffs in Target Corporation, et al. v. Visa Inc., et al., 13-cv-03477. (Wilson, James) (Main Document 7117 replaced on 11/2/2017) (Francis-McLeish, Ogoro). (Entered: 10/30/2017)
AMENDED COMPLAINT And Supplemental Complaint And Demand For Jury Trial in Target Corporation, et al. v. Visa, Inc., et al., 13-cv-03477 against Mastercard Incorporated, Mastercard International Incorporated, Visa Inc., Visa International Service Association, Visa U.S.A. Inc., filed by Plaintiffs in Target Corporation, et al. v. Visa Inc., et al., 13-cv-03477. (Wilson, James) (Entered: 10/30/2017)
AMENDED COMPLAINT First Amended Complaint and Demand for Jury Trial against Mastercard Incorporated, Mastercard International Incorporated, Visa Inc., Visa International Service Association, Visa U.S.A. Inc., filed by Blarney Castle Oil Company, Ricker Oil Company Inc.Associated Cases: 1:05-md-01720-MKB-JO, 1:13-cv-04766-MKB-JO (Norman, Richard) (Entered: 10/27/2017)
MOTION for Leave to Electronically File Document under Seal by Plaintiffs in Target Corporation, et al. v. Visa Inc., et al., 13-cv-03477. (Wilson, James) (Entered: 10/27/2017)
AMENDED COMPLAINT And Supplemental Complaint And Demand For Jury Trial against Mastercard Incorporated, Mastercard International Incorporated, Visa Inc., Visa International Service Association, Visa U.S.A. Inc., filed by Plaintiffs in Target Corporation, et al. v. Visa Inc., et al., 13-cv-03477. (Attachments: # 1 Exhibit Second Amended And Supplemental Complaint And Demand For Jury Trial) (Wilson, James) (Entered: 10/27/2017)
STIPULATION (JOINT) and Proposed Order On Service and Timing On Defendants' Response to Plaintiffs' Complaint by Dollar General Corporation, Expedia, Inc., Natm Buying Corporation, Tractor Supply Company (Germaine, David) (Entered: 10/27/2017)
STIPULATION of Dismissal and Order of Dismissal Without Prejudice of All Claims by American Eagle Outfitters, Inc. Associated Cases: 1:05-md-01720-MKB-JO, 1:14-cv-00321-MKB-JO (Victoria, Richard) (Entered: 10/23/2017)
NOTICE by Aloha Petroleum LTD, Sunoco Inc. (R&M) re (7103 in 1:05-md-01720-MKB-JO) Notice(Other), (7101 in 1:05-md-01720-MKB-JO) Appeal of Magistrate Judge Decision to District Court, (Plaintiffs Sunoco Retail, LLC and Aloha Petroleum, Ltd.'s Objection to September 27, 2017 Magistrate Judge Order and Joinder in Docket Entries 7101 and 7103) Associated Cases: 1:05-md-01720-MKB-JO, 1:14-cv-05800-MKB-JO (Buffmire, Edwin) (Entered: 10/23/2017)
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation re 7076 Order on Motion for Leave to File,,,,,,,,,,,,,,,,,,,,, Order on Motion to Amend/Correct/Supplement,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, (Attachments: # 1 Declaration of Eric P. Barstad) (Wildfang, K.) (Entered: 10/23/2017)
NOTICE by Home Depot U.S.A., Inc. re 7076 Order on Motion for Leave to File,,,,,,,,,,,,,,,,,,,,, Order on Motion to Amend/Correct/Supplement,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Appeal of Magistrate Judge's Decision by the Target Plaintiffs, 7-Eleven Plaintiffs, and The Home Depot (Direct Action Plaintiffs) filed by Home Depot U.S.A., Inc., (Olson, Steig) (Entered: 10/23/2017)
NOTICE of Appearance by Eric P. Barstad on behalf of Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (aty to be noticed) (Barstad, Eric) (Entered: 10/23/2017)
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Plaintiffs in Delta Airlines Inc et al v. Visa Inc et al, 1:13-cv-04766-JG-JO re 7076 Order on Motion for Leave to File,,,,,,,,,,,,,,,,,,,,, Order on Motion to Amend/Correct/Supplement,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, (Norman, Richard) (Entered: 10/20/2017)
MEMORANDUM AND OPINION affirming Judge Orensteins decision denying the Direct Action Plaintiffs motion to amend the Class Counsel Order as an untimely motion for reconsideration [Docket Entry No. 6947]. Ordered by Judge Margo K. Brodie on 10/13/2017. (Djabarova, Zamira) (Entered: 10/13/2017)
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 10/13/2017. SCHEDULING: (1) The next status conference will be held on November 28, 2017, at 1:00 p.m. (2) A further status conference will be held on January 23, 2018, at 1:00 p.m. (3) A further status conference will be held on February 27, 2018, at 1:00 p.m. (4) A further status conference will be held on April 19, 2018, at 1:00 p.m. SUMMARY: (1) As set forth on the record, I resolved in defendants' favor the parties' remaining disputes about the discovery schedule in B&R Supermarket . The defendants will promptly submit a proposed order reflecting the ruling. (2) As set forth on the record, I denied defendant MasterCard's motions for protective orders with respect to witnesses Oliver Manahan and Chiro Aikat. (3)The plaintiffs need no longer provide semi-annual status reports concerning third party claims processors, but may of course seek relief relating to such entities as appropriate at any time. (Court Reporter Sophia Nolan.) (Attachments: # 1 Appearances) (Drake, Shaw) (Entered: 10/13/2017)
Attached is a certified copy of CTO from the United States Judicial Panel on Multidistrict Litigation ordering the transfer of a case currently pending in your district. Pursuant to this order, your case number 17 CV 01971 must be transferred to the Eastern District of New York. Our case number 1:17-cv-05988(MKB)(JO). Please file the attached, certified copy of the CTO in the affected case, and close the case. Please transmit the record of this case to the Eastern District of New York using the CM/ECF Transfer Case utility. (Marziliano, August) (Entered: 10/13/2017)
JPMDL Conditional Transfer Order CTO-28 - Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. § 1407 to the Eastern District of New York for the reasons stated in the order of October 19, 2005, and, with the consent of that court, assigned to the Honorable Margo K. Brodie. (Marziliano, August) (Entered: 10/13/2017)
STATUS REPORT Sixth Status Report Regarding Third-Party Claims-Filing Companies as Ordered by the Court by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Bernay, Alexandra) (Entered: 10/12/2017)
REPLY in Support re 7063 MOTION for Reconsideration 7-ELEVEN PLAINTIFFS OBJECTION TO MAGISTRATE JUDGE ORENSTEIN ORDER REGARDING BANK OF AMERICA ASSERTIONS OF PRIVILEGE [Under Seal] filed by 7-Eleven Inc.. (Shinder, Jeffrey) (Entered: 10/12/2017)
RESPONSE in Opposition re 7092 MOTION for Leave to Electronically File Document under Seal and specifically the Motion For Leave to File Reply Brief in Support of Objection filed by Bank Of America, N.A., Bank of America Corporation. (Miller, Michael) (Entered: 10/12/2017)
NOTICE of Appearance by David T Moran on behalf of Aloha Petroleum LTD, Sunoco Inc. (R&M) (aty to be noticed) (Attachments: # 1 Certificate of Service) Associated Cases: 1:05-md-01720-MKB-JO, 1:14-cv-05800-MKB-JO (Moran, David) (Entered: 10/11/2017)
MOTION for Leave to Electronically File Document under Seal by 7-Eleven Inc.. (Attachments: # 1 Motion For Leave to File Reply Brief in Support of Objection, # 2 Proposed Reply Brief) (Shinder, Jeffrey) (Entered: 10/10/2017)
NOTICE of Appearance by Edwin M. Buffmire on behalf of Aloha Petroleum LTD, Sunoco Inc. (R&M) (aty to be noticed) (Attachments: # 1 Certificate of Service) Associated Cases: 1:05-md-01720-MKB-JO, 1:14-cv-05800-MKB-JO (Buffmire, Edwin) (Entered: 10/10/2017)
RESPONSE in Opposition re 7083 Letter MOTION for Protective Order on behalf of Direct Action Plaintiffs filed by Home Depot U.S.A., Inc.. (Olson, Steig) (Entered: 10/09/2017)
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9889210. by Aloha Petroleum Ltd, Sunoco Inc. (R&M). (Attachments: # 1 Affidavit of Edwin Buffmire, # 2 Texas State Bar Certificate of Good Standing, # 3 Certificate of Service) Associated Cases: 1:05-md-01720-MKB-JO, 1:14-cv-05800-MKB-JO (Buffmire, Edwin) (Entered: 10/09/2017)
RESPONSE to Motion re 7083 Letter MOTION for Protective Order on behalf of (b)(3) Plaintiffs filed by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation. (Montague, H.) (Entered: 10/09/2017)
Joint MOTION for Extension of Time to File Objections to September 27, 2017 Memorandum and Order by 7-Eleven Inc.. (Shinder, Jeffrey) (Entered: 10/05/2017)
AFFIDAVIT/DECLARATION in Opposition re 7063 MOTION for Reconsideration 7-ELEVEN PLAINTIFFS OBJECTION TO MAGISTRATE JUDGE ORENSTEIN ORDER REGARDING BANK OF AMERICA ASSERTIONS OF PRIVILEGE [Under Seal] filed by Bank Of America, N.A., Bank of America Corporation. (Attachments: # 1 Exhibit 2) (Miller, Michael) (Entered: 10/03/2017)
