JOINT AMENDED SCHEDULING AND CASE MANAGEMENT ORDER:Pursuant to Federal Rule of… — United States v. Visa Inc. (Dkt. 100)

Summary

The Joint Amended Scheduling and Case Management Order of the United States and Visa Inc. states that the Parties exchanged initial disclosures on January 13, 2025, and that the Court entered the Amended Stipulated Protective Order on June 4, 2025. Discovery is described in two phases, with the second phase beginning after the Court's decision on Visa's motion to dismiss. The case schedule sets July 24, 2025 as the deadline to amend pleadings or join parties without leave of court and August 7, 2026 as the close of expert discovery. The signature blocks show /s/ Craig Conrath for the United States and /s/ Beth Wilkinson for Visa, dated July 31, 2025.

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Case 1:24-cv-07214-JGK Document100_ Filed 08/01/25 Page 1 of 12
Case 1:24-cv-07214-JGK Document97 Filed 07/31/25 Page 1 of 12

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,
Plaintiff,
“ Case No. 1:24-cv-07214-JGK-SLC
VISA INC.,
Defendant.

(PROPOSED! JOINT AMENDED SCHEDULING AND CASE MANAGEMENT ORDER
Pursuant to Federal Rule of Civil Procedure (“FRCP”) 26(f), the United States of

America (“Plaintiff”) and Visa Inc. (“Visa”) (together, the “Parties,” and individually a “Party”),
have met and conferred on the topics outlined in this Joint Amended Scheduling and Case
Management Order, which supersedes the Joint Amended Rule 26(f) Report and Case
Management Plan and Scheduling Order of January 20, 2025, ECF No. 53.

1. Nature of Claims and Defenses. The Parties previously set forth their respective
statements on the nature of the claims and defenses in this matter in the January 20, 2025
Scheduling Order, ECF No. 53.

2. Initial Disclosures. The Parties exchanged the initial disclosures required under
FRCP 26(a)(1) on January 13, 2025.

3. Consent to Proceed before a Magistrate Judge. The Parties do not consent to

trial being conducted by a Magistrate Judge.

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4. Alternative Dispute Resolution. Pursuant to Local Rule 83.9(d), the Parties
have considered the use of alternative dispute resolution, but at this time do not believe that
mediation or a judicial settlement conference would facilitate the resolution of this matter.

5. Protective Order. The Parties agreed on the terms of an Amended Stipulated
Protective Order (“Protective Order”), which the Court entered on June 4, 2025, ECF No. 84.

6. Preservation and Production of Electronically Stored Information (“ESI”).
The Parties entered into a stipulated order governing ESI discovery, which was entered by the
Court on March 18, 2025, ECF No. 66.. No deadline in this order shall override any deadline set
forth in the Protective Order or ESI Order.

7. Phases of Discovery. To ensure a more trial-ready and efficient case, the Parties
agreed to conduct discovery in this case in two phases:

a. Phase I: The first phase of discovery focused primarily on third-party discovery

and commenced upon Visa’s filing of its motion to dismiss on February 7, 2025,
and continued until the Court’s ruling on that motion on June 23, 2025. In
addition to third-party discovery, the Parties also exchanged a limited set of
agreed upon materials, as outlined in the January 20, 2025 Scheduling Order, ECF
No. 53.

b. Phase If: The second phase of discovery began immediately following the
Court’s decision on Visa’s motion to dismiss. The second phase will encompass
any remaining third-party discovery, as well as additional Party discovery, as
agreed upon in the below Case Schedule.

c. Furthermore, the Parties are continuing to discuss the need for coordination of

discovery with the private follow-on actions, Jn re Visa Debit Antitrust Litigation,
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1:24-cv-07435-JGK. (S.D.N.Y) (the “Private Actions”), (should the Private

Actions proceed past the motion to dismiss phase). The Parties plan to continue

these discussions—including with the plaintiffs in the Private Actions (“Private

Plaintiffs”)—-and will update the Court as needed.

8. Case Schedule. Pursuant to the Court’s Order, the following case schedule shall

govern this Action:!

