PROPOSED STIPULATION AND ORDER. Document filed by United States Of America — United States v. Visa Inc. (Dkt. 110)

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A Stipulation and [Proposed] Order Regarding Protocol for Remote Depositions in United States of America v. Visa Inc., Case No. 1:24-cv-07214-JGK-SLC, in the U.S. District Court for the Southern District of New York, filed August 29, 2025 as Doc. 110. It states that the Stipulated Protocol Regarding Remote Depositions shall govern the procedures for conducting remote depositions in the action. Remote depositions shall be conducted using videoconference technology and recorded by both stenographic means and video recording, and the party noticing a deposition shall indicate whether it is to be in person or conducted remotely. Further sections address notice, technology and setting, attendance and communications with counsel, and exhibits. The signature lines include /s/ Beth Wilkinson.

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UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF NEW YORK 
 
UNITED STATES OF AMERICA, 
Plaintiff, 
v.  
VISA INC., 
Defendant. 
 
 
Case No. 1:24-cv-07214-JGK-SLC 
STIPULATION AND [PROPOSED] 
ORDER REGARDING PROTOCOL 
FOR REMOTE DEPOSITIONS 
 
 
IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the parties, 
that this Stipulated Protocol Regarding Remote Depositions shall govern the procedures for 
conducting remote depositions in this action. 
I. 
General Guidelines 
1. This Protocol will govern, subject to Court approval, the taking of depositions of party 
and third-party witnesses in the above-captioned matter via remote means. For purposes of this 
Protocol, the terms “remote depositions,” “taken remotely,” and “remote means” include hybrid 
depositions (i.e., depositions where some participants are remote and some are in person). This 
Protocol is not an agreement by the parties to take all depositions via remote means, does not 
waive any party’s ability to participate in a deposition in person, and does not restrict remote 
viewing in an otherwise in-person deposition.   
2. All remote depositions in this action shall be conducted using videoconference 
technology, and all deponents shall be recorded by both stenographic means and video recording. 
The court reporter may be given a copy of the video recording of the deposition and may review 
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such video recording to improve the accuracy of the written transcript. The parties waive any 
objection to the deposition based on the fact that the court reporter is not physically present with 
the deponent.  
3. To host a remote deposition, a deposition vendor must have implemented adequate 
security measures to ensure the confidentiality of the deposition (e.g., video and audio feeds, 
exhibits). These security measures include using tools such as a “virtual waiting room” for 
remote participants that allows the court reporter to admit only individuals authorized to attend 
the deposition. 
4. Testimony provided in remote depositions may be used in this action with the same force 
and effect as an in-person deposition. The parties agree not to object to the use of the deposition 
testimony or video recording on the basis that the deposition was taken and recorded remotely. 
The parties reserve the right to raise all other available objections to the use of the deposition 
testimony in this action.  
II. 
Notice 
5. The party noticing the deposition shall indicate whether the deposition is to be in person 
or conducted remotely. A noticing party’s decision to conduct a deposition remotely does not 
limit the ability of the deponent’s counsel to be physically present with the deponent. If the 
deposition is cross-noticed, and one noticing party indicates that the deposition is to be 
conducted in person, the deposition will presumptively be conducted in person, but pursuant to 
Rules 29(a) and 30(b)(4) of the Federal Rules of Civil Procedure, the parties may stipulate that 
the deposition be conducted remotely. The parties will consider in good faith and will meet and 
confer on any request by a party or witness that a deposition be conducted remotely. 
6. Where a deposition is noticed to be in person, any participant (other than the deponent) 
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may elect to participate in the deposition remotely for any reason but must provide notice of this 
decision to the other party, the deponent, and deponent’s counsel at least ten days in advance of 
the deposition. This ten-day notice obligation shall not apply to counsel who intend to participate 
solely in “listening” mode (i.e., remotely watching or listening to a deposition without actively 
participating in questioning or objections). Remote deposing counsel and remote counsel with 
responsibility for objecting or otherwise participating on behalf of a party shall be identified 
individually on the record and to the deponent.   