MEMORANDUM in Opposition re 7063 MOTION for Reconsideration 7-ELEVEN PLAINTIFFS OBJECTION TO MAGISTRATE JUDGE ORENSTEIN ORDER REGARDING BANK OF AMERICA ASSERTIONS OF PRIVILEGE [Under Seal] filed by Bank Of America, N.A., Bank of America Corporation. (Miller, Michael) (Entered: 10/03/2017)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 04-20-2017, before Judge Magistrate Judge Orenstein. Court Reporter/Transcriber Stacy Mace. Email address: smacerpr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/24/2017. Redacted Transcript Deadline set for 11/3/2017. Release of Transcript Restriction set for 1/1/2018. (Mace, Stacy) (Entered: 10/03/2017)
MOTION for Leave to Electronically File Document under Seal by Bank Of America, N.A., Bank of America Corporation. (Attachments: # 1 Bank of America's Memorandum of Law in Opposition to 7-Eleven Plaintiffs' Objection to Magistrate Judge Orenstein's Order Regarding Bank of America's Assertions of Privilege, # 2 Declaration of Mark P. Ladner, # 3 Exhibit 2 to Declaration of Mark P. Ladner) (Miller, Michael) (Entered: 10/02/2017)
MEMORANDUM in Opposition re 7063 MOTION for Reconsideration 7-ELEVEN PLAINTIFFS OBJECTION TO MAGISTRATE JUDGE ORENSTEIN ORDER REGARDING BANK OF AMERICA ASSERTIONS OF PRIVILEGE [Under Seal] (Redacted) filed by Bank Of America, N.A., Bank of America Corporation. (Miller, Michael) (Entered: 10/02/2017)
ORDER granting in part and denying in part 6766 Motion for Leave to File; granting in part and denying in part 6875 Motion for Leave to File; granting in part and denying in part 6877 Motion for Leave to File; granting in part and denying in part 6880 Motion to Amend/Correct/Supplement; granting in part and denying in part 6881 Motion for Leave to File; granting in part and denying in part 6884 Motion to Amend/Correct/Supplement; granting in part and denying in part 6885 Motion for Leave to File; granting in part and denying in part 6886 Motion for Leave to File; granting in part and denying in part 6887 Motion for Leave to File; granting in part and denying in part 6889 Motion for Leave to File; granting in part and denying in part 6907 Motion for Leave to File. For the reasons set forth in the attached document, I grant in part and deny in part the plaintiffs' contested motions for leave to file an amended complaint. Specifically, I grant the plaintiffs leave to amend their complaints to include allegations pertaining to a two-sided relevant market over the defendants' objections, but only to the extent that these claims are not time-barred: the two-sided market claims do not relate back to earlier pleadings and are not subject to equitable tolling. As to all other proposed amendments, I grant leave on consent. The plaintiffs are respectfully directed to amend their complaints in accordance with this order and to file the amended complaints as separate entries on the docket by October 27, 2017. Ordered by Magistrate Judge James Orenstein on 9/27/2017. (Orenstein, James) (Entered: 09/27/2017)
RESPONSE to Motion re 7070 Letter MOTION for Protective Order on behalf of Direct Action Plaintiffs filed by 7-Eleven Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Shinder, Jeffrey) (Entered: 09/25/2017)
RESPONSE to Motion re 7070 Letter MOTION for Protective Order on behalf of (b)(3) Plaintiffs filed by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation. (Montague, H.) (Entered: 09/25/2017)
Letter MOTION for Protective Order by Mastercard International Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Gallo, Kenneth) (Entered: 09/20/2017)
Letter to Judge Orenstein regarding upcoming Status Conference dates by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Wildfang, K.) (Entered: 09/20/2017)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on April 20, 2017, before Judge Magistrate James Orenstein. Court Reporter/Transcriber Stacy A. Mace, Telephone number (718) 613-2489. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/9/2017. Redacted Transcript Deadline set for 10/19/2017. Release of Transcript Restriction set for 12/18/2017. (Guy, Alicia) (Entered: 09/18/2017)
NOTICE of Appearance by Sasha Freedman on behalf of Mastercard Incorporated, Mastercard International Incorporated (notification declined or already on case) (Freedman, Sasha) (Entered: 09/18/2017)
MOTION for Leave to Appear Pro Hac Vice for Sasha Freedman Filing fee $ 150, receipt number 0207-9831880. by Mastercard Incorporated, Mastercard International Incorporated. (Attachments: # 1 Affidavit of Sasha Freedman, # 2 Certificates of Good Standing, # 3 Proposed Order) (Freedman, Sasha) (Entered: 09/15/2017)
Letter to Judge Orenstein regarding case scheduling order by Plaintiffs in Target Corporation, et al. v. Visa Inc., et al., 13-cv-03477 (Herlihy, Kimberly) (Entered: 09/12/2017)
STATUS REPORT (JOINT) CONCERNING THE DEPOSITIONS OF FORMER CHASE EMPLOYEES by Chase Manhattan Bank USA, N.A., Chase Paymentech Solutions, LLC, JP Morgan Chase & Co., JP Morgan Chase Bank, N.A. (Greene, Peter) (Entered: 09/12/2017)
MOTION for Reconsideration 7-ELEVEN PLAINTIFFS OBJECTION TO MAGISTRATE JUDGE ORENSTEIN ORDER REGARDING BANK OF AMERICA ASSERTIONS OF PRIVILEGE [Under Seal] by 7-Eleven Inc.. (Attachments: # 1 Exhibit (s) A through T, # 2 Exhibit (s) U through AA) (Shinder, Jeffrey) (Entered: 09/08/2017)
Letter MOTION for Leave to File an Opposition of Up to 20 Pages in Response to Plaintiff 7-Eleven Inc.'s September 7, 2017 Objections by BA Merchant Services LLC, Bank Of America, N.A., Bank of America Corporation, MBNA America Bank, N.A.. (Ladner, Mark) (Entered: 09/08/2017)
MOTION for Leave to Electronically File Document under Seal by 7-Eleven Inc.. (Attachments: # 1 Appeal of Magistrate Judge Decision to District Court, # 2 Exhibit (s) A through T, # 3 Exhibit (s) U through AA) (Shinder, Jeffrey) (Entered: 09/07/2017)
STATUS REPORT (JOINT) CONCERNING THE DEPOSITIONS OF FORMER CHASE EMPLOYEES by Chase Manhattan Bank USA, N.A., Chase Paymentech Solutions, LLC, JP Morgan Chase & Co., JP Morgan Chase Bank, N.A. (Greene, Peter) (Entered: 09/05/2017)
Letter Jointly Proposing the Afternoon of October 19, 2017 for Oral Argument by HSBC Finance Corporation, HSBC North America Holdings Inc, HSBC Bank USA, N.A., HSBC Holdings PLC Associated Cases: 1:05-md-01720-MKB-JO, 1:17-cv-04555-MKB-JO (Lesser, David) (Entered: 09/01/2017)
MOTION to Withdraw as Attorney by Barclays Bank of Delaware. Associated Cases: 1:05-md-01720-MKB-JO, 1:17-cv-04555-MKB-JO (Lanzalotto, Christopher) (Entered: 08/31/2017)
Letter from (b)(3) Class Counsel requesting approval of 3rd Quarter estimated tax payments for the Class I Cash Settlement Fund and the Class II Interchange Settlement Fund by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Davidoff, Merrill) (Entered: 08/31/2017)
Letter from (b)(3) Class Counsel dated August 30, 2017 to Judge Brodie and Magistrate Judge Orenstein re Payment of Miller Kaplan Arase LLP's Invoices by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Davidoff, Merrill) (Entered: 08/30/2017)
Letter to Magistrate Judge Orenstein from Interim Co-Lead Counsel re agreement by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Attachments: # 1 Agreement) (Coughlin, Patrick) (Entered: 08/29/2017)
7041 Application for Refund of Fees Paid Electronically. Approved by August Marziliano, Operations Manager on 8/29/2017. (Marziliano, August) (Entered: 08/29/2017)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 24, 2017, before Judge Orenstein. Court Reporter/Transcriber H. Driscoll, Telephone number 718-613-2274. Email address: hdrisc@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/15/2017. Redacted Transcript Deadline set for 9/25/2017. Release of Transcript Restriction set for 11/23/2017. (Driscoll, Holly) (Entered: 08/25/2017)
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 8/24/2017. SCHEDULING: There are no further conferences scheduled before me at this time. SUMMARY: (1) On the motion to remand the Luby's action to state court, the parties will confer and propose a date for oral argument. (2) As set forth on the record, I heard argument on, and denied, the 7-Eleven Plaintiffs' motion to overrule Bank of America's assertion of privilege with respect to certain inadvertently disclosed records. (3) After discussing scheduling issues with the parties in 05-MD-1720, I set the following schedule: fact discovery to be completed by April 30, 2018; plaintiffs' expert reports and class certification motion to be served by August 31, 2018; defendants' expert reports to be served by February 28, 2019; plaintiffs' rebuttal expert reports to be served by May 31, 2019; expert depositions to be completed by August 31, 2019; briefing schedules on class certification and summary judgment motions to be determined later; motions to remand individual cases to their home districts to be filed within 15 days of the resolution of all motions for summary judgment. I respectfully direct the parties to submit a proposed scheduling order that reflects these deadlines. The parties in the B&R action will confer and submit a proposed discovery schedule that takes the foregoing into account, as well as a proposed motion briefing schedule. (4) The parties will confer on their dispute concerning the depositions of former Chase officers and submit a status report by September 5, 2017. (5) The parties will confer and submit proposed dates for further status conferences to be held approximately every six weeks. (Court Reporter Holly Driscoll.) (Attachments: # 1 Appearances) (Miao, Tiffany) (Entered: 08/24/2017)