Deadline to amend pleadings or join parties without leave of
court

July 24, 2025

Interim Fact discovery deadlines* _
e Parties to exchange preliminary fact witness lists

November |, 2025

¢ Parties to exchange updated preliminary fact witness
lists

January 20, 2026

Close of fact discovery

March 17, 2026

Plaintiff to identify expert witnesses and topics for each expert

March 17, 2026

Visa to identify expert witnesses and topics for each expert

April 17, 2026

Plaintiff to serve initial expert report(s) May 1, 2026
Plaintiff to identify reply experts and topics for each expert May 15, 2026
Defendant to serve rebuttal expert report(s) June 17, 2026

Plaintiff to serve reply expert report(s)

July 17, 2026

Close of expert discovery

August 7, 2026

Motions for summary judgment and Daubert motions filed

September 4, 2026

Oppositions to motions for summary judgment and Daubert
motions filed

October 5, 2026

Replies concerning motions for summary judgment or Daubert
motions filed

October 19, 2026

Parties to reach agreement and propose to the Court a protocol

designations

regarding confidentiality of materials to be used at trial, 12 weeks before trial
including non-party documents

Parties exchange initial exhibit lists, and opening deposition 12 weeks before trial
designations

Each side exchanges its objections to the other side’s exhibits

and deposition designations and its deposition counter- 8 weeks before trial

| Unless otherwise specified, days will be computed according to FRCP 6(a).
2 Interim discovery deadlines may be extended by written consent of the Parties without
application to the Court, provided that all fact discovery is completed by March 17, 2026.

3
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Parties exchange final witness lists

8 weeks before trial

Parties exchange final exhibit lists

6 weeks before trial

Motions in limine filed

6 weeks before trial

Each side exchanges its objections to the other side’s deposition
counter-designations and its counter-counter-designations

5 weeks before trial

Oppositions to motions in limine filed 4 weeks before trial.
Joint Pretrial Order Deadline 4 weeks before trial
Pre-trial briefs filed 3 weeks before trial

Proposed findings of fact and conclusions of law filed

3 weeks before trial

Hearing regarding any disputes raised in pre-trial submissions
by Parties and non-parties, including motions in limine

2 weeks before trial

Final pre-trial conference

2 weeks before trial

Trial begins

Date to be determined by Court

9. Data Productions. The Parties are negotiating the specific data to be produced

in this case as part of discovery, including appropriate deadlines for production. However, to

date, the Parties have been unable to reach agreement. The Parties will continue to negotiate and

update the Court by August 13, 2025 as to the status of those conversations.

10. Witness Lists and Deposition Designations.

a. Preliminary Fact Witness List. Each side shall provide a preliminary fact

witness list on or before the date specified in the case schedule. No more

than a total of 40 fact witnesses whom the Party intends to present live at

trial may be included. on the preliminary witness list. With respect to non-

parties for which depositions are not complete, such non-parties can be

identified in a corporate capacity on the preliminary fact witness list, but

only if at the time the preliminary list is due the Party naming the non-

party witness in good faith lacks knowledge of the individual identity of

the witness.

b. Updated Preliminary Fact Witness List. Each side shall provide an

updated preliminary fact witness list on or before the date specified in the

4

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case schedule. No more than a total of 40 fact witnesses may be included
on the updated preliminary fact witness list. No more than 10 of these
witnesses may be substitutions or additions to those listed on the
preliminary fact witness list (excluding witnesses previously identified
only in a corporate capacity). The witnesses on the updated preliminary
fact witness list must be individually identified by name and not ina
corporate capacity. To the extent, however, depositions of a non-party
noticed pursuant to Rule 30(b)(6) are scheduled after the date specified for
exchange of the updated preliminary fact witness list, a Party may
continue to identify any witness associated with that corporate entity in a
corporate capacity, but will update the preliminary fact witness list to
identify that witness by name within 7 days after any such deposition.

c. Final Witness Lists. Each side shall provide a final witness list 8 weeks
before trial, which shall be limited to those witnesses previously included
on the Party’s updated preliminary witness list, absent good cause or
agreement of the Parties, and to no more than 30 persons, excluding

-experts. The Parties agree that it shall constitute good cause to modify the
final witness list to replace or remove a witness if that witness departs
from the company that employed the witness at the time of their
deposition. If, based on agreement or good cause, any new fact witnesses
are added to a final trial witness list who were not on any Party’s updated
preliminary fact witness list and were not previously subject to custodial

discovery or deposed, the Parties agree to negotiate in good faith as to
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whether additional document discovery related to those witnesses or
depositions of those witnesses may be appropriate.

d. Deposition Designations. Witnesses whose testimony will be offered into
evidence at trial through designated portions of their deposition testimony
shall be identified on final trial witness lists, however those witnesses do
not count against the limits on the numbers of persons who may be
identified on those lists.

e. General Principles for Witness Lists. In preparing preliminary fact
witness lists and final witness lists, the Parties must make good-faith
attempts based on information reasonably available to them at that time to
identify the witnesses whom they expect that they will present as live
witnesses at trial (other than solely for impeachment). The witness lists
must include contact information for known counsel or, if no counsel is
known, the name, employer, address, and telephone number of each
witness (if known). No Party may call a person to testify as a live witness
at trial (other than solely for impeachment) unless (a) that person was

_identified on that Party’s final trial witness list; (b) all Parties agree that
that Party may call that person to testify; or (c) ordered by the Court after
that Party demonstrates good cause for allowing it to call that person to
testify, despite that Party’s failure to identify that person sooner.

