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Joint Stipulation and [Proposed] Discovery Order filed by United… — United States v. Visa Inc. and Plaid Inc. (Dkt. 71)
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| Court | U.S. District Court for the Northern District of California |
|---|---|
| Filed | 2021-01-05 |
U.S. District Court for the Northern District of California · No. 4:20-cv-07810-JSW · Doc. 71 · 2021-01-05 · Docket on CourtListener
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JOINT STIPULATION AND [PROPOSED] DISCOVERY ORDER
Case No. 4:20-cv-07810-JSW
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff
v.
VISA INC. and PLAID INC.,
Defendants.
Case No.: 4:20-cv-07810-JSW
JOINT STIPULATION AND
[PROPOSED] DISCOVERY ORDER
The Hon. Sallie Kim
Plaintiff United States of America and Defendants Visa, Inc. and Plaid Inc. hereby submit
this JOINT STIPULATION AND [PROPOSED] DISCOVERY ORDER. The parties
respectfully request that the Court adopt the non-disputed provisions of this Joint Stipulation and
[Proposed] Order set forth below.
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I. EVIDENCE PRESERVATION
The parties have reviewed the Guidelines Relating to the Discovery of Electronically
Stored Information and have met and conferred pursuant to Federal Rule of Civil Procedure 26(f)
regarding reasonable and proportionate steps taken to preserve evidence relevant to the issues
reasonable evidence in this action. The parties agree that the following categories of ESI need
not be preserved:
(1)
documents sent solely between outside counsel for the Parties (or
persons employed by or acting on behalf of such counsel) or solely
between counsel of the United States (or persons employed by the
United States Department of Justice);
(2)
voicemail messages, except in the case where they are contained within the
Parties’ or Division’s e-mail systems;
(3)
e-mail or other electronic messages sent to or from a personal digital assistant or
smartphone (e.g., iPhone), provided that a copy of such e-mail or message is
routinely saved and preserved elsewhere for potential production in discovery;
(4)
other electronic data stored on a personal digital assistant or smartphone, such as
calendar or contact data or notes, provided that a copy of such information is
routinely saved and preserved elsewhere for potential production in discovery;
(5)
temporary or cache files, including Internet history, web browser cache, and
cookie files, wherever located; and
(6)
server, system, or network logs.
II.
DISCLOSURES
Defendants served initial disclosures under the Federal Rules of Civil Procedure 26(a)(1)
on November 27, 2020. The United States served initial disclosures on December 17, 2020,
fourteen days after the Parties’ Rule 26(f) Conference, as required by Rule 26(a)(1)(C). Visa
shall supplement its initial disclosures to identify third parties no later than three days after
receipt of DOJ’s Investigative File.
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III.
DISCOVERY
A.
Production of Documents and ESI
The Parties shall produce all documents and Electronically Stored Information (ESI) in
accordance with the Department of Justice’s Standard Specifications for Production of ESI,
except when producing documents and ESI received from non-parties. Should either party issue
any document subpoena on non-parties, the instructions in that subpoena shall conform with the
above instructions on ESI.
B.
Proposed Discovery Plan
The Parties have met and conferred regarding a proposed discovery plan and agree on the
following:
1.
Definitions
For purposes of this Order, “Party” means the Antitrust Division of the U.S. Department
of Justice, Defendant Visa Inc, or Defendant Plaid Inc.
2.
Discovery of Confidential Information
Discovery and production of confidential information will be governed by the Protective
Order entered by the Court in this action. When sending discovery requests, notices, and
subpoenas to non-parties, the Parties must include copies of any Protective Orders then in effect.
3.
Timely Service of Fact Discovery and Supplemental Discovery
All discovery, including discovery served on non-parties, must be served in time to
permit completion of responses by the close of fact discovery, except that Supplemental
Discovery must be served in time to permit completion of responses by the close of
Supplemental Discovery. For purposes of this Order, “Supplemental Discovery” means
document and deposition discovery, including discovery served on non-parties, related to any
person identified on a side’s final trial witness list who was not identified on that side’s
preliminary trial witness list (including document and deposition discovery related to entities
related to any such person). Depositions that are part of Supplemental Discovery must be
noticed within 3 days of exchanging the final trial witness lists.
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4.
Subpoenas
A Party may serve a subpoena of the type described in Federal Rule of Civil Procedure
45(a)(4) upon serving the other Parties a notice and a copy of the subpoena. The Parties agree to
accept electronic service (by email) of a notice and copy of the subpoena.