NOTICE of Appearance by Blair Eden Kaminsky on behalf of Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (aty to be noticed) (Kaminsky, Blair) (Entered: 08/23/2017)
NOTICE of Appearance by Nancy L. Fineman on behalf of Broadway Grill, Inc. (notification declined or already on case) (Fineman, Nancy) (Entered: 08/17/2017)
Fully Briefed MOTION to Compel 7-11 Letter Motion for an Order Overruling Defendant Bank of America Assertions of Attorney-Client and Work Product Privilege [Redacted] by 7-Eleven Inc.. (Attachments: # 1 Exhibit (s) A through T [Under Seal Slip Sheets] to 7-11 Motion, # 2 Exhibit U to 7-11 Motion, # 3 Exhibit V [Redacted] to 7-11 Motion, # 4 Exhibit (s) W-X [Under Seal Slip Sheets] to 7-11 Motion, # 5 Exhibit Y [Redacted] to 7-11 Motion, # 6 Exhibit Z [Redacted] to 7-11 Motion, # 7 Exhibit AA [Under Seal Slip Sheet] to 7-11 Motion, # 8 Exhibit BB to 7-11 Motion, # 9 Exhibit CC [Under Seal Slip Sheet] to 7-11 Motion, # 10 Exhibit DD to 7-11 Motion, # 11 Exhibit EE [Under Seal Slip Sheet] to 7-11 Motion, # 12 Defendant Bank of America Opposition Letter [Redacted], # 13 Declaration of Mark P. Ladner In Support of Defendant Bank of America Opposition Letter [Redacted], # 14 Exhibit 1 of M. Ladner Declaration, # 15 Exhibit 2 of M. Ladner Declaration [Under Seal Slip Sheet]) (Shinder, Jeffrey) (Entered: 08/17/2017)
Fully Briefed MOTION to Compel 7-11 Letter Motion for an Order Overruling Defendant Bank of America Assertions of Attorney-Client and Work Product Privilege by 7-Eleven Inc.. (Attachments: # 1 Exhibit (s) A -T of 7-11 Motion, # 2 Exhibit (s) U-EE of 7-11 Motion, # 3 Defendant Bank of America Opposition Letter, # 4 Declaration of Mark P. Ladner In Support of Defendant Bank of Americas Opposition Letter, # 5 Exhibit (s) 1-2 of M. Ladner Declaration) (Shinder, Jeffrey) (Entered: 08/17/2017)
MOTION for Leave to Electronically File Document under Seal by 7-Eleven Inc.. (Attachments: # 1 7-11 Letter Motion for an Order Overruling Defendant Bank of Americas Assertions of Attorney-Client and Work Product Privilege, # 2 Exhibit (s) A - T to Letter Motion, # 3 Exhibit (s) U - EE to Letter Motion, # 4 Defendant Bank of Americas Opposition Letter, # 5 Declaration of Mark P. Ladner In Support of Defendant Bank of Americas Opposition Letter, # 6 Exhibit (s) 1-2 of M. Ladner Declaration) (Shinder, Jeffrey) (Entered: 08/17/2017)
Letter to Judge Orenstein regarding Joint Status Report for August 24, 2017 by Plaintiffs in Target Corporation, et al. v. Visa Inc., et al., 13-cv-03477 (Herlihy, Kimberly) (Entered: 08/16/2017)
NOTICE of Appearance by Scott G. Burdine on behalf of Luby's Fuddruckers Restaurants, LLC (notification declined or already on case) (Burdine, Scott) (Entered: 08/14/2017)
NOTICE of Appearance by David Edwards Wynne on behalf of Luby's Fuddruckers Restaurants, LLC (notification declined or already on case) (Wynne, David) (Entered: 08/14/2017)
Letter for Pro Hac Vice Admission of Scott Burdine by Luby's Fuddruckers Restaurants, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Burdine, Scott) (Entered: 08/11/2017)
Letter for Pro Hac Vice Admission of David Wynne by Luby's Fuddruckers Restaurants, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Wynne, David) (Entered: 08/11/2017)
STIPULATION and Proposed Order by Wal-Mart Stores Inc., Wal-Mart Stores, Inc. Associated Cases: 1:05-md-01720-MKB-JO, 1:13-cv-03355-MKB-JO (Hansen, Drew) (Entered: 08/04/2017)
Attached is a certified copy of CTO from the United States Judicial Panel on Multidistrict Litigation ordering the transfer of a case currently pending in your district. Pursuant to this order, your case number 4:17-01049 must be transferred to the Eastern District of New York. Our case number 1:17-cv-04555(MKB)(JO). Please file the attached, certified copy of the CTO in the affected case, and close the case. Please transmit the record of this case to the Eastern District of New York using the CM/ECF Transfer Case utility. (Marziliano, August)
JPMDL Conditional Transfer Order - IT IS THEREFORE ORDERED that this action is transferred to the Eastern District of New York and, with the consent of that court, assigned to the Honorable Margo K. Brodie for inclusion in the coordinated or consolidated pretrial proceedings. (Marziliano, August)
STIPULATION of Dismissal PLAINTIFFS STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE OF ALL CLAIMS by Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (Mason, Robert)
STIPULATION of Dismissal PLAINTIFFS STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE OF ALL CLAIMS by Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (Mason, Robert)
STIPULATION of Dismissal PLAINTIFFS STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE OF ALL CLAIMS by Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (Mason, Robert)
STIPULATION of Dismissal PLAINTIFFS STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE OF ALL CLAIMS by Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (Mason, Robert)
Attached is a certified copy of CTO 27 from the United States Judicial Panel on Multidistrict Litigation ordering the transfer of a case currently pending in your district. Pursuant to this order, your case number 16 CV 4040 must be transferred to the Eastern District of New York. Our case number 1:17-cv-04362(MKB)(JO). Please file the attached, certified copy of the CTO 27 in the affected case, and close the case. Please transmit the record of this case to the Eastern District of New York using the CM/ECF Transfer Case utility. (Marziliano, August)
JPMDL Conditional Transfer Order CTO-27: It appears that the action(s) on this conditional transfer order involve questions of fact that are common to the actions previously transferred to the Eastern District of New York and assigned to Judge Brodie. Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. § 1407 to the Eastern District of New York for the reasons stated in the order of October 19, 2005, and, with the consent of that court, assigned to the Honorable Margo K. Brodie. (Marziliano, August)
NOTICE of Appearance by Steven A. Kanner on behalf of DDMB 2, LLC d/b/a Emporium Logan Square, DDMB, Inc. d/b/a Emporium Arcade Bar, Barry's Cut Rate Stores Inc. (aty to be noticed) (Kanner, Steven)
RESPONSE in Opposition re 7013 Letter MOTION for Protective Order filed by Visa Inc., Visa International Service Association, Visa U.S.A. Inc.. (Ordway, Demian) (Entered: 06/23/2017)
Letter from Rule 23(b)(3) Class Counsel dated June 20, 2017 re Next Status Conference by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Davidoff, Merrill) (Entered: 06/20/2017)
Letter to The Honorable Margo K. Brodie and The Honorable James Orenstein by Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (Mason, Robert)
Joint MOTION for Extension of Time to File joint proposal for future conference dates by Visa Inc., Visa International Service Association, Visa U.S.A. Inc.. (Ordway, Demian)
RESPONSE in Opposition re 6989 Letter MOTION for Leave to File Third Amended Complaint filed by Visa Inc., Visa International Service Association, Visa U.S.A. Inc.. (Shuster, Michael) (Entered: 06/14/2017)
Attached is a certified copy of CTO-26 from the United States Judicial Panel on Multidistrict Litigation ordering the transfer of a case currently pending in your district. Pursuant to this order, your case number 17-0946 must be transferred to the Eastern District of New York. Our case number 17 CV 3531(MKB)(JO). Please file the attached, certified copy of the CTO in the affected case, and close the case. Please transmit the record of this case to the Eastern District of New York using the CM/ECF Transfer Case utility. (Marziliano, August)
JPMDL Conditional Transfer Order CTO-26: Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. § 1407 to the Eastern District of New York for the reasons stated in the order of October 19, 2005, and, with the consent of that court, assigned to the Honorable Margo K. Brodie. (Marziliano, August)
