Exhibit [Proposed] Amended Stipulation & Order — United States v. Visa Inc. (Dkt. 164-1, S.D.N.Y. No. 1:24-cv-07214)

Record facts

U.S. District Court for the Southern District of New York · No. 1:24-cv-07214-JGK · Doc. 164-1 · 2026-06-15 · Docket on CourtListener

Full text

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
 
 
IN RE: VISA DEBIT CARD ANTITRUST 
LITIGATION 
 
 
 
Case No.: 1:24-cv-7435-JGK-SLC 
 
 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
v. 
 
VISA INC. 
 
Defendant. 
 
 
 
 
 
 
 Case No.: 1:24-cv-7214-JGK-SLC 
 
[PROPOSED] AMENDED STIPULATION AND ORDER FOR FACT DEPOSITION 
PROTOCOL AND COORDINATION 
 
 
 
WHEREAS, the United States of America (the “United States” or “Government”) has filed 
suit against Visa Inc. (“Visa”) in a suit styled United States of America v. Visa Inc., 1:24-cv-7214-
JGK-SLC (the “DOJ Action”); 
 
WHEREAS, two putative class actions, one brought by merchants (“Merchant Plaintiffs”) and 
one brought by cardholders (“Cardholder Plaintiffs” and, jointly, “Private Plaintiffs”), against Visa 
have been consolidated in this Court as In re: Visa Debit Card Antitrust Litigation, 1:24-cv-7435-
JGK-SLC (the “Private Actions” and, together with the DOJ Action, the “Coordinated Actions”);  
 
WHEREAS, the United States, Visa, and Private Plaintiffs (together, the “Parties,” and each a 
“Party”1) believe that coordination of fact discovery, particularly depositions, in the Coordinated 
Actions will promote efficiency, minimize expenses, and avoid duplication of effort; 
 
1 Unless otherwise stated, Private Plaintiffs are a single “Party” for the purposes of this Order. 
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WHEREAS, the Parties have met and conferred and agreed, subject to Court approval, on the 
topics outlined in this to this [Proposed] Amended Stipulation and Order for Deposition Protocol 
and Coordination (the “Order” or “Protocol”) in the Coordinated Actions, which supersedes the 
Stipulation and Order for Deposition Protocol and Coordination of March 9, 2026;  
 