5.
Written Discovery on Parties
a.
Document Requests
There is no pre-determined limit on the number of requests for the production of
documents that may be served by the Parties, but any requests must be proportional to the needs
of the case as required by Federal Rule of Civil Procedure 26(b)(1). The Parties must serve any
objections to requests for productions of documents within 7 business days after the requests are
served. Within 2 business days of service of any objections, the Parties must meet and confer to
attempt to resolve any objections and to agree on custodians to be searched. Responsive
productions (subject to any objections or custodian issues that have not been resolved) must be
made on a rolling basis and must begin no later than 21 days after service of the request for
production. The Parties must make good-faith efforts to complete responsive productions no
later than 28 days after service of the request for production, except for documents reasonably
withheld for privilege but later determined not to be privileged which will be produced 30 days
after the service of the request for production, and responsive productions must be completed no
later than 14 days after resolution of objections and custodian issues. Notwithstanding any other
part of this paragraph, in responding to requests for production of documents that are part of
Supplemental Discovery, the Parties must (i) serve any objections to such requests for production
of documents within 3 business days after the requests are served; (ii) make responsive
productions (subject to any objections or custodian issues that have not been resolved) on a
rolling basis; (iii) begin such productions no later than 7 days after the requests are served; and
(iv) complete such productions no later than 7 days after resolution of objections and custodian
issues.
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b.
Data Requests
In response to any requests for data or data compilations, the Parties will meet and confer
in good faith regarding the requests. Throughout the meet-and-confer process, the Parties will
work in good faith to complete production of data or data compilations no later than 28 days
after service of the requests for production.
c.
Interrogatories
Interrogatories are limited to 10 (including discrete subparts) by the United States to each
Defendant and to 10 (including discrete subparts) by Defendants collectively to the United
States. The Parties must serve any objections to interrogatories within 7 business days after the
interrogatories are served. Within 2 business days of service of any objections, the Parties must
meet and confer to attempt to resolve the objections. The Parties must make good-faith efforts to
provide complete answers to interrogatories no later than 28 days after service of the
interrogatories.
d.
Requests for Admission
Requests for admission are limited to 5 by the United States to each Defendant and to 5
by Defendants collectively to the United States. Requests for admission relating solely to the
authorship, authentication, or admissibility of documents, data, or other evidence (which are
issues that the Parties must attempt to resolve initially through negotiation) do not count against
these limits. Unless otherwise agreed, the Parties must respond in writing to requests for
admissions within 21 days after service.
e.
Internal Memoranda
The Parties agree that neither the Defendants nor the United States must preserve or
produce in discovery internal memoranda that were not directly or indirectly furnished to any
non-Party authored by Defendants’ outside counsel (or persons employed by or acting on behalf
of such counsel) or by counsel for the United States (or persons employed by the United States
Department of Justice). The Parties will neither request, nor seek to compel, production of any
interview notes, interview memoranda, or a recitation of information contained in such notes or
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memoranda, except for such material relied upon by a testifying expert and not produced in
compliance with Section VIII(C)(13).
6.
Written Discovery on Non-Parties
Each party must serve a copy of any discovery request to a non-party on the other side at
the same time as the discovery request is served on the non-party. Every discovery request to a
non-party shall include a cover letter requesting that (a) the non-party Bates-stamp each
document with a production number and any applicable confidentiality designation prior to
producing it; and (b) the non-party provide to the other side copies of all productions at the same
time as they are produced to the requesting party. Each party requesting the discovery shall also
provide to the other side copies of all written correspondence with the non-party concerning the
non-party’s response to or compliance with the discovery request (including any extensions,
postponements or modifications) within 48 hours of the correspondence. If a non-party fails to
provide copies of productions to the other side, the requesting Party shall provide copies to the
other Party, in the format the productions were received, within 3 business days after receipt of
such materials from the non-party. In addition, if a non-party produces documents or
electronically stored information that are not Bates-stamped, the Party receiving those materials
must produce to the other Parties a copy of such materials with Bates stamps within a timeframe
appropriate to the volume and complexity of the materials received.
7.
Depositions
The United States is limited to 30 depositions of fact witnesses, and the Defendants
collectively are limited to 30 depositions of fact witnesses, including depositions taken for the
sole purpose of establishing the admissibility of documents produced by any Party or non-party.