STIPULATION PLAINTIFF E-Z MART STORES, INC.'S STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE OF ALL CLAIMS by Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (Mason, Robert)
NOTICE of Appearance by Nicolas W. Steenland on behalf of Defendants iin civil action National Grocers Association et al v. Visa U.S.A., Inc. et al 05-cv- 5207 JG -JO, Defendants in civil action American Booksellers Association v. Visa U.S.A., Inc. et al 05-cv-5319 JG -JO, Defendants in civil action Harris Stationers, Inc., et al. v. Visa International Service Association, et al. 05-cv-5868 JG-JO, Defendants in civil action Jetro Holding, Inc. et al v. Visa U.S.A., Inc. et al 05-cv-4520 JG-JO, Defendants in civil action Photos Etc. Corp. v. Visa U.S.A., Inc. 05-cv-5071-JG-JO, Defendants in civil actionNational Association of Convenience Stores et al v. Visa U.S.A., Inc. et al 05-cv-4521 JG-JO (notification declined or already on case) (Steenland, Nicolas)
NOTICE of Appearance by Cameron Andrew Tepfer on behalf of BA Merchant Services LLC, Bank Of America, N.A., Bank of America Corporation, MBNA America Bank, N.A. (aty to be noticed) (Tepfer, Cameron)
NOTICE of Appearance by Adam James Hunt on behalf of BA Merchant Services LLC, Bank Of America, N.A., Bank of America Corporation, MBNA America Bank, N.A. (aty to be noticed) (Hunt, Adam)
NOTICE of Appearance by Robert James Baehr on behalf of BA Merchant Services LLC, Bank Of America, N.A., Bank of America Corporation, MBNA America Bank, N.A. (aty to be noticed) (Baehr, Robert)
Minute Entry for proceedings held before Magistrate Judge James Orenstein: Status Conference held on 6/8/2017. SCHEDULING: There are no further conferences scheduled before me at this time. SUMMARY: (1) As discussed on the record, the B&R Supermarket case has not been consolidated with MDL 1720. I will schedule future conferences in the respective matters at consecutive times and try to avoid duplicative discovery but will not otherwise formally coordinate the actions. I respectfully direct the Clerk to disassociate the B&R Supermarket case from the MDL 1720 docket. (2) In MDL 1720, I granted on consent Wal-Mart's request for streamlined briefing of its motion to amend, the Direct Action Plaintiffs withdrew their motion to compel, and I determined that it is premature to decide whether the deposition of Mastercard employee Craig Vosburg. (3) The parties will confer as to scheduling and submit a joint proposal for future conference dates by June 15, 2017. (Court Reporter Sophie Nolan.) (Attachments: # 1 Appearances) Associated Cases: 1:05-md-01720-MKB-JO, 1:17-cv-02738-MKB-JO (Miao, Tiffany) (Entered: 06/08/2017)
MOTION for Leave to Appear Pro Hac Vice of Nicolas W. Steenland Filing fee $ 150, receipt number 0207-9588669. by Defendants iin civil action National Grocers Association et al v. Visa U.S.A., Inc. et al 05-cv- 5207 JG -JO, Defendants in civil action American Booksellers Association v. Visa U.S.A., Inc. et al 05-cv-5319 JG -JO, Defendants in civil action Harris Stationers, Inc., et al. v. Visa International Service Association, et al. 05-cv-5868 JG-JO, Defendants in civil action Jetro Holding, Inc. et al v. Visa U.S.A., Inc. et al 05-cv-4520 JG-JO, Defendants in civil action Photos Etc. Corp. v. Visa U.S.A., Inc. 05-cv-5071-JG-JO, Defendants in civil actionNational Association of Convenience Stores et al v. Visa U.S.A., Inc. et al 05-cv-4521 JG-JO. (Attachments: # 1 N.D. Ga. Certificate of Good Standing, # 2 Proof of Payment) (Steenland, Nicolas)
Letter dated June 8, 2017 from (b)(3) Class Counsel requesting approval of estimated tax payments for the Class I Cash Settlement Fund and the Class II Interchange Settlement Fund by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Davidoff, Merrill)
RESPONSE in Opposition re 6987 Letter MOTION to Compel filed by Wells Fargo & Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (LoBue, Robert) (Entered: 06/07/2017)
STATUS REPORT Joint Status Conference Statement for the B&R Supermarket v. Visa et al action by B & R Supermarket, Inc., Grove Liquors LLC, Palero Food Corp. and Cagueyes Food Corp. d/b/a Fine Fare Supermarket, Strouk Group LLC d/b/a Monsieur Marcel (Attachments: # 1 Exhibit 1 (Motion to Dismiss Order in B&R Supermarket)) Associated Cases: 1:05-md-01720-MKB-JO, 1:17-cv-02738-MKB-JO (Bernay, Alexandra) (Entered: 06/01/2017)
NOTICE of Appearance by Lawrence Dean Goodman on behalf of Grove Liquors LLC, Palero Food Corp. and Cagueyes Food Corp. d/b/a Fine Fare Supermarket, Strouk Group LLC d/b/a Monsieur Marcel (aty to be noticed) (Goodman, Lawrence)
NOTICE of Appearance by Robert J Kuntz, Jr on behalf of Grove Liquors LLC, Palero Food Corp. and Cagueyes Food Corp. d/b/a Fine Fare Supermarket, Strouk Group LLC d/b/a Monsieur Marcel (aty to be noticed) (Kuntz, Robert)
NOTICE of Appearance by John William Devine on behalf of Grove Liquors LLC, Palero Food Corp. and Cagueyes Food Corp. d/b/a Fine Fare Supermarket, Strouk Group LLC d/b/a Monsieur Marcel (aty to be noticed) (Devine, John)
NOTICE of Appearance by Lonnie Anthony Browne on behalf of Grove Liquors LLC, Palero Food Corp. and Cagueyes Food Corp. d/b/a Fine Fare Supermarket, Strouk Group LLC d/b/a Monsieur Marcel (aty to be noticed) (Browne, Lonnie)
NOTICE of Appearance by Thomas E. Egler on behalf of Grove Liquors LLC, Palero Food Corp. and Cagueyes Food Corp. d/b/a Fine Fare Supermarket, Strouk Group LLC d/b/a Monsieur Marcel (aty to be noticed) (Egler, Thomas)
NOTICE of Appearance by Armen Zohrabian on behalf of Grove Liquors LLC, Palero Food Corp. and Cagueyes Food Corp. d/b/a Fine Fare Supermarket, Strouk Group LLC d/b/a Monsieur Marcel (aty to be noticed) (Zohrabian, Armen)
NOTICE of Appearance by George C. Aguilar on behalf of B & R Supermarket, Inc., Grove Liquors LLC, Palero Food Corp. and Cagueyes Food Corp. d/b/a Fine Fare Supermarket, Strouk Group LLC d/b/a Monsieur Marcel (notification declined or already on case) Associated Cases: 1:05-md-01720-MKB-JO, 1:17-cv-02738-MKB-JO (Aguilar, George) (Entered: 06/01/2017)
NOTICE of Appearance by Gregory E. Del Gaizo on behalf of B & R Supermarket, Inc., Grove Liquors LLC, Palero Food Corp. and Cagueyes Food Corp. d/b/a Fine Fare Supermarket, Strouk Group LLC d/b/a Monsieur Marcel (notification declined or already on case) Associated Cases: 1:05-md-01720-MKB-JO, 1:17-cv-02738-MKB-JO (Del Gaizo, Gregory) (Entered: 06/01/2017)
NOTICE of Appearance by James Franklin Herbison on behalf of Discover Financial Services (aty to be noticed) Associated Cases: 1:05-md-01720-MKB-JO, 1:17-cv-02738-MKB-JO (Herbison, James) (Entered: 05/31/2017)
First MOTION for Leave to Appear Pro Hac Vice Katrina Rose Atkins Filing fee $ 150, receipt number 0207-9566977.. (Attachments: # 1 Affidavit Katrina Atkins, # 2 Proposed Order, # 3 Exhibit Certificate of Good Standing) (Atkins, Katrina)
NOTICE of Appearance by David Graham on behalf of Citibank (South Dakota), N.A., Citibank N A (aty to be noticed) Associated Cases: 1:05-md-01720-MKB-JO, 1:17-cv-02738-MKB-JO (Graham, David) (Entered: 05/31/2017)
NOTICE of Appearance by Dana Lynn Cook-Milligan on behalf of Discover Financial Services (aty to be noticed) Associated Cases: 1:05-md-01720-MKB-JO, 1:17-cv-02738-MKB-JO (Cook-Milligan, Dana) (Entered: 05/26/2017)
NOTICE of Appearance by Jeanifer Ellen Parsigian on behalf of Discover Financial Services (aty to be noticed) Associated Cases: 1:05-md-01720-MKB-JO, 1:17-cv-02738-MKB-JO (Parsigian, Jeanifer) (Entered: 05/26/2017)
NOTICE of Appearance by Sean D. Meenan on behalf of Discover Financial Services (aty to be noticed) Associated Cases: 1:05-md-01720-MKB-JO, 1:17-cv-02738-MKB-JO (Meenan, Sean) (Entered: 05/26/2017)
NOTICE of Appearance by Elizabeth P Papez on behalf of Discover Financial Services (aty to be noticed) Associated Cases: 1:05-md-01720-MKB-JO, 1:17-cv-02738-MKB-JO (Papez, Elizabeth) (Entered: 05/26/2017)
Joint MOTION for Leave to File two-page letter reply to interim Rule 23(b)(2) class counsels letter of May 18, 2017 (Dkt. No 6957) by Plaintiffs in Target Corporation, et al. v. Visa Inc., et al., 13-cv-03477. (Attachments: # 1 Exhibit A Reply) (Herlihy, Kimberly)
Letter to the Honorable James Orenstein regarding Plaintiff's Motion to Declassify, agreement in principle by Roundy's Supermarkets, Inc. (Blechman, William)
REPLY in Support re 6952 MOTION to Unseal Document / Letter Motion Declassify Visa's Confidentiality Designations to Certain Documents and Excerpts of Certain Desposition Testimony filed by Roundy's Supermarkets, Inc.. (Blechman, William) (Additional attachment(s) added on 5/22/2017: # 1 UNREDACTED Reply in Support) (Marziliano, August).