7. All notices of remote depositions served in this matter shall describe the remote means of 
taking the deposition, including (a) that the deposition will be taken by remote means; (b) the 
court reporting service being used to record the deposition (the “Designated Court Reporting 
Service”); (c) the videoconference platform that will be used for the deposition (e.g., Zoom); and 
(d) that the deposition will be recorded by stenographic means and video recording. If an in-
person deposition is noticed and a party elects to participate remotely (not just in “listening  
mode”), the party participating remotely is responsible for giving all other participants notice of 
the videoconference platform they will use for their participation no later than 48 hours prior to 
the noticed start time of the deposition. For any remote deposition of a third party, the party 
noticing the remote deposition shall serve a copy of this Protocol to the witness and, where 
applicable, their counsel.  
8. The deposition notices and nonparty deposition subpoenas must also otherwise comply 
with the notice requirements of Federal Rules of Civil Procedure 30(b) and 45 (when applicable).  
III. 
Court Reporter and Administration of the Oath 
9. No later than noon Eastern Time the day before the deposition, the party that serves the 
first notice of a remote deposition will ensure that information regarding how to access the video 
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conference platform (e.g., hyperlink to Zoom conference room) is provided to all participants in 
the deposition (which obligation may be satisfied by providing the information to the opposing 
party’s and deponent’s counsel). 
10. It will be the responsibility of the party that serves the first notice of a remote deposition 
to ensure that the Designated Court Reporting Service is aware of, capable of complying with, 
and agrees to comply with this Protocol. 
11. The court reporter shall be permitted to administer the oath and record the deposition, and 
the parties waive any objection to the qualifications of the court reporter before whom the 
deposition is taken, so long as the court reporter is qualified to administer the oath and record 
depositions in federal court within the district in which the court reporter is physically located at 
the time of the deposition. 
12. The court reporter may administer the oath or affirmation from a different physical 
location than the deponent, and such oath or affirmation shall be deemed valid and effective 
pursuant to applicable law to the same extent as if the oath or affirmation had been delivered in 
the physical presence of the deponent (even if the court reporter is not a notary public in the state 
where the deponent is located).  
13. The party noticing the deposition to be taken remotely bears the costs of the Designated 
Court Reporting Service’s remote services, with the exception of copies of transcripts, video 
recordings, or real-time text feed. In the event of cross-noticed depositions where at least one is 
noticed to be taken remotely and the parties have agreed to conduct the deposition remotely, the 
costs of the Designated Court Reporting Service shall be split evenly between the noticing 
parties. If an in-person deposition is noticed and counsel for the non-noticing party elects to 
participate remotely, the party participating remotely shall be responsible for coordinating with 
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the in-person court reporting service to ensure videoconference technology is available and will 
bear the costs of such additional services. Counsel that want to view or listen to an in-person 
deposition remotely but not participate (i.e., “listening mode” participants) shall be responsible 
for any incremental costs for that access.    
IV. 
Technology and Setting 
14. Any remote deposition shall use a platform and system(s) that comply with all 
requirements of this Protocol, including the ability to provide high-quality and reliable video and 
audio streaming to all participants. The Designated Court Reporting Service will make available 
a real-time text feed to participants upon request, at the expense of the requesting party.  
15. All participants in the deposition (including parties, the deponent, and the deponent’s 
counsel) will work cooperatively to address and troubleshoot technological (including audio or 
video) issues that arise during a remote deposition and make such provisions as are reasonable 
under the circumstances to address such issues. This provision shall not be interpreted to compel 
any participant to proceed with a deposition where the participants are unable to hear or 
understand each other (except that technical difficulties of additional counsel for a party 
participating in “listening mode” remotely shall not interfere with the deposition). Time spent 
dealing with technical difficulties will not be counted against any applicable time limits for the 