11. 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.
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12. Interrogatories. Pursuant to the Court’s order on January 20, 2025, ECF No. 53,
each side is limited to 25 interrogatories.

13. Requests for Admission. Each side is limited to 35 requests for admission in
total. Each request may include subparts that relate directly to the subject matter of the request
(c.g., date, time and author of a document or series of emails; multiple dates of an employee’s
positions in a company). Each side reserves the right to ask the Court for leave to serve
additional requests for admission.

14. Depositions. Pursuant to the Court’s order on January 20, 2025, ECF No. 53,
each side is limited to a total of 350 hours of deposition time on the record of fact witnesses.
Each side may use a maximum of 225 hours of such deposition time on the record in deposing
adverse Party witnesses. Unless the Parties otherwise agree or the Court grants leave on a
Party’s motion, each side may serve one notice pursuant to FRCP 30(b)(6) on the opposing side.
The 30(b)(6) notice may call for testimony on multiple subjects and the responding Party may
designate one or more different witnesses as to each subject matter. The Parties also agree to the
following regarding depositions:

a. Calculation of Time. Reasonable breaks will be excluded from calculation
of deposition time under Rule 30(d)(1) of the Federal Rules of Civil
Procedure. Only a reasonable amount of time for a deponent to review a
document tendered for the examination will count against the Rule
30(d)() limits.

b. Corporate Representative Depositions. The Parties will cooperate to
determine whether a corporate representative or representatives will also

be deposed in their individual capacities and make arrangements for the
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corporate representative and individual portions of the deposition for each
representative to take place on the same day or on consecutive days.

c. Additional Time. The Parties reserve the right to seek from the Court
additional deposition time with particular witnesses or a different
allocation of time than the allocations that are set forth within this Section.

d. Cross-Noticed Depositions of Non-parties. In the case of a non-party
deposition noticed by both sides, each side may examine the witness for a
maximum of 3.5 hours each, up to a maximum total of 7 hours on one day.
The deposition of a former Party employee that is not represented by
counsel for that Party shall be considered a non-party deposition for the
purposes of this provision. Each side may choose to examine 7 non-party
witnesses for a maximum of 7 hours each, up to a total of 14 hours if both
Parties so choose. In the case of a cross-noticed deposition that will
extend beyond 7 hours, the witness may elect to have the deposition occur
over one or two consecutive days. A Party must serve a cross-notice of
deposition on a non-party, if any, within 7 days of service of the original
notice of deposition. If either Party does not use their.allocated maximum
number of hours, the other Party may use any of the remaining time, to be
counted towards its 350 hour limit.

e. Exclusions from Deposition Limits. The following depositions do not
count against the proposed deposition limits: (a) depositions of the Parties’
designated expert witnesses; and (b) pre-Complaint depositions taken in

response to Civil Investigative Demands. Pursuant to the Court’s order on
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January 20, 2025, ECF No. 53, depositions taken for the sole purpose of
establishing the location, authenticity, or admissibility of documents
produced by any Party or non-party shall count against the deposition
limits set forth above.

f. Witness Service. Parties will use their best efforts to make witnesses available
for deposition at a mutually agreeable time and location and without undue
delay. If a witness is a former employee of any Party who is not represented by
counsel, upon receipt of a deposition notice for the former employee, that Party
shall, within 10 business days of the deposition notice, provide the date of
departure and last known address of the former employee, whether the Party’s
counsel can accept service of the notice, whether the Party’s counsel will be
representing that Party in connection with the deposition and, if not, the name
and contact information for the witness’s counsel or that the witness is
unrepresented, Where a witness is not reasonably available before the
close of fact discovery, the Parties may, by mutual agreement, schedule a
deposition after the close of fact discovery without having to seek leave of
Court.

g. Document or ESI Subpoena Service. Ifa Party serves 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 14 days after the return date for
the document subpoena. If the production of documents or electronically

stored information responsive to any subpoena served on a third party is
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h.

delayed and are made available to any Party in less than 14 days of the
deposition date for that third party, the date scheduled for the deposition must
be postponed to be at least 14 days following the actual production date, unless
all Parties consent to fewer than 14 days.

