Endorsed Letter addressed to Judge John G. Koeltl — United States v. Visa Inc. (Dkt. 43, S.D.N.Y. No. 1:24-cv-07214)

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Letter dated December 19, 2024, to the Honorable John G. Koeltl from counsel for defendant Visa Inc., filed in the Southern District of New York as a joint request for adjournment of the January 6, 2025 Initial Conference in In re: Visa Debit Card Antitrust Litigation. The letter asks for a short adjournment of a few weeks so the parties can meet and confer and submit a Rule 26(f) report. It states that plaintiffs in two related California actions agreed to transfer their cases to this Court and that plaintiff Pantano agreed to withdraw his motion before the Judicial Panel on Multidistrict Litigation. It also states that plaintiffs consented to the request and that there have been no prior requests for an adjournment. The signature block reads /s/ Anne P. Davis.

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Anne.Davis@arnoldporter.com

December 19, 2024 ;
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The Honorable John G. Koeltl Wer CZ ia aacyormn

Daniel Patrick Moynihan R B ROAST AA 6,2° oe

New York, NY 10007-1312 ae ee 3

Re: Inre: Visa Debit Card Antitrust Litigation, 1:24-cv-07435-JG ra Z

Joint Request for Adjournment of January 6, 2025 Initial Conference ‘

On behalf of defendant Visa Inc. (“Visa”) we respectfully submit this joint request Qa [Cc
by the parties for a short adjournment of the January 6, 2025 Initial Conference in the
above-captioned action by a few weeks to afford the parties additional time to meet and
confer and submit a Rule 26(f) report. This request would not impact the Conference in
United States v. Visa Inc., 1:24-cv-07214, also scheduled for January 6.

As your Honor is aware, to date four putative merchant class actions and two
putative cardholder class actions have been consolidated in this Court, with a third putative
consumer class action pending transfer from the Western District of Missouri. There
remain two related, putative cardholder class actions pending in the Northern District of
California: Pantano v. Visa, Inc., Case No. 3:24-cv-07365 (N.D. Cal.) and Bueno v. Visa
Inc., 3:24-cv-8968 (N.D. Cal.). There is also a motion (filed by plaintiff Pantano) pending
before the Judicial Panel on Multidistrict Litigation to centralize in the Northern District
of California all private litigation concerning allegations that defendant unlawfully
monopolized a purported market for debit network services. See MDL No. 3137, ECF
No. 1. Earlier this week, plaintiffs in both of those California actions agreed to voluntarily
transfer their cases to this Court and plaintiff Pantano has agreed to withdraw his motion
before the JEML. Accordingly, Visa anticipates that all of the related private merchant and
cardholder actions that are not currently pending in this District will be transferred here
soon.

In the interest of efficiency, Visa proposed to both the merchant and consumer
plaintiffs that the parties wait a few weeks for these venue issues to be fully resolved so
that all parties may participate together in a single Rule 26(f) meet and confer. Visa also
contacted the government in the related action (United States v. Visa Inc., 1:24-cv-07214),

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December 19, 2024
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to commence discussions on coordination among the government and private actions.
Those discussions will also inform the issues to be addressed in the Rule 26(f) conference.
Plaintiffs in the above-captioned actions agreed to a short adjournment of the Initial
Conference by a few weeks in light of those issues, and consented to this application.

Pursuant to ILE. of Your Honor’s Individual Practices, we confirm that there have
been no prior requests for an adjournment of this conference.

Thank you for considering this request.

Respectfully Submitted,

/s/ Anne P. Davis

Copies to all counsel of record by ECF


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