REPLY in Support re 6952 MOTION to Unseal Document Roundy's Reply in Support of Motion to Declassify and Unseal by Roundy's Supermarkets, Inc.. (Attachments: # 1 Exhibit) (Blechman, William) Modified on 5/23/2017 (Guy, Alicia).
REPLY in Opposition re 6947 Appeal of Magistrate Judge Decision to District Court this entry replaces DKT No. 6956 filed by Visa Inc., Visa International Service Association, Visa U.S.A. Inc.. (Mason, Robert)
REPLY in Opposition re 6947 Appeal of Magistrate Judge Decision to District Court filed by Equitable Relief Class. (Attachments: # 1 Exhibit A) (Eisler, Robert)
Letter to The Honorable Margo Brodie re: Reponse to plaintiff's 05/14/2017 letter filed in objection to Judge Orenstein's 04/20/2017 order. by Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (Mason, Robert)
RESPONSE in Opposition re 6952 MOTION to Unseal Document by Visa Inc., Visa International Service Association, Visa U.S.A. Inc.. (Attachments: # 1 Exhibit - Opposition to Letter Motion (with Exhibits)) (Mason, Robert) Modified on 5/23/2017 (Guy, Alicia).
STIPULATION PLAINTIFFS JACKSONS FOOD STORES, INC.'S AND PACWEST ENERGY LLC'S STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE OF ALL CLAIMS by Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (Mason, Robert)
Letter MOTION for Leave to File an opposition of up to six pages in response to Plaintiff Roundys Supermarkets, Inc.s May 11, 2017 Motion by Visa Inc., Visa International Service Association, Visa U.S.A. Inc.. (Mason, Robert)
Letter to the Honorable James Orenstein requesting leave to file a letter motion of six (6) pages with attachments by Roundy's Supermarkets, Inc. (Blechman, William)
NOTICE of Appearance by Neal Manne on behalf of Wal-Mart Stores Inc. (aty to be noticed) Associated Cases: 1:05-md-01720-MKB-JO, 1:13-cv-03355-MKB-JO (Manne, Neal) (Entered: 05/05/2017)
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Home Depot U.S.A., Inc. re 6929 Status Conference,,,,, (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Olson, Steig)
EXHIBIT A to Letter on behalf of Direct Action Plaintiffs supplementing arguments addressed at the April 20, 2017 status conference (Previously Served on All Counsel via File & Serve) Dkt. No.6939 [UNDER SEAL] by 7-Eleven Inc.. (Shinder, Jeffrey)
NOTICE of Appearance by Laura J. Butte on behalf of Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (aty to be noticed) (Butte, Laura)
Letter on behalf of Direct Action Plaintiffs supplementing arguments addressed at the April 20, 2017 status conference by 7-Eleven Inc. (Attachments: # 1 Exhibit A Slipsheet) (Shinder, Jeffrey)
Letter From Peter E. Greene On Behalf Of Defendants To Honorable James Orenstein, Supplementing Arguments Addressed At The April 20, 2017 Status Conference, Filed by Chase Bank USA, N.A., Chase Paymentech Solutions, LLC, JP Morgan Chase & Co. (Attachments: # 1 Exhibit 1 ( Photos Etc. Corporations Objections And Answers)) (Greene, Peter)
Letter on behalf of Rule 23(b)(3) Class Plaintiffs supplementing arguments addressed at the April 20, 2017 status conference by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Wildfang, K.)
MOTION for Leave to Appear Pro Hac Vice Receipt Number 4653114194 $150.00 by Wal-Mart Stores, Inc.. (Marziliano, August) Modified on 4/27/2017 (Marziliano, August).
NOTICE of Appearance by Amanda McMurray Roe on behalf of Plaintiffs in Target Corporation, et al. v. Visa Inc., et al., 13-cv-03477 (notification declined or already on case) (McMurray Roe, Amanda)
NOTICE of Appearance by Drew Hansen on behalf of Wal-Mart Stores Inc. (aty to be noticed) Associated Cases: 1:05-md-01720-MKB-JO, 1:13-cv-03355-MKB-JO (Hansen, Drew) (Entered: 04/26/2017)
NOTICE of Appearance by Paul Eric Chaffin on behalf of Mastercard Incorporated, Mastercard International Incorporated (aty to be noticed) (Chaffin, Paul)
MOTION for Leave to Appear Pro Hac Vice Amanda McMurrayRoe Filing fee $ 150, receipt number 0207-9466567. by Plaintiffs in Target Corporation, et al. v. Visa Inc., et al., 13-cv-03477. (Attachments: # 1 Certificate of Service Certificate Of Good Standing, Amanda McMurray Roe) (McMurray Roe, Amanda)
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 4/20/2017. SCHEDULING: The next status conference will be held on June 8, 2017, at 2:00 p.m. SUMMARY: (1) I will enter the proposed orders regarding the File & Serve system and third party claims filing companies as requested in the parties' joint status reports. (2) The motion by Cardtronics USA, Inc. is not yet ripe for review. I will terminate the motion without prejudice to renewal if the parties are unable to resolve the matter on consent. (3) The motion to stay depositions, docket entry 6734, is moot. (4)For the reasons set forth on the record, I denied the motion by the Direct Action plaintiffs (docket entry 6897) to amend the order appointing interim class counsel. (5) I discussed with the parties the motion by The Home Depot. DE 6921, to compel disclosures responsive to an interrogatory. Based on the discussion, the parties will attempt to work out the dispute without the need for further litigation; I will therefore terminate the motion without prejudice to renewal. (6)I heard the parties' arguments on the pending motions to amend the several plaintiffs' complaints and reserved decision. The parties may submit supplemental letters addressing matters raised at today's argument by April 27, 2017. (Court Reporter Stacy Mace (718) 613-2489) (Attachments: # 1 Appearances) (Guy, Alicia) (Entered: 04/21/2017)
Letter response to The Home Depot's Motion Regarding Interrogatory Responses (DE 6919-1) by Mastercard Incorporated, Mastercard International Incorporated (Attachments: # 1 Exhibit 1) (Carney, Gary)
REDACTION re [DKT 6879][DKT 6880-6] by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Attachments: # 1 Exhibit REDACTED Exhibit Nos. 1-12 to Declaration of Ryan W. Marth in Further Support of Rule 23(b)(3) Class Plaintiffs' Motion for Leave to Amend Complaint) (Wildfang, K.)
REDACTION re [DKT 6878] Rule 23(b)(3) Class Plaintiffs Third Consolidated Amended Class Action Complaint by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Wildfang, K.)
