LETTER addressed to Judge John G. Koeltl from Anne P.… — United States v. Visa Inc. (Dkt. 83)

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A letter dated June 3, 2025, Doc. 83, from Anne P. Davis of Arnold & Porter Kaye Scholer LLP to Judge John G. Koeltl, on behalf of defendant Visa Inc. in United States v. Visa Inc., 1:24-cv-7214-JGK, and In re: Visa Debit Card Antitrust Litigation, 1:24-cv-07435-JGK. It submits a joint request, with the consent of all parties, to amend and enter procedural orders so that third parties receive notice and an opportunity to be heard before their documents produced in the Government Action may be produced in the Private Actions. The letter lists amended protective orders, an amended case management order and a proposed stipulated ESI protocol, including notice at least 10 business days before disclosure. Appendix A shows the proposed redlined paragraphs.

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Anne P. Davis 
+1 202.942.6197 Direct 
Anne.Davis@arnoldporter.com 
 
Arnold & Porter Kaye Scholer LLP 
250 West 55th Street  |  New York, NY 10019-9710  |  www.arnoldporter.com 
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June 3, 2025 
BY ECF 
The Honorable John G. Koeltl 
Daniel Patrick Moynihan 
United States Courthouse 
500 Pearl St. 
New York, NY  10007-1312
Re: 
United States v. Visa Inc., 1:24-cv-7214-JGK (“Government Action”); 
In re: Visa Debit Card Antitrust Litigation, 1:24-cv-07435-JGK 
(“Private Actions”) 
 
 
Dear Judge Koeltl:  
On behalf of defendant Visa Inc. (“Visa”), and with the consent of all parties in the 
above-referenced, related actions, we respectfully submit this joint request by the parties 
to amend and enter certain procedural orders relating to discovery.  These amendments 
provide a process for third parties to receive notice and an opportunity to be heard before 
their documents and information (originally produced in the Government Action in 
response to pre-Complaint CIDs or third-party subpoenas) may be produced in the Private 
Actions.   
Pursuant to the Case Management Order in the Government Action (“Government 
Action CMO”) (Dkt. No. 53), the parties have been conducting third-party discovery 
pending resolution of Visa’s motion to dismiss.  Under the Case Management Order in the 
Private Actions (“Private Actions CMO”) (Dkt. No. 98), third-party discovery is stayed 
pending rulings on Visa’s motions to dismiss.  If third-party discovery moves forward in 
the Private Actions, the Private Actions CMO provides that “evidence produced in fact 
discovery in the government’s related case . . . is deemed produced as if it had been 
produced in this consolidated case . . . .”  Private Actions CMO ¶ 11.E.   
The parties across these actions have agreed to a process by which third parties will 
receive notice and an opportunity to be heard before their documents and information 
produced in the Government Action may be produced in the Private Actions.  This 
agreement, if acceptable to the Court, requires technical amendments to certain orders in 
both the Government Action and Private Actions and entry of an additional proposed 
stipulated order: 
Case 1:24-cv-07214-JGK     Document 83     Filed 06/03/25     Page 1 of 4

 
June 3, 2025 
Page 2 
 
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 The proposed Amended Protective Order in the Government Action (Dkt. 
No. 82) requires notice to third parties at least 10 business days prior to 
disclosing protected material (i.e., the “Objection Period”).  See 
Appendix A showing redline to Paragraph 32 of the Government Action 
Protective Order.  
 The proposed Amended Private Actions CMO (Dkt. No. 137) clarifies that 
evidence produced in fact discovery in the Government Action is deemed 
produced in the Private Actions “subject to providing notice and 
opportunity to be heard” as set forth in the Amended Protective Order in 
the Government Action.  See Appendix A showing redline to Paragraph 
11.E of the Private Actions CMO. 
 The proposed Stipulated ESI Protocol in the Private Actions—which the 
parties propose the Court newly enter—provides that third parties may 
lodge objections and meet and confer concerning any objections during the 
Objection Period, and if those objections cannot be resolved, then the 
objecting third party must move for a protective order within a week 
following the expiration of the Objection Period.  See Dkt. No. 138, Section 
VIII.3. 
 The proposed Amended Protective Order in the Private Actions (Dkt. No. 
139) provides that the parties agree that if third-party protected material is 
sought from any Party in the Private Actions for use in a litigation other 
than the Government Action or the Private Actions, the third party must 
receive similar notice and an opportunity to be heard before that protected 
material can be disclosed.  See Appendix A showing redline of Paragraph 
32 of the Private Action Protective Order. 
Thank you for considering this request. 
Respectfully submitted, 
 
/s/ Anne P. Davis 
 
Anne P. Davis 
Copies to all counsel of record by ECF
Case 1:24-cv-07214-JGK     Document 83     Filed 06/03/25     Page 2 of 4

 
 
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APPENDIX A 
 
 
1) Proposed Amendment to Government Action Protective Order (Dkt. No. 42) at 
III.A.32, Case No. 24-07214 (JGK) 
 
32. 
Except as provided by Paragraph 37 of this Order, all Confidential Information 
and Highly Confidential Information produced by a Party or a non-Party Protected 
Person as part of this Action may be used solely for the conduct of this Action and must 
not be used for any business, commercial, competitive, personal, or other purpose. 
Provided, however, this Order does not preclude another court from finding that 
Confidential Information or Highly Confidential Information produced in this Action 
is relevant and subject to disclosure in another case.  Before any disclosure of 
Confidential Information or Highly Confidential Information protected by this Order 
in In Re: Visa Debit Card Antitrust Litigation, No. 24-cv-07435 (S.D.N.Y. 2024) or 
any other related cases, Defendant must at least 10 business days prior to disclosing 
any protected material, notify the United States and any non-Party Protected Person 
who provided the Confidential Information or Highly Confidential Information to the 
Parties in the Investigation or this Action so the Protected Person has an opportunity to 
appear in the other case and be heard on whether and under what conditions that 
information should be disclosed. 
 
2) Proposed Amendment to Private Actions Case Management Order (Dkt. No. 98) 
at 11.E., Case No. 24-7435 (JGK) 
E. 
Evidence in Government’s Related Case. The parties agree that the 
evidence produced in fact discovery in the government’s related case (as well as 
discovery produced in each of the putative fee-payor/card-acceptor and cardholder 
Case 1:24-cv-07214-JGK     Document 83     Filed 06/03/25     Page 3 of 4

 
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class actions) is deemed produced, subject to providing notice and an opportunity to 
be heard as set forth in Paragraph 32 of the Protective Order in that case, as if it had 
been produced in this consolidated case and in each of the putative fee-payor/card-
acceptor and cardholder class actions. 
 
3) Proposed Amendment to Private Actions Protective Order (Dkt. No. 106) at ¶ 32, 
Case No. 24-7435 (JGK) 
32. 
Any Person that becomes subject to a subpoena, motion, or is otherwise 
required to disclose Confidential Information or Highly Confidential Information 
protected by this Order in another case must (a) in the case of a motion, promptly notify 
the Party or non-Party Protected Person that designated the Confidential Information 
or Highly Confidential Information of the motion so the Protected Person has an 
opportunity to appear in the other case and be heard on whether that information should 
be disclosed, and (b) in circumstances other than a motion, at least 10 business days 
prior to disclosing any protected material, promptly notify the Party or non-Party 
Protected Person that designated the Confidential Information or Highly Confidential 
information of the required disclosure so the Protected Person has an opportunity to 
appear in the other case and be heard on whether that information should be disclosed.  
 
 
Case 1:24-cv-07214-JGK     Document 83     Filed 06/03/25     Page 4 of 4

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