Depositions of Party Witnesses. Consistent with Rule 30 of the Federal Rules
of Civil Procedure, depositions of Party fact witnesses are limited to 7 hours on
the record.

Depositions of Expert Witnesses. Each expert will be deposed once, and each
expert deposition will be limited to one day of7 hours on the record. The
Parties will work in good faith regarding the timing of expert depositions.
Remote Depositions. The Parties agree to address separately any protocol for
conducting depositions that may occur remotely and will submit a proposal no

later than August 29, 2025.

15. Discovery Dispute Resolution. In the event of a dispute between the Parties

and/or a non-party regarding any discovery issue, the Parties (and the non-party when applicable)
shall meet and confer in an attempt to resolve the dispute. In the event of a dispute during a
deposition, the Parties and/or non-parties shall memorialize the dispute on the record and present
the dispute to the Court by motion within 7 business days of the close of the deposition. If the
Court orders a Party or non-party to provide additional testimony (i.e., rejects the opposition of
the Party or non-party to answering a particular question), the Party or non-party shall provide

the witness for deposition on the testimony in question within 10 business days of the ruling.

16. Demonstrative Exhibits. Demonstrative exhibits do not need to be included on

the trial exhibit lists when those lists are exchanged.

10
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17. Word Limits on Pre-trial Briefs. The Parties agree that word-count limits are
appropriate for both the Pre-Trial Briefs and the Proposed Findings of Fact and Conclusions of
Law, and agree to suggest specific word-count limits to the Court after the close of discovery and
after any summary judgment motions have been resolved.

18. Nationwide Service of Trial Subpoenas. To assist the Parties in planning
discovery, and in view of the geographic dispersion of potential witnesses in this action outside
this District, the Parties are permitted, under 15 U.S.C. § 23, to issue nationwide discovery and
trial subpoenas from this Court. The availability of nationwide service of process, however, does
not make a witness who is otherwise “unavailable” for purposes of Federal Rule of Civil
Procedure 32 and Federal Rule of Evidence 804 available under those rules or otherwise affect
the admissibility at trial of a deposition of a witness.

19. Modification of Scheduling and Case Management Order. Any Party may
seek modification of this Order for good cause.

# Ok

The Parties appreciate the Court’s consideration of this proposed order.

i

Case 1:24-cv-07214-JGK Document 100
Case 1:24-cv-07214-JGK Document 97

DATED: July 31, 2025

By:__/s/ Craig Conrath

Craig Conrath

Christopher Jackson

Bennett J. Matelson

Michele Trichler

United States Department of Justice
Antitrust Division

450 Fifth Street, N.W., Suite 4000
Telephone: (202) 894-4266
Facsimile: (202) 514-7308
Craig.Conrath@usdoj.gov
Christopher Jackson5@usdo].gov

Bennett.Matelson@usdoj.gov
Michele. Trichler@usdoj.gov

Counsel for Plaintiff, the United States

SO.ORDERED:

om

12

Filed 08/01/25

Page 12 of 12
Filed 07/31/25

Page 12 of 12

Respectfully submitted,

By: _/s/ Beth Wilkinson
Beth Wilkinson (SBN NY 2181592)

Brian Stekloff (admitted pro hac vice)
Kieran Gostin (SBN NY 4847653)
Roxana Guidero (admitted pro hac vice)
WILKINSON STEKLOFF LLP
2001 M Street NW, 10th floor
Washington, DC 20036

Telephone: (202) 847-4000
Facsimile: (202) 847-4005
bwilkinson@wilkinsonstekloff.com
bstekloff@wilkinsonstekloff.com
kgostin@wilkinsonstekloff.com
rguidero@wilkinsonstekloff.com

Jeremy Barber (SBN NY 5344304)
Anthony P. Ferrara (SBN NY 5656905)
WILKINSON STEKLOFF LLP

130 W 42nd Street, Floor 24
New York, NY 10036

(212) 294 8910
jbarber@wilkinsonstekloff.com
aferrara@ wilkinsonstekloff.com

Anne P. Davis (admitted pro hac vice)
Jonathan Ian Gleklen (admitted pro hac
vice)

ARNOLD & PORTER KAYE
SCHOLER LLP

601 Massachusetts Avenue NW
Washington, D.C. 20001

Telephone: (202) 942-6197

Facsimile: (202) 942-5999
anne.davis@arnoldporter.com
jonathan.gleklen@arnoldporter.com

Counsel for Defendant Visa, Inc.

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