NOTICE of Appearance by Peter Abraham Nelson on behalf of Wachovia Bank, NA., Wachovia Corporation, Wells Fargo & Company (aty to be noticed) (Nelson, Peter)
STATUS REPORT Fifth Status Report Regarding Third-Party Claims-Filing Companies as Ordered by the Court by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Bernay, Alexandra)
MOTION for Leave to Electronically File Document under Seal by Home Depot U.S.A., Inc.. (Attachments: # 1 Motion Regarding Interrogatory Responses with Exhibits) (Olson, Steig)
NOTICE of Appearance by Terra Hittson on behalf of Wachovia Bank, NA., Wachovia Corporation, Wells Fargo & Company (aty to be noticed) (Hittson, Terra)
NOTICE of Appearance by Jayme Alyse Jonat on behalf of Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (aty to be noticed) (Jonat, Jayme)
NOTICE of Appearance by Robert J. Morrow on behalf of Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (aty to be noticed) (Morrow, Robert)
NOTICE of Appearance by Zachary Adam Kerner on behalf of Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (aty to be noticed) (Kerner, Zachary)
Joint MOTION for Extension of Time to File Cardtronics's motion and Network Defendants' response by Visa Inc., Visa International Service Association, Visa U.S.A. Inc.. (Ordway, Demian)
NOTICE of Appearance by Stephen Shackelford, Jr on behalf of Wal-Mart Stores Inc. (aty to be noticed) Associated Cases: 1:05-md-01720-MKB-JO, 1:13-cv-03355-MKB-JO (Shackelford, Stephen) (Entered: 04/11/2017)
RESPONSE to Motion re 6897 Letter MOTION to Amend/Correct/Supplement Order Concerning Role of Equitable Relief Class Counsel filed by Wal-Mart Stores, Inc.. (Comerford, John) (Entered: 04/10/2017)
RESPONSE to Motion re 6897 Letter MOTION to Amend/Correct/Supplement Order Concerning Role of Equitable Relief Class Counsel filed by CMP Consulting Serv., Inc., DDMB 2, LLC d/b/a Emporium Logan Square, DDMB, Inc. d/b/a Emporium Arcade Bar, Barry's Cut Rate Stores Inc., Boss Dental Care PLLC, Generic Depot 3, Inc. d/b/a Prescription Depot, PureOne, LLC d/b/a Salon Pure, Runcentral, LLC, Town Kitchen, LLC d/b/a Town Kitchen & Bar. (Eisler, Robert) (Entered: 04/10/2017)
Fully Briefed MOTION for Leave to File Fifth Amended Complaint for Plaintiff Roundy's Supermarkets, Inc. by Roundy's Supermarkets, Inc.. (Attachments: # 1 Memorandum in Opposition, # 2 Plaintiff Roundy's Supermarkets, Inc.'s Reply to Defendants' Opposition to Plaintiffs' Motion for Leave to Amend) (Blechman, William)
NOTICE of Appearance by Arun Srinivas Subramanian on behalf of Wal-Mart Stores Inc. (aty to be noticed) Associated Cases: 1:05-md-01720-MKB-JO, 1:13-cv-03355-MKB-JO (Subramanian, Arun) (Entered: 04/07/2017)
NOTICE of Appearance by Mark Howard Hatch-Miller on behalf of Wal-Mart Stores Inc. (aty to be noticed) Associated Cases: 1:05-md-01720-MKB-JO, 1:13-cv-03355-MKB-JO (Hatch-Miller, Mark) (Entered: 04/07/2017)
NOTICE of Appearance by Cory Spencer Buland on behalf of Wal-Mart Stores Inc. (aty to be noticed) Associated Cases: 1:05-md-01720-MKB-JO, 1:13-cv-03355-MKB-JO (Buland, Cory) (Entered: 04/07/2017)
Letter MOTION for Extension of Time to File Response/Reply to Defendants' Opposition to Plaintiffs' Motion for Leave to Amend by Roundy's Supermarkets, Inc.. (Blechman, William)
Letter from (b)(3) Class Counsel requesting approval of estimated tax payments for the Class I Cash Settlement Fund and the Class II Interchange Settlement Fund by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Davidoff, Merrill)
EXHIBIT A to 7-Eleven Plaintiffs Motion for Leave to File Am. Complaint (Previously Served on All Counsel via File & Serve) Dkt. No. 6884 [UNDER SEAL] by 7-Eleven Inc.. (Attachments: # 1 Exhibit B. Redline Am. Complaint) Associated Cases: 1:05-md-01720-MKB-JO, 1:13-cv-05746-MKB-JO (Shinder, Jeffrey) (Entered: 04/04/2017)
EXHIBIT Joint Exhibit of 7-Eleven, Target And Home Depot Plaintiffs To Memorandum In Support Of Relation Back And American Pipe by Plaintiffs in Target Corporation, et al. v. Visa Inc., et al., 13-cv-03477. Related document: 6890 Sealed, Memorandum in Support filed by Plaintiffs in Target Corporation, et al. v. Visa Inc., et al., 13-cv-03477, 6882 MOTION for Leave to Electronically File Document under Seal filed by 7-Eleven Inc., 6888 Memorandum in Support, Sealed filed by Home Depot U.S.A., Inc.. (Wilson, James)
COMPLAINT Equitable Relief Class Action Complaint against Capital One Bank, (USA), N.A., Capital One F S B, Capital One Financial Corp, Chase Bank USA, N.A., Chase Manhattan Bank USA, N.A., Chase Paymentech Solutions, LLC, Citibank (South Dakota), N.A., Citibank N A, Citicorp, Citigroup Inc, BA Merchant Services LLC, Bank Of America, N.A., Bank of America Corporation, Barclays Bank Delaware, Barclays Bank PLC, Barclays Financial Corp., JP Morgan Chase & Co., JP Morgan Chase Bank, N.A., Mastercard Incorporated, Mastercard International Incorporated, Visa Inc., Wells Fargo & Company, filed by CMP Consulting Serv., Inc., DDMB 2, LLC d/b/a Emporium Logan Square, DDMB, Inc. d/b/a Emporium Arcade Bar, Barry's Cut Rate Stores Inc., Boss Dental Care PLLC, Generic Depot 3, Inc. d/b/a Prescription Depot, PureOne, LLC d/b/a Salon Pure, Runcentral, LLC, Town Kitchen, LLC d/b/a Town Kitchen & Bar. (Marziliano, August) Modified on 4/4/2017 (Marziliano, August). Modified on 4/4/2017 (Marziliano, August).
EXHIBIT Joint Exhibit Of 7-Eleven, Target And Home Depot Plaintiffs To Memorandum In Support Of Relation Back And American Pipe by Plaintiffs in Target Corporation, et al. v. Visa Inc., et al., 13-cv-03477. Related document: 6890 Sealed, Memorandum in Support filed by Plaintiffs in Target Corporation, et al. v. Visa Inc., et al., 13-cv-03477, 6884 Fully Briefed MOTION to Amend/Correct/Supplement Complaint filed by 7-Eleven Inc., 6882 MOTION for Leave to Electronically File Document under Seal filed by 7-Eleven Inc., 6888 Memorandum in Support, Sealed filed by Home Depot U.S.A., Inc.. (Attachments: # 1 Exhibit A-L, # 2 Exhibit M-Z, # 3 Exhibit AA-SS (part 1), # 4 Exhibit AA-SS (part 2), # 5 Exhibit AA-SS (part 3), # 6 Exhibit AA-SS (part 4), # 7 Exhibit AA-SS (part 5), # 8 Exhibit AA-SS (part 6)) (Wilson, James)
MEMORANDUM in Support of Motion For Leave To File Second Amended Complaint filed by Plaintiffs in Target Corporation, et al. v. Visa Inc., et al., 13-cv-03477. (Wilson, James)
Fully Briefed MOTION for Leave to File First Amended Complaint by Plaintiffs in Delta Airlines Inc et al v. Visa Inc et al, 1:13-cv-04766-JG-JO. (Attachments: # 1 Exhibit A (Proposed Delta First Amended Complaint, As to Plaintiffs Ricker Oil Company, Inc. and Blarney Castle Oil Co. ONLY), # 2 Memorandum in Opposition, # 3 Exhibit 1 to Memorandum in Opposition, # 4 Exhibit 2 to Memorandum in Opposition, # 5 Exhibit 3 to Memorandum in Opposition, # 6 Exhibit 4 to Memorandum in Opposition, # 7 Exhibit 5 to Memorandum in Opposition, # 8 Plaintiffs' Reply Letter in Support of Motion for Leave to File First Amended Complaint) (Norman, Richard)
Fully Briefed MOTION for Leave to File Amended Complaint by Casey's General Stores. (Attachments: # 1 Exhibit Proposed Amended Complaint for Casey's, # 2 Memorandum in Opposition, # 3 Exhibit 1 to Memorandum in Opposition, # 4 Exhibit 2 to Memorandum in Opposition, # 5 Exhibit 3 to Memorandum in Opposition, # 6 Exhibit 4 to Memorandum in Opposition, # 7 Exhibit 5 to Memorandum in Opposition, # 8 Memorandum in Support Reply) (Hatch, Brent)
Fully Briefed MOTION for Leave to File Amended Complaint by American Eagle Outfitters, Inc.. (Attachments: # 1 Memorandum in Support of Motion for Leave to Amend Complaint, # 2 Exhibit A to Memo. in Support, # 3 Exhibit B to Memo. in Support, # 4 Memorandum in Opposition, # 5 Exhibit 1 to Memo. in Opposition, # 6 Exhibit 2 to Memo. in Opposition, # 7 Exhibit 3 to Memo. in Opposition, # 8 Exhibit 4 to Memo. in Opposition, # 9 Exhibit 5 to Memo. in Opposition, # 10 Letter Reply in Support of Motion for Leave to Amend Complaint) Associated Cases: 1:05-md-01720-MKB-JO, 1:14-cv-00321-MKB-JO (Victoria, Richard) (Entered: 03/31/2017)
MOTION for Leave to Electronically File Document under Seal by Home Depot U.S.A., Inc.. (Attachments: # 1 Exhibit A- Memorandum of Law In Support of The Home Depot's Motion For Leave To Amend and Relation Back) (Olson, Steig)
MOTION for Leave to Electronically File Document under Seal by 7-Eleven Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B) Associated Cases: 1:05-md-01720-MKB-JO, 1:13-cv-05746-MKB-JO (Shinder, Jeffrey) (Entered: 03/31/2017)
Fully Briefed MOTION for Leave to File Second Amended Complaint by Plaintiffs in Target Corporation, et al. v. Visa Inc., et al., 13-cv-03477. (Attachments: # 1 Exhibit Memorandum Concerning Relation Back And American Pipe Tolling As to Target Plaintiffs' Second Amended Complaint, # 2 Exhibit Defendants' Memorandum In OppositionTo Plaintiffs' Motions For Leave To Amend, # 3 Exhibit Target Plaintiffs' Reply Memorandum Concerning Relation Back And American Pipe Tolling As To Target Plaintiffs' Second Amended Complaint) (Wilson, James)
Fully Briefed MOTION to Amend/Correct/Supplement Complaint - on behalf of all parties by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Memorandum in Opposition, # 4 Exhibit Nos. 1-5, # 5 Memorandum in Support - Reply Memorandum, # 6 Declaration of Ryan W. Marth in Support of Reply Memorandum) (Wildfang, K.)