Each deposition of a Party to be taken under Federal Rule of Civil Procedure 30(b)(6) counts as
one deposition, regardless of the number of witnesses produced to testify on the matters for
examination in that deposition. The following depositions do not count against the deposition
caps imposed by the preceding sentence: (a) depositions of any persons identified on a side’s
preliminary or final trial witness list, if that witness has not already been deposed in this
litigation; (b) depositions of the Parties’ designated expert witnesses; (c) depositions taken in
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response to Civil Investigative Demands; and (d) depositions taken for the sole purpose of
establishing the location or authenticity of documents produced by any Party or non-party,
provided that such depositions may be noticed only after the Party taking the deposition has
taken reasonable steps to establish location, or authenticity through other means, and further
provided that such depositions must be designated at the time that they are noticed as being taken
for the sole purpose of establishing the location or authenticity of documents.
Parties will make witnesses available for deposition during fact discovery upon 14 days’
notice, but will in good faith use best efforts to schedule depositions within 7 days after receiving
notice. During supplemental discovery, Parties will make witnesses available for deposition
within 5 days after receiving notice, but will in good faith use best efforts to schedule depositions
within 3 days after receiving notice. During supplemental discovery, if a deposition is noticed
within 3 days of exchanging the final trial witness lists, Parties must make the witness available
for deposition no later than the close of supplemental discovery. In light of the COVID-19
pandemic, Parties will make their employees available for video depositions upon the request of
any Party. Parties agree that taking video depositions of third-party witnesses is appropriate.
If a Party serves on a non-party a subpoena for the production of documents or
electronically stored information and a subpoena commanding attendance at a deposition, the
Party serving those subpoenas must schedule the deposition for a date at least 10 business days
after the return date for the document subpoena. In the event that an opposing Party serves a
separate subpoena on the same non-party and causes the date of production for that second
document subpoena to result in fewer than 3 business days between that production date and the
date scheduled for that non-party’s deposition, the originally noticing Party may at its sole
discretion postpone the date scheduled for the deposition for up to 3 business days following the
second production date.
Depositions of fact witnesses are limited to no more than one (7-hour) day unless
otherwise stipulated. During non-party depositions, the non-noticing side will receive at least
two hours of examination time. If a non-party deposition is noticed by both sides, then time will
be divided equally between the sides. Any time allotted to one side not used by that side in a
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non-party deposition may not be used by the other side, unless the side that does not use all of its
allotted time agrees to allow the other side to use the remaining time. Notwithstanding any other
provisions in this paragraph, if the United States notices the deposition of a non-party (including
an employee of a non-party) to or with which a Defendant has made an offer, commitment, or
agreement (including an agreement to divest or license assets) to attempt to address the United
States’ concerns about the Planned Transaction, then the United States will receive 7 hours of
examination time for the deposition. Any Party may further depose any person whose deposition
was taken pursuant to a Civil Investigative Demand, and the fact that such person’s deposition
was taken pursuant to a Civil Investigative Demand may not be used as a basis for any Party to
object to that person’s deposition. Depositions taken of Party witnesses pursuant to Civil
Investigative Demands will be deemed depositions taken pursuant to the Federal Rules of Civil
Procedure for the purposes of use at trial and subject to the same treatment under the Federal
Rules of Civil Procedure and Federal Rules of Evidence. Depositions taken of non-Party
witnesses pursuant to Civil Investigative Demands may not be used at trial except for
impeachment subject to the Federal Rules of Civil Procedure and Federal Rules of Evidence.
8.
Discovery from Agencies Within the Executive Branch
Defendants may not seek discovery from any agency within the executive branch of the
federal government (including any employee of any such agency), other than the Department of
Justice and the Consumer Financial Protection Bureau (“CFPB”). From entry of this Order until
the conclusion of trial, Defendants may not submit requests under the Freedom of Information
Act to any agency within the executive branch of the federal government other than the
Department of Justice and CFPB for the purpose of assisting the defense of this litigation and
may not take any steps to obtain responses to previously submitted requests for the purpose of
assisting the defense of this litigation.
10.
