Court filing
Joint Stipulation and [Proposed] Order Regarding Case Schedule… — United States v. Visa Inc. and Plaid Inc. (Dkt. 62)
Record facts
| Court | U.S. District Court for the Northern District of California |
|---|---|
| Filed | 2020-12-18 |
U.S. District Court for the Northern District of California · No. 4:20-cv-07810-JSW · Doc. 62 · 2020-12-18 · Docket on CourtListener
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JOINT STIPULATION AND [PROPOSED] ORDER
Case No. 4:20-cv-07810-JSW
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JOHN R. READ (DC Bar #419373)
john.read@doj.gov
MEAGAN K. BELLSHAW (CA Bar #257875)
meagan.bellshaw@usdoj.gov
CORY BRADER LEUCHTEN (NY Bar # 5118732)
cory.leuchten@usdoj.gov
United States Department of Justice, Antitrust Division
450 Fifth Street, NW, Suite 4000
Washington, DC 20530
Telephone: (202) 307-0468
Facsimile: (202) 514-7308
Attorneys for Plaintiff United States
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
UNITED STATES OF AMERICA,
Plaintiff
v.
VISA INC. and PLAID INC.,
Defendants.
Case No. 4:20-cv-07810-JSW
JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
CASE SCHEDULE
Date: December 18, 2020
Time: 11 a.m.
Judge: Hon. Jeffrey S. White
Pursuant to the Court’s December 15, 2020, Order, the Parties have met and conferred
regarding a trial date and pretrial schedule. The Parties jointly recommend a trial date of June
28, 2021.
Defendants understand the Court’s Order to instruct the Parties to select a date for the
pretrial conference three weeks in advance of the trial date. The United States agrees with
Defendants’ reading of the Court’s Order but also understands that the Court’s Order could be
read to direct the Parties to propose a date for pretrial submissions, e.g. the Parties’ joint
proposed final pretrial conference order, three weeks in advance of trial. The Parties respectfully
Case 4:20-cv-07810-JSW Document 62 Filed 12/18/20 Page 1 of 8
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JOINT STIPULATION AND [PROPOSED] ORDER
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request clarification as to the meaning of the Court’s December 15 Order.
It is the Parties’ intention to comply with the Court’s normal pretrial schedule without
modification. Accordingly, the Parties have agreed upon and jointly recommend two alternative
schedules, and respectfully request the Court adopt the pretrial schedule that is consistent with its
normal schedule: (i) Schedule #1 below, with a pretrial conference one week before trial, on June
21, and pretrial submissions three weeks in advance of trial, on June 7; or (ii) Schedule #2,
below, with a pretrial conference three weeks in advance of trial, on June 21.
Event
Schedule #1
Schedule #2
The United States serves Rule 26(a)(1)
Initial Disclosures
December 17, 2020
December 17, 2020
Defendant Visa to supplement Rule
26(a)(1) Initial Disclosures
3 days after receipt
of Plaintiffs’
Investigative File
3 days after receipt
of Plaintiffs’
Investigative File
Deadline to file dispositive motions
January 8, 2021
January 8, 2021
Parties exchange preliminary trial
witness lists
January 15, 2021
January 19, 2021
Parties exchange final trial witness lists
February 26, 2021
March 12, 2021
Close of fact discovery
March 5, 2021
March 17, 2021
Close of Supplemental Discovery
March 19, 2021
March 24, 2021
Parties serve Rule 26(a)(2)(B) initial
expert witness disclosures that contain
complete statements of all opinions the
witness will express and the basis and
reasons for those opinions
March 24, 2021
March 26, 2021
Case 4:20-cv-07810-JSW Document 62 Filed 12/18/20 Page 2 of 8
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JOINT STIPULATION AND [PROPOSED] ORDER
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Event
Schedule #1
Schedule #2
Parties serve Rule 26(a)(2)(D)(ii)
expert witness disclosures that are
intended solely to contradict or rebut
evidence on the same subject matter
identified by another Party under Rule
26(a)(2)(B)
April 14, 2021
April 12, 2021
Parties serve supplemental/rebuttal
expert witness disclosures that are
intended solely to contradict or rebut
evidence on the same subject matter
identified by another Party under Rule
26(a)(2)(D)(ii)
May 5, 2021
April 28, 2021
Parties exchange exhibit lists and,
opening deposition designations, and
all interrogatories and requests for
admission a Party intends to use in its
case-in-chief.
May 7, 2021
April 23, 2021
Each Party informs each non-party of
all documents produced by that non-
party that are on that Party’s exhibit list
and all depositions of that non-party
that have been designated by any Party.