MOTION for Leave to Electronically File Document under Seal by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation. (Attachments: # 1 Exhibit Nos. 1-12 to Declaration of Ryan W. Marth in Further Support of Rule 23(b)(3) Class Plaintiffs' Motion for Leave to Amend Complaint [UNDER SEAL]) (Wildfang, K.)
MOTION for Leave to Electronically File Document under Seal by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation. (Attachments: # 1 Attachment to Rule 23(b)(3) Class Plaintiffs' Memorandum of Law in Support of Motion for Leave to Amend Complaint [UNDER SEAL]) (Wildfang, K.)
Fully Briefed MOTION for Leave to File Amended Complaints by Tedeschi Food Shops, Inc.. (Attachments: # 1 Exhibit A (Proposed Au Energy Second Amended Complaint), # 2 Exhibit B (Proposed Tedeschi Second Amended Complaint), # 3 Memorandum in Opposition, # 4 Exhibit 1 to Memorandum in Opposition, # 5 Exhibit 2 to Memorandum in Opposition, # 6 Exhibit 3 to Memorandum in Opposition, # 7 Exhibit 4 to Memorandum in Opposition, # 8 Exhibit 5 to Memorandum in Opposition, # 9 Plaintiffs' Reply Letter in Support of Motion for Leave to File Amended Complaints) (Evangelista, James)
Letter MOTION for Leave to File Amended Complaint by Aloha Petroleum Ltd, Sunoco Inc. (R&M), Sunoco, Inc. (R&M). (Attachments: # 1 DEFENDANTS MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS MOTIONS FOR LEAVE TO AMEND, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5) Associated Cases: 1:05-md-01720-MKB-JO, 1:14-cv-05800-MKB-JO (Young, Arthur) (Entered: 03/30/2017)
MOTION for Leave to Appear Pro Hac Vice Steven A. Kanner Filing fee $ 150, receipt number 0207-9387230. by DDMB 2, LLC d/b/a Emporium Logan Square, DDMB, Inc. d/b/a Emporium Arcade Bar. (Attachments: # 1 Proposed Order, # 2 Affidavit, # 3 Certificate of Good Standing) (Kanner, Steven)
MOTION for Leave to Appear Pro Hac Vice for Kevin Love Filing fee $ 150, receipt number 0207-9370350. by Runcentral, LLC. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Love, Kevin)
NOTICE of Appearance by Robert S. Jones on behalf of Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (aty to be noticed) (Jones, Robert)
NOTICE of Appearance by Rosemary Szanyi on behalf of Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (aty to be noticed) (Szanyi, Rosemary)
Letter dated February 24, 2017 from (b)(3) Class Counsel requesting approval of tax payment for the Class I Cash Settlement Fund by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Davidoff, Merrill)
MOTION for Leave to Electronically File Document under Seal by CMP Consulting Serv., Inc., DDMB 2, LLC d/b/a Emporium Logan Square, DDMB, Inc. d/b/a Emporium Arcade Bar, Boss Dental Care PLLC, Generic Depot 3, Inc. d/b/a Prescription Depot, PureOne, LLC d/b/a Salon Pure, Runcentral, LLC, Town Kitchen, LLC d/b/a Town Kitchen & Bar. (Attachments: # 1 Exhibit A - [Proposed] Equitable Relief Class Action Complaint) (Eisler, Robert) (Entered: 02/08/2017)
Letter from Rule 23(b)(3) Class Plaintiffs' Counsel re modification to February 7, 2017 Text Entry Scheduling Order by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Wildfang, K.)
Letter MOTION for Leave to File Second Amended Complaints by Calloway Oil Company, E-Z Stop Foodmarts, Inc., Tedeschi Food Shops, Inc.. (Attachments: # 1 Exhibit A (Second Amended Complaint by Au Energy, LLC, et al.), # 2 Exhibit B (Second Amended Complaint by Tedeschi Food Shops, Inc.)) (Evangelista, James)
Letter to Judge Orenstein on behalf of all defendants in response to February 3, 2017 order by Mastercard Incorporated, Mastercard International Incorporated (Gallo, Kenneth)
Letter Dated January 31, 2017 from (b)(3) Class Counsel to Judge Brodie and Magistrate Judge Orenstein re Approval of Payment of Interchange Escrow Account Custodial Fees by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Attachments: # 1 Attachment) (Davidoff, Merrill)
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9244919. by National City Bank of Kentucky, National City Corporation, PNC Bank National Association. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Egler, Frederick)
STIPULATION of Dismissal by National Community Pharmacists Association Associated Cases: 1:05-md-01720-MKB-JO, 1:13-cv-03074-MKB-JO, 1:13-cv-05746-MKB-JO (Shinder, Jeffrey) (Entered: 01/27/2017)
Letter from Damages Class Counsel and counsel for Electronic Payment Systems, LLC re: EPS status by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Bernay, Alexandra)
NOTICE of Appearance by Benjamin W. Thorpe on behalf of Home Depot U.S.A Inc (aty to be noticed) Associated Cases: 1:05-md-01720-MKB-JO, 1:16-cv-05507-MKB-JO (Thorpe, Benjamin) (Entered: 01/17/2017)
NOTICE of Appearance by Frank M. Lowrey on behalf of Home Depot U.S.A Inc (notification declined or already on case) Associated Cases: 1:05-md-01720-MKB-JO, 1:16-cv-05507-MKB-JO (Lowrey, Frank) (Entered: 01/17/2017)
NOTICE of Appearance by Ronan P. Doherty on behalf of Home Depot U.S.A Inc (notification declined or already on case) Associated Cases: 1:05-md-01720-MKB-JO, 1:16-cv-05507-MKB-JO (Doherty, Ronan) (Entered: 01/17/2017)
NOTICE of Appearance by Sherli Shamtoub on behalf of Little Pub Holdings, LLC, Tavern Hospitality Group Holdings, LLC d/b/a Tavern Hospitality Group (aty to be noticed) (Shamtoub, Sherli)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 01/05/2017, before Judge Orenstein. Court Reporter/Transcriber Anthony Mancuso, Telephone number 718-613-2419. Email address: anthonymancuso65@msn.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/26/2017. Redacted Transcript Deadline set for 2/6/2017. Release of Transcript Restriction set for 4/5/2017. Associated Cases: 1:05-md-01720-MKB-JO et al. (Mancuso, Anthony) (Entered: 01/05/2017)
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 1/5/2017. (1) After hearing the arguments of counsel and reviewing all of the written submissions, and upon consideration of the putative Damages Class's revised request for relief (a copy of which I respectfully direct counsel to file on the docket), I ordered EPS, in lieu of any other sanction, to reimburse the putative Damages Class for the reasonable expenses (excluding attorneys' fees, which the putative class has waived) incurred since January 7, 2015, in connection with the litigation of matters relating to EPS. The Damages Class and EPS shall confer in an attempt to agree on the specific amount to be reimbursed; should they disagree as to the amount, the Damages Class will submit its request by January 19, 2017, and EPS will submit its response by January 26, 2017. Should EPS seek review of the foregoing ruling pursuant to Federal Rule of Civil Procedure 72, the foregoing deadlines, as well as the underlying reimbursement order, will be stayed pending resolution of that review. Because I conclude that the reimbursement ordered above obviates the need for any additional sanction, I note that should the court on review determine that reimbursement is not an available remedy, I will reconsider whether some other sanction should be imposed instead. (2) I further respectfully recommend that the court require EPS to resume providing monthly reports to the Damages Class counsel regarding its Merchant Reimbursement Program, and that the parties submit a status report on the continuing need for such monitoring after one year. (Orenstein, James)
NOTICE of Appearance by Geoffrey Holmes Kozen on behalf of CHS Inc., Capital Audio Electronics, Inc., Crystal Rock LLC, Leons Transmission Service, Inc, Payless Shoe Source, Inc., Traditions, Ltd (aty to be noticed) (Kozen, Geoffrey)
NOTICE of Appearance by Michelle Katherine Parikh on behalf of Mastercard Incorporated, Mastercard International Incorporated (aty to be noticed) (Parikh, Michelle)
MOTION to Withdraw as Attorney by Landers Auto Group No. 1 d/b/a Landers Scion, Landers Auto Group No. 1 d/b/a Landers Toyota. (Attachments: # 1 Declaration in Support of Motion to Withdraw as Counsel) (Cuneo, Jonathan)
Letter to Magistrate Judge Orenstein on behalf of Equitable Relief Class Plaintiffs regarding proposed schedule for proposed complaints by Boss Dental Care PLLC (Shadowen, Steve)
Letter to Magistrate Judge Orenstein on behalf of Individual Plaintiffs regarding proposed schedule for proposed amended complaints by 7-Eleven Inc. (Shinder, Jeffrey)
Letter to Magistrate Judge Orenstein on behalf of b(3) Class Counsel regarding proposed schedule for proposed amended complaints by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Wildfang, K.)