Privilege Logs
The Parties agree that the following privileged or otherwise protected communications
may be excluded from privilege logs: (1) documents or communications sent solely between
outside counsel for the Defendants (or persons employed by or acting on behalf of such counsel);
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(2) documents or communications sent solely between counsel for the United States (or persons
employed by the United States Department of Justice); (3) documents or communications sent
solely between counsel for the United States (or persons employed by the United States
Department of Justice) and counsel for any state (or persons employed by any the office of the
attorney general of any state); (4) documents or communications sent solely between outside
counsel for either Defendant and inside counsel for either or both Defendants; (5) documents or
communications sent solely between counsel for the United States (or persons employed by the
United States Department of Justice); (6) privileged draft contracts; (7) draft regulatory filings;
(8) non-responsive, privileged documents attached to responsive documents; and (9) privileged
documents or communications solely about this litigation sent on or after November 5, 2020 (the
date the Complaint was filed) (a) between outside or inside counsel for the Defendants (or
persons employed by or acting on behalf of such counsel) and either or both Defendants; and (b)
between outside or inside counsel for a Defendant and employees of that Defendant. When non-
responsive, privileged documents that are attached to responsive documents are withheld from
production, however, the Parties will insert a placeholder to indicate a document has been
withheld from that family and that document must be logged in the Party’s privilege
log. Privilege logs will comply with Fed. R. Civ. P. 26(b)(5).
11.
Inadvertent Production of Privileged or Work-Product Documents or
Information
As authorized by Federal Rule of Evidence 502(d), the production of a document or
information subject to a claim of attorney-client privilege, work-product immunity, or any other
privilege or immunity under relevant federal case law and rules (“Produced Privileged Material”)
does not waive any claim of privilege, work product, or any other ground for withholding
production to which the Party producing the documents or information otherwise would be
entitled, provided that (a) the production was inadvertent; (b) the Party producing the documents
or information used reasonable efforts to prevent the disclosure of documents or information
protected by the attorney-client privilege, work-product immunity, or any other privilege or
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immunity; and (c) the Party producing the documents or information promptly took reasonable
steps to rectify the error, including following Federal Rule of Civil Procedure 26(b)(5)(B).
A Party or Person claiming privilege or other protections for Produced Privileged
Material must within three (3) days of learning of the production of such material notify in
writing any and all Receiving Parties that received the Produced Privileged Material and provide
sufficient information to the Receiving Party regarding the asserted privileges, in the form of a
privilege log as outlined in Rule 26(b)(5) of the Federal Rules of Civil Procedure. Alternatively,
if a Receiving Party discovers a document that it believes to be Produced Privileged Material, the
Receiving Party will promptly notify the Designating Party of what it believes to be the
Produced Privileged Material. No Receiving Party will be found in violation of this Order for
failing to recognize Produced Privileged Material.
After discovering or being notified of Produced Privileged Material, any Receiving Party
may not use or disclose the inadvertently Produced Privileged Material in any way until the
claim is resolved, and must take reasonable steps to retrieve the material if the Receiving Party
disclosed it before being notified of or discovering the inadvertent production. In addition,
within five (5) calendar days of discovering or being notified of Produced Privileged Material,
any Receiving Party must return, sequester, or destroy the specified material and any copies.
The Designating Party must retain a copy of the material until the resolution or termination of
this Action. A Party may move the Court for an order compelling production of the material and
present the information to the Court under seal for a determination of the claim. Any submission
of privileged material for in camera review shall not constitute a waiver of any applicable
material.
Nothing in this Order overrides any attorney’s ethical responsibilities to refrain from
examining or disclosing materials that the attorney knows or reasonably should know to be
privileged and to inform that Party or Person that produced the materials of such occurrence.
This Order is not intended to impose on a Party a waiver of its rights to review its
documents for privilege or any other reason (including to identify non-responsive documents)
and the existence of this Order cannot be used to compel a Party to produce documents without
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review. Moreover, this Order does not mean that the cost of review should not be considered in
whether any particular discovery is proportionate (i.e., that the benefit of the discovery is not as
great as the cost of said discovery including review).
12.
Presumptions of Authenticity
Documents produced by Parties and non-parties from their own files will be presumed to
be authentic within the meaning of Federal Rule of Evidence 901. Any good-faith objection to a
document’s authenticity must be provided with the exchange of other objections to intended trial
exhibits. If the opposing side serves a specific good-faith written objection to the document’s
authenticity, the presumption of authenticity will no longer apply to that document and the
Parties will promptly meet and confer to attempt to resolve any objection.
13.
Expert Witness Disclosures and Depositions.