deposition. If technical difficulties arise during the taking of a remote deposition, and there is no 
technical specialist available during the deposition, counsel for the parties and the deponent 
(and/or the deponent’s counsel, if applicable) must meet and confer as soon as is practicable, by 
telephone or other means, to determine whether the deposition can proceed or should be 
continued to a future date. If technical difficulties arise that make the completion of a remote 
deposition impracticable, counsel for parties and the deponent shall resume the deposition on a 
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mutually convenient date within a reasonable period of time. 
16. If participating remotely, the deponent is responsible for locating a private, quiet space in 
which to participate in the deposition without interruption. If the deponent is a third party and is 
unable to reasonably locate a suitable location for the deposition, the party first noticing the 
deposition as a remote deposition shall arrange a suitable location for the deponent to participate 
in the deposition. All communication devices, including mobile phones, other than the device 
hosting the video conferencing platform used by the Designated Court Reporting Service for that 
deposition, must be turned off or removed from the location of the deposition. 
17. It shall be the responsibility of the deponent and their counsel (if applicable) to ensure 
that the deponent has adequate equipment (e.g., computer, webcam, microphone), applications 
and/or software necessary to conduct the deposition and view exhibits, Internet access, and 
bandwidth necessary to participate in a video deposition without interruption. If the deponent is a 
third party and is unable to reasonably access suitable equipment, the party first noticing the 
deposition as a remote deposition shall arrange suitable equipment for use by the deponent. 
Other than the applications required to conduct the deposition and view exhibits, the deponent 
shall not have any other applications open or running on the device being used for the deposition, 
except as agreed by counsel for all parties. 
V. 
Attendance and Communications with Counsel 
18. Counsel for any named party to this action or the deponent’s counsel may attend remote 
depositions in person. If a deposition is initially noticed as a remote deposition and a cross-notice 
for an in-person deposition is served, then counsel seeking an in-person deposition shall be 
responsible for providing a suitable location for the deposition.   
19. The deponent, counsel representing the deponent, deposing counsel, other counsel with 
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primary responsibility for objecting or otherwise participating on behalf of a party, and all 
counsel who are in the same room as or otherwise visible to the deponent shall be visible to all 
other participants and their statements shall be audible to all participants at all times while on the 
record. If counsel appears in person for an otherwise remote deposition, those counsel shall not 
turn off video while on the record. If appearing remotely, those counsel shall not turn off video 
while on the record but may mute their microphone during a witness’s answer (for the examining 
attorney) or when not objecting (for counsel representing the deponent or with primary 
responsibility for objecting or otherwise participating on behalf of a party). If, during a remote 
deposition, the video or audio feed is lost for any of these persons, the deposition will be 
suspended and go off the record until resolved. All other participants shall keep their 
microphones on mute and video turned off unless and until they wish to speak and, after having 
spoken, they shall go back on mute with video turned off.  
20. No person shall engage in a private communication, including through text message, 
electronic mail, handwritten notes, hand gestures, or the chat feature in the videoconferencing 
system, with the deponent while the deposition is on the record. In the event counsel intends to 
initiate a private communication with any deponent for the purpose of determining whether a 
privilege should be asserted, counsel shall state their intention on the record before initiating 
such communication and then the deposition shall go off the record while the private 
communication regarding privilege is undertaken. Nothing in this paragraph is intended to alter 
any local or federal rules governing communications with witnesses during a deposition. 
21. The official video record of the deposition will be of the deponent’s video feed only. The 
video feeds of any other participant will not be part of the official record, nor used for any 
purpose at trial.  
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VI. 
Exhibits at Remote Depositions 
22. The Designated Court Reporting Service shall take possession of all marked exhibits for 