May 14, 2021
April 23, 2021
Close of expert discovery
May 19, 2021
May 5, 2021
Case 4:20-cv-07810-JSW Document 62 Filed 12/18/20 Page 3 of 8
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Event
Schedule #1
Schedule #2
Each side exchanges its objections to
the other side’s exhibits,
interrogatories, requests for admission,
and opening deposition designations
and its deposition counter-designations
May 21, 2021
April 30, 2021
Non-parties provide notice whether
they object to the potential public
disclosure at trial of any non-party
documents and deposition designations
included on the parties’ exhibit lists,
explain the basis for any such
objections, and propose redactions
where possible
May 21, 2021
April 30, 2021
Motions in limine to be exchanged
May 21, 2021
May 7, 2021
Parties and non-parties meet and confer
regarding confidentiality of non-party
documents on trial exhibit lists and
non-party depositions
May 28, 2021
May 14, 2021
Parties meet and confer regarding
admissibility of trial exhibits,
interrogatories, requests for admission,
and deposition designations
May 28, 2021
May 14, 2021
Parties meet and confer regarding
disputes about confidentiality of Party
documents on trial exhibit lists
May 28, 2021
May 14, 2021
Case 4:20-cv-07810-JSW Document 62 Filed 12/18/20 Page 4 of 8
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JOINT STIPULATION AND [PROPOSED] ORDER
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Event
Schedule #1
Schedule #2
Oppositions to motions in limine to be
exchanged
June 1, 2021
May 18, 2021
Motions in limine and oppositions to be
filed
June 7, 2021
May 24, 2021
Joint submission regarding disputes
about admissibility of trial exhibits,
deposition designations, interrogatories
and requests for admission
June 7, 2021
May 24, 2021
Joint submission regarding disputes
about confidentiality of Party
documents on trial exhibit lists to be
filed
June 7, 2021
May 24, 2021
Joint submissions regarding disputes
about confidentiality of each non-
party’s documents on trial exhibit lists
and non-party depositions to be filed
June 7, 2021
May 24, 2021
Joint Proposed Final Pretrial
Conference Order to be filed
June 7, 2021
May 24, 2021
Proposed Findings of Fact and
Conclusions of Law to be filed
June 7, 2021
May 24, 2021
Pretrial briefs to be filed
June 7, 2021
May 24, 2021
Final pretrial conference
June 21, 2021
June 7, 2021
Parties submit hard copies of final trial
exhibits to Court
June 24, 2021
June 24, 2021
Case 4:20-cv-07810-JSW Document 62 Filed 12/18/20 Page 5 of 8
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JOINT STIPULATION AND [PROPOSED] ORDER
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Event
Schedule #1
Schedule #2
Trial begins
June 28, 2021
June 28, 2021
Post-trial briefs to be filed
7 business days
after the conclusion
of trial
7 business days
after the conclusion
of trial
Respectfully submitted,
Dated: December 18, 2020
/s/ Meagan K. Bellshaw
JOHN R. READ
MEAGAN K. BELLSHAW
Attorney
U.S. Department of Justice
Antitrust Division
450 Fifth Street N.W., Suite 4000
Washington, D.C. 20530
Tel.: (202) 598-2307
Email: meagan.bellshaw@usdoj.gov
Attorneys for Plaintiff United States
Dated: December 18, 2020
/s/ Steven C. Sunshine
STEVEN C. SUNSHINE
Skadden, Arps, Slate, Meagher & Flom LLP
1440 New York Avenue, NW
Washington, DC 20005
Tel: (202) 371-7000
Email: steve.sunshine@skadden.com
Attorneys for Defendant Visa Inc.
Dated: December 18, 2020
/s/ Jonathan M. Jacobson
JONATHAN M. JACOBSON
Wilson Sonsini Goodrich & Rosati
1301 Avenue of the Americas, 40th Floor
New York, NY 10019
Tel: (212) 497-7758
Email: jjacobson@wsgr.com
Attorneys for Defendant Plaid Inc.
Case 4:20-cv-07810-JSW Document 62 Filed 12/18/20 Page 6 of 8
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[PROPOSED] ORDER
IT IS HEREBY ORDERED that the Parties shall comply with Schedule # ____.
Dated: ________________
_____________________________
HONORABLE JEFFREY S. WHITE
United States District Judge
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JOINT STIPULATION AND [PROPOSED] ORDER
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ATTORNEY ATTESTATION
I, Meagan K. Bellshaw, am the ECF user whose identification and password are being
used to file the JOINT STIPULATION AND [PROPOSED] ORDER REGARDING CASE
SCHEDULE. In compliance with Local Rule 5-1(i)(3), I hereby attest that all signatories hereto
concur in this filing.
/s/ Meagan K. Bellshaw
Meagan K. Bellshaw
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