NOTICE of Appearance by David Alan Scupp on behalf of 7-Eleven Inc. (aty to be noticed) Associated Cases: 1:05-md-01720-MKB-JO, 1:13-cv-05746-MKB-JO (Scupp, David) (Entered: 12/15/2016)
NOTICE of Appearance by Karen Otto on behalf of Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (notification declined or already on case) (Otto, Karen)
MOTION to Withdraw as Attorney by Landers Auto Group No. 1 d/b/a Landers Toyota. (Attachments: # 1 Declaration in Support of Motion to Withdraw as Counsel) (Gil-Montllor, Peter)
MOTION for Leave to Appear Pro Hac Vice Of Jessica Spradling Russell Filing fee $ 150, receipt number 0207-9141984. by Sunoco, Inc. (R&M). (Attachments: # 1 Certificate Of Good Standing-California, # 2 Certificate Of Good Standing-Massachusetts) (Russell, Jessica)
NOTICE of Appearance by Ron Ghatan on behalf of Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (notification declined or already on case) (Ghatan, Ron)
ORDER granting 6802 Motion for Leave to Appear Pro Hac Vice -- Attorney Ron A. Ghatan, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By December 21, 2016, Mr. Ghatan shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Ghatan shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Ghatan shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/14/2016. (Klewin, Erin)
NOTICE of Appearance by Heather C. Milligan on behalf of Mastercard Incorporated, Mastercard International Incorporated (notification declined or already on case) (Milligan, Heather)
ORDER granting 6782 Motion for Leave to Appear Pro Hac Vice -- Attorney Heather C. Milligan, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By December 21, 2016, Ms. Milligan shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Milligan shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Milligan shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/14/2016. (Klewin, Erin)
MOTION for Leave to Appear Pro Hac Vice Michael J. Freed Filing fee $ 150, receipt number 0207-9138928. by Boss Dental Care PLLC. (Attachments: # 1 Proposed Order, # 2 Affidavit, # 3 Certificate of Good Standing) (Freed, Michael)
MOTION for Leave to Appear Pro Hac Vice Brian M. Hogan Filing fee $ 150, receipt number 0207-9138870. by Boss Dental Care PLLC. (Attachments: # 1 Proposed Order, # 2 Affidavit, # 3 Certificate of Good Standing) (Hogan, Brian)
MOTION for Leave to Appear Pro Hac Vice Robert J. Wozniak Filing fee $ 150, receipt number 0207-9138243. by Boss Dental Care PLLC. (Attachments: # 1 Proposed Order, # 2 Affidavit, # 3 Certificate of Good Standing) (Wozniak, Robert) Modified on 12/14/2016 (Barrett, C).
NOTICE of Appearance by Leigh-Anne St. Charles on behalf of Visa Inc., Visa International Service Association, Visa U.S.A. Inc. (notification declined or already on case) (St. Charles, Leigh-Anne)
Letter in response to Court's inquiry at the December 8, 2016 status conference and to further advise Court of efforts to resolve Ms. Ravelo's motion to intervene and unseal by Keila Ravelo (Goodman, Jake)
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9135491. by Visa Inc., Visa International Service Association, Visa U.S.A. Inc.. (Attachments: # 1 Proposed Order, # 2 Affidavit, # 3 Cert of Good Standing DC., # 4 Cert of Good Standing MA) (Ghatan, Ron)
NOTICE of Appearance by Zachary Dietert on behalf of Mastercard Incorporated, Mastercard International Incorporated (notification declined or already on case) (Dietert, Zachary)
ORDER granting 6795 Motion for Leave to Appear Pro Hac Vice -- Attorney Karen C. Otto, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By December 19, 2016, Ms. Otto shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Otto shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Otto shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/12/2016. (Klewin, Erin)
ORDER granting 6794 Motion for Leave to Appear Pro Hac Vice -- Attorney Leigh Anne St. Charles-O'Brien, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By December 19, 2016, Ms. St. Charles-O'Brien shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. St. Charles-O'Brien shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ms. St. Charles-O'Brien shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/12/2016. (Klewin, Erin)
ORDER granting 6788 Motion for Leave to Appear Pro Hac Vice -- Attorney Zachary A. Dietert, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By December 19, 2016, Mr. Dietert shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Dietert shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Dietert shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/12/2016. (Klewin, Erin)
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9131588. by Visa Inc., Visa International Service Association, Visa U.S.A. Inc.. (Attachments: # 1 Proposed Order, # 2 Affidavit in support of motion, # 3 Cert of Good Standing DC.) (Otto, Karen)
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9130978. by Visa Inc., Visa International Service Association, Visa U.S.A. Inc.. (Attachments: # 1 Proposed Order, # 2 Affidavit in support of motion, # 3 Cert of Good Standing DC.) (St. Charles, Leigh-Anne)
Letter from (b)(3) Class Counsel requesting approval of estimated tax payments for the Class I Cash Settlement Fund and the Class II Interchange Settlement Fund by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Davidoff, Merrill)
AFFIDAVIT/DECLARATION in Support re 6788 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9126462. filed by Mastercard Incorporated, Mastercard International Incorporated. (Attachments: # 1 D.C. Certificate of Good Standing, # 2 NY Certificate of Good Standing) (Dietert, Zachary) (Entered: 12/09/2016)
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9126462. by Mastercard Incorporated, Mastercard International Incorporated. (Attachments: # 1 Proposed Order) (Dietert, Zachary)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/8/2016, before Judge James Orenstein. Court Reporter/Transcriber anthonymancuso, Telephone number 718-613-2419. Email address: anthonymancuso65@msn.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 12/30/2016. Redacted Transcript Deadline set for 1/9/2017. Release of Transcript Restriction set for 3/9/2017. Associated Cases: 1:05-md-01720-MKB-JO et al. (Mancuso, Anthony) (Entered: 12/09/2016)
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 12/8/2016. SCHEDULING: (1) The next status conference will be held on January 5, 2017, at 10:30 a.m. (2) A further status conference will be held on February 9, 2017, at 2:00 p.m. (3) A further status conference will be held on April 13, 2017, at 2:00 p.m. SUMMARY: (1) The parties will confer and will submit, by December 16, 2016, either a joint proposal or competing proposals for (a) a consolidated briefing schedule for the pending motions to file amended complaints, (b) a schedule for the class plaintiffs to file proposed amended pleadings, and (c) any alterations to the deposition schedule necessary to accommodate the amendment process. (2) The conference scheduled for January 5, 2017, will address the motion for sanctions against non-party EPS; only counsel for the parties to that dispute need attend. (Court Reporter Anthony Mancuso. Telephone (718) 613-2419) (Attachments: # 1 Appearances) (Guy, Alicia)
NOTICE of Appearance by John D. Comerford on behalf of Wal-Mart Stores, Inc. (aty to be noticed) Associated Cases: 1:05-md-01720-MKB-JO, 1:13-cv-03355-MKB-JO, 1:14-cv-02318-MKB-JO (Comerford, John) (Entered: 12/08/2016)
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