Expert disclosures, including each side’s expert reports, must be conducted in accordance
with the requirements of Federal Rule of Civil Procedure 26(a)(2) and 26(b)(4), except as
modified by this paragraph.
(a)
Neither side must preserve or disclose, including in expert deposition testimony,
the following documents or information:
(i)
any form of oral or written communications, correspondence, or work
product not relied upon by the expert in forming any opinions in his or her
final report shared between:
(A)
the expert and any persons assisting the expert;
(B)
any Party’s counsel and its expert(s), or between any agent or
employee of Party’s counsel and the Party’s expert(s);
(C)
testifying and non-testifying experts;
(D)
non-testifying experts; or
(E)
testifying experts;
(ii)
expert’s notes, except for notes of interviews participated in or conducted
by the expert, if the expert relied upon such notes in forming any opinions
in his or her final report;
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(iii)
drafts of expert reports, affidavits, or declarations; and
(iv)
data formulations, data runs, data analyses, or any database-related
operations not relied upon by the expert in forming any opinions in his or
her final report.
(b)
The Parties agree that the following materials will be disclosed at the same time
that each final expert report is served:
(i)
A list by bates number of all documents relied upon by the testifying
expert(s) in forming any opinions in his or her final reports;
(ii)
copies of all materials relied upon by the expert in forming any opinions in
his or her report that were not previously produced and that are not readily
available publicly;
(iii)
a list of all publications authored by the expert in the previous 10 years;
(iv)
copies of all publications authored by the expert in the previous 10 years
that are not readily available publicly;
(v)
a list of all other cases in which, during the previous 4 years, the expert
testified at trial or by deposition, including tribunal and case number; and
(vi)
for all calculations appearing in the final report(s), all data and programs
underlying the calculations, including all programs and codes necessary to
replicate the calculations from the initial (“raw”) data files, and the
intermediate working-data files that are generated from the raw data files
and used in performing the calculations appearing in the report and a
written explanation of why any observations in the raw data were either
excluded from the calculations or modified when used in the calculations.
Each expert will be deposed for only one (7-hour) day, with all 7 hours reserved for the
side noticing the expert’s deposition. Depositions of each side’s experts will be conducted only
after disclosure of all expert reports and all of the materials identified in Paragraph 13(b) for all
of that side’s experts.
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IV.
SCHEDULE
The following schedule was adopted by Judge White in his December 18 Order (Dkt. 64).
Event
Date
Defendant Visa to supplement Rule 26(a)(1)
Initial Disclosures
3 days after receipt of Plaintiffs’
Investigative File
Deadline to file dispositive motions
January 8, 2021
Parties exchange preliminary trial witness lists January 19, 2021
Last day to hear dispositive motions
March 5, 2021
Parties exchange final trial witness lists
March 12, 2021
Close of fact discovery
March 17, 2021
Close of Supplemental Discovery
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 26, 2021
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 12, 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.
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.
April 23, 2021
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Event
Date
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)
April 28, 2021
Each side exchanges its objections to the other
side’s exhibits, interrogatories, requests for
admission, and opening deposition
designations and its deposition counter-
designations
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
April 30, 2021
Close of expert discovery
May 5, 2021
Motions in limine to be exchanged
May 7, 2021
Last day to hear Daubert motions
May 14, 2021
Parties and non-parties meet and confer
regarding confidentiality of non-party
documents on trial exhibit lists and non-party
depositions
May 14, 2021
Parties meet and confer regarding
admissibility of trial exhibits, interrogatories,
requests for admission, and deposition
designations
May 14, 2021
Parties meet and confer regarding disputes
about confidentiality of Party documents on
trial exhibit lists
May 14, 2021
Oppositions to motions in limine to be
exchanged
May 18, 2021
Motions in limine and oppositions to be filed
May 24, 2021
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Event
Date
Joint submission regarding disputes about
admissibility of trial exhibits, deposition
designations, interrogatories and requests for
admission
May 24, 2021
Joint submission regarding disputes about
confidentiality of Party documents on trial
exhibit lists to be filed
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
May 24, 2021
Joint Proposed Final Conference Order to be
filed
May 24, 2021
Proposed Findings of Fact and Conclusions of
Law to be filed
May 24, 2021
Pretrial briefs to be filed
May 24, 2021
Final pretrial conference
June 7, 2021
Parties submit hard copies of final trial
exhibits to Court
June 24, 2021
Trial begins
June 28, 2021
Post-trial briefs to be filed
7 business days after trial
concludes
V.