all remote depositions. In the event of a remote deposition, deposing counsel will work with the 
Designated Court Reporting Service to provide a secure file sharing platform where exhibits may 
be marked and posted, accessible to the court reporter, the deponent, and all participating counsel 
(i.e., not necessarily those participating only in “listening mode”). Deposing counsel shall take 
all necessary steps to upload each document marked as an exhibit during the remote deposition 
to an exhibit sharing platform, and each marked exhibit shall be shared via that platform to all 
participating counsel and the deponent.  
23.  If the deponent or their counsel wish to receive printed copies of potential exhibits for 
use during a remote deposition, the deponent or their counsel must notify the noticing party at 
least seven days prior to the deposition that paper exhibits are requested. If requested, the party 
noticing the remote deposition is responsible for providing two printed copies of each exhibit in 
a sealed box to a location specified by deponent’s counsel by 3:00 PM local time at least one day 
prior to the deposition. The noticing party will make a good faith effort to include all exhibits 
that will be used during the deposition. The sealed exhibit box shall be opened by the witness 
only at the deposition on the record and on video when instructed to do so by the deposing 
counsel. Any unmarked exhibits that were printed shall not be reviewed. Any sealed box that 
contains confidential business information and/or personal data shall be marked as 
“CONTAINING CONFIDENTIAL BUSINESS INFORMATION AND/OR PERSONAL 
DATA, SUBJECT TO THE PROTECTIVE ORDER,” or similar designation. Should the 
deponent’s counsel conduct an examination, deponent’s counsel need not provide physical 
copies of exhibits. The parties agree to work cooperatively should any issues arise regarding 
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exhibits, including but not limited to issues regarding the printing or formatting of voluminous 
exhibits such as electronic spreadsheets. 
24. If counsel has elected to participate remotely in an in-person deposition, such remote 
counsel is responsible for and bears the costs of ensuring that the court reporting service can 
provide virtual access to exhibits even if deposing counsel introduces only physical copies of the 
exhibits.   
25. Copies of documents marked as exhibits during the deposition shall be attached to the 
original transcript and retained with the original transcript, including electronic copies uploaded 
to the exhibit sharing platform and any hard copies marked in person. Copies of exhibits may be 
attached to copies of the transcript where the party ordering the transcript pays for the costs of 
copying those exhibits.  
26. Use of exhibits at all remote depositions shall be subject to the terms of the Amended 
Stipulated Protective Order entered in this case.  
27. At the conclusion of the deposition, any physical copies of exhibits in the possession of 
the parties, third parties, or their counsel shall be securely destroyed (i.e., shredded) or returned 
to deposing counsel.  
VII. 
Other Matters 
28. Each party is responsible for ordering from the court reporter any desired transcripts or 
video recordings of depositions. All parties shall bear their own costs for such transcripts or 
video recordings. 
29. The Federal Rules of Civil Procedure, the Local Civil Rules of the United States District 
Courts for the Southern and Eastern Districts of New York, and any other governing laws control 
all matters not expressly addressed herein. 
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30. Without further order of the Court, the parties may agree on ad hoc modifications to this 
Protocol to accommodate the needs of a particular party or deponent or to resolve any issues that 
arise regarding a particular deposition. Such modifications may be agreed in writing or 
memorialized on the record at the deposition. 
DATED: August 29, 2025 
By:      /s/ Christopher Jackson 
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@usdoj.gov 
Bennett.Matelson@usdoj.gov 
Michele.Trichler@usdoj.gov 
 
Counsel for Plaintiff, the United States 
  
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 
Telephone: (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 
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jonathan.gleklen@arnoldporter.com 
 
Margaret A. Rogers 
Arnold & Porter Kaye Scholer LLP 
250 West 55th Street 
New York, New York 10019 
Telephone: (212) 836-7830 
margaret.rogers@arnoldporter.com 
 
Counsel for Defendant Visa, Inc. 
 
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IT IS SO ORDERED that the foregoing Stipulated Protocol is approved. 
 
Dated: _______________ 
 
 
 
__________________________________ 
 
 
 
 
 
 
 
Hon. John G. Koeltl 
 
 
 
 
 
 
 
United States District Judge 
 
 
 
 
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