OTHER MATTERS
A.
Witness Lists.
The United States is limited to 30 persons on its preliminary trial witness list, and the
Defendants collectively are limited to 30 persons on their preliminary trial witness list. The
preliminary witness lists must include fact witnesses, and must provide the address, telephone
number, and email address of each witness. The final witness lists must also include expert
witnesses. The United States is limited to 25 persons on its final trial witness list, and the
Defendants collectively are limited to 25 persons on their final trial witness list.
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Each side’s final trial witness list may identify no more than 5 witnesses that were not
identified on that side’s preliminary trial witness list. Despite the limitation on the number of
depositions that each side may take, each side shall have the right to depose any witness on the
opposing side’s preliminary or final witness list if that witness has not already been deposed in
this litigation, even if the limitation on depositions is exceeded. The final trial witness lists must
comply with Federal Rule of Civil Procedure 26(a)(3)(A)(i)–(ii), include both fact and expert
witnesses, and must include a brief summary of the subjects about which any expert witnesses
will testify.
In preparing preliminary trial witness lists and final trial witness lists, the Parties must
make good-faith attempts to identify the witnesses (including expert witnesses) whom they
expect that they may present as live witnesses at trial (other than solely for impeachment). No
Party may offer into evidence at trial any portion of a person’s deposition testimony unless that
person was identified on that Party’s final trial witness list. No Party may call a person to testify
as a live witness at trial (other than solely for impeachment) unless that person was identified on
that Party’s final trial witness list.
B.
Completion of Planned Transaction.
Defendants have agreed that they will not close, consummate, or otherwise complete the
Planned Transaction until 12:01 a.m. on the tenth day following the entry of the judgment by the
Court, and only if the Court enters an appealable order that does not prohibit consummation of
the transaction. For purposes of this Order, “Planned Transaction” means Visa’s planned
acquisition of Plaid.
C.
Service of Pleadings and Discovery on Other Parties.
Service of all pleadings, discovery requests (including subpoenas for testimony or
documents under Federal Rule of Civil Procedure 45), expert disclosures, and delivery of all
correspondence in this matter must be made by ECF or email, except when the volume of
attachments requires overnight delivery of the attachments or personal delivery, to the following
individuals designated by each Party:
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For Plaintiff United States of America:
John R. Read (john.read@usdoj.gov)
Cory Brader Leuchten (cory.leuchten@usdoj.gov)
Meagan K. Bellshaw (meagan.bellshaw@usdoj.gov)
Lisa Scanlon (lisa.scanlon@usdoj.gov)
United State Department of Justice
450 Fifth Street, NW, Suite 4000
Washington, D.C. 20530
Tel: (202) 598-2307
For Defendant Visa Inc.:
Steven C. Sunshine (steve.sunshine@skadden.com)
Skadden, Arps, Slate, Meagher & Flom LLP
1440 New York Avenue, NW
Washington, DC 20005
Tel: (202) 371-7000
For Defendant Plaid Inc.:
Scott A. Sher (ssher@wsgr.com)
Justina Sessions (jsessions@wsgr.com)
Wilson Sonsini Goodrich & Rosati
1700 K Street NW
Fifth Floor
Washington, DC 20006
Tel: (202) 973-8800
For purposes of calculating discovery response times under the Federal Rules of Civil
Procedure, electronic delivery at the time the email was received will be treated in the same
manner as hand delivery at that time. However, for any service other than service of court
filings, email service that is delivered after 5:00 p.m. Pacific Time will be treated as if it was
served the following business day.
D.
Modification of Discovery Order
Modifications of the rights and responsibilities of the Parties under this Order may be
made by mutual agreement of the Parties, provided any such modification has no effect on the
schedule for pretrial filings or trial dates. Otherwise, any Party may seek modification of this
Order for good cause.
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Dated: January 5, 2021
/s/ John R. Read
JOHN R. READ
Attorney
U.S. Department of Justice
Antitrust Division
450 Fifth Street N.W., Suite 4000
Washington, D.C. 20530
Tel.: (202) 307-0468
Email: john.read@usdoj.gov
Attorneys for Plaintiff United States
Dated: January 5, 2021
/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: January 5, 2021
/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.
IT SO ORDERED.
Dated: ________________
_____________________________
HONORABLE SALLIE KIM
United States District Judge
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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. 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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