IT IS HEREBY STIPULATED AND ORDERED AS FOLLOWS: 
I. 
GENERAL PROVISIONS 
1. 
The Parties shall endeavor in good faith, wherever reasonably feasible, to 
coordinate discovery, minimize burden, encourage efficiency, and avoid unnecessary expense for 
all Parties and non-parties.  
2. 
This Order shall govern all fact depositions of non-party and Party witnesses, 
including depositions taken pursuant to Federal Rule of Civil Procedure (“FRCP”) 30(b)(1) and 
FRCP 30(b)(6) (i.e., all depositions other than expert depositions), in the Coordinated Actions. 
3. 
This Order addresses only coordination, not consolidation. Nothing in this Order 
shall be construed to imply that any Party consents to additional consolidation of the Private 
Actions, consolidation of the DOJ Action and the Private Actions, or that such consolidation is 
appropriate. 
4. 
Absent agreement of the Parties or order of the Court, any matter not expressly 
addressed in this Protocol shall be governed by the applicable Federal Rules of Civil Procedure, 
Federal Rules of Evidence, the Local Rules of the United States District Court for the Southern 
District of New York, and the prior orders of the Court in the Coordinated Actions. 
5. 
The Parties will work collaboratively and in good faith to address any issues not 
expressly addressed by this Protocol.   
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6. 
This Order supersedes any prior conflicting provisions related to fact depositions 
in agreements and orders previously entered in these Coordinated Actions. 
7. 
Absent agreement of the Parties and, if applicable, the non-party, no deposition 
shall be scheduled to take place less than two weeks from the date the deposition notice for that 
deposition is served. 
8. 
Private Plaintiffs hereby expressly agree that the Stipulation and Order Regarding 
Protocol for Remote Depositions (Dkt. No. 111) (the “Remote Deposition Protocol”) in the DOJ 
Action shall apply to the Private Actions as if stipulated to and ordered therein, except that the 
Parties agree (a) that AgileLaw is an acceptable “secure file sharing platform” for purposes of 
Paragraph 22 of the Remote Deposition Protocol so long as all Parties, upon good faith efforts, are 
able to access documents presented on that platform, and (b) to negotiate in good faith, when 
requested, alternative means for distributing printed copies of potential exhibits for remote 
depositions in lieu of the procedure laid out in Paragraph 23 of the Remote Deposition Protocol. 
9. 
Except by agreement of the Parties, by leave or previous order of the Court, or as 
otherwise set forth herein (see infra Sections III, IV), each deposition shall take place during a 
single day and last no more than 7 hours on the record. 
10. 
In the case of a deposition that will extend beyond 7 hours (including certain non-
party depositions for up to 14 total hours under Section IV of this Protocol and certain Visa 
depositions for up to 10 total hours under Section III), the witness may elect to have the deposition 
occur over two consecutive business days (or non-consecutive business days if the Parties and/or 
non-party all agree). 
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11. 
The Parties may, by mutual agreement, schedule a deposition after the close of fact 
discovery without seeking leave of Court; if the Parties so agree, its content will not be 
objectionable purely on timeliness grounds. 
12. 
All notices of depositions shall be served on all Parties whose cases have not been 
settled or dismissed, regardless of whether the deposition is noticed in the DOJ Action, the Private 
Action, or both. 
13. 
This stipulation is without prejudice to the rights of any Party or non-Party to object 
to the noticing of or questioning during any particular deposition or to seek relief from or 
modification of this stipulation from the Court.  
14. 
Absent agreement of all Parties and, if applicable, the non-party, or order of the 
Court, there shall be no more than one FRCP 30(b)(1) deposition per witness across the 
Coordinated Actions.   
15. 
After a Party notices a deposition in the DOJ Action, the Private Actions, or both, 
any other Party may cross-notice the deposition in the actions to which they are a Party.   
16. 
The Parties shall be able to use for all purposes, including, but not limited to, 
deposition designations at trial, any fact deposition testimony (including testimony taken pursuant 
to FRCP 30(b)(6)) taken in either of the Coordinated Actions, including transcripts and 
accompanying exhibits, in either the DOJ Action or Private Actions as if the deposition was taken 
in that case.   
17. 
Only one attorney per Party may examine a witness during a deposition, though 
Private Plaintiffs may elect to have two examining attorneys, one for each of the (a) Merchant 
Plaintiffs and (b) Cardholder Plaintiffs. 
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18. 
Any objection by the Government or Private Plaintiffs shall be deemed to have been 
made on behalf of both the Government and Private Plaintiffs. Counsel need not repeat another 
counsel’s objection to preserve that objection, and counsel shall avoid repeating objections already 
preserved. Speaking objections are forbidden, and counsel shall not interpose objections to 
unreasonably disrupt the deposition. All objections shall be stated concisely in a non-
argumentative and non-suggestive manner in compliance with the FRCP and all other applicable 
rules.  
19. 
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. If counsel 
intends to initiate a private communication with any deponent to determine 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. Nothing in this paragraph is 
intended to alter any local or federal rules governing communications with witnesses during a 
deposition. 
20. 
In the event of a dispute during a deposition (whether noticed pursuant to FRCP 
30(b)(1) or 30(b)(6)), the Parties and/or non-party shall memorialize the dispute on the record and 
present the dispute to the Court by motion no later than 7 business days after the dispute arose. If 
the Court orders a Party or non-party to provide additional testimony (i.e., overrules the objection 
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 or 
another mutually agreeable date as determined by the Parties (and if, applicable, non-party) to the 
deposition. 
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II. 
ALLOCATION OF TIME 
21.  
Pursuant to the prior orders of the Court (United States v. Visa, Dkt. Nos. 53, 100; 
In re Visa Debit Litigation, Dkt. Nos. 98, 184), the Parties are limited to the following number of 
total on-the-record deposition hours: 
a. The Government is limited to a total of 350 hours; 
b. Private Plaintiffs are limited to a total of 125 hours; 
c. Visa is limited to a total of 350 hours. 
22.  
Visa is entitled to take depositions of up to three fact witnesses pursuant to FRCP 
30(b)(1) from each corporate Private Plaintiff, one deposition pursuant to FRCP 30(b)(6) of each 
corporate Private Plaintiff, and one deposition pursuant to FRCP 30(b)(1) of each individual 
Private Plaintiff. The Government shall be entitled to examine the witness at such depositions, as 
shall the Private Plaintiff that does not represent the witness. For purposes of such depositions 
only, each Party is allocated examination time that shall not count against against the limits set 
forth above in Paragraph 21: 
a. Merchant Depositions: 
i. Visa is entitled to 358 hours of non-counting time that may be used 
on 30(b)(1) or 30(b)(6) depositions of merchant plaintiffs. 
ii. Visa may additionally use counting hours from its budget of 350 
hours should it wish to use more than 358 hours deposing merchant 
plaintiffs. 
iii. Visa is limited to 6 hours on the record for any single deposition. 
iv. The Government is entitled to 1 non-counting hour at every 
deposition taken by Visa. 
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v. Where Visa and the Government finish the merchant deposition in 
under 7 hours on the record, Cardholder Plaintiffs may use up to two 
hours of (counting) time to depose the witness, even where they 
have not noticed or cross-noticed that deposition. The use of such 
time may not extend the deposition over 7 hours total on the record. 
vi. If a Visa deposition is cross-noticed, the parties will discuss in good 
faith whether a 1-day or 2-day deposition will be required. If the 
parties determine that 2 days are required, the deponent has the right 
to insist that the days be consecutive. 
b. Cardholder Depositions: 
i. Visa is entitled to 3.5 non-counting hours per cardholder plaintiff. 
ii. Visa may additionally use its hours from its budget of 350 hours 
should it wish to use additional hours deposing any cardholder 
plaintiff. 
iii. The Government is entitled to 1 non-counting hour at every 
cardholder deposition taken by Visa. 
iv. Where Visa and the Government finish the deposition in under 7 
hours on the record, Merchant Plaintiffs may use up to two hours of 
(counting) time to depose the witness, even where they have not 
noticed or cross-noticed that deposition.  
v. In no event will any cardholder plaintiff be subject to a deposition 
of more than 7 hours total on the record. 
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c. All parties retain the right to seek changes or exceptions to these terms for good 
cause. 
23. 
Each of the Government and Visa may use a maximum of 225 hours of such 
deposition time on the record in deposing adverse Party witnesses in the DOJ Action.   
24. 
The Parties agree that the following depositions do not count against the deposition 
limits: (a) depositions of the Parties’ expert witnesses; and (b) pre-complaint depositions taken in 
response to Civil Investigative Demands in the Government’s related investigation.  
25. 
Except to the extent the Parties agree otherwise, 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. 
26. 
Reasonable breaks will be excluded from calculation of deposition time under 
FRCP 30(d)(l). Only a reasonable amount of time for a deponent to review a document tendered 
for the examination will count against the FRCP 30(d)(l) limits. For the avoidance of doubt, this 
provision applies to both Party and non-party depositions. 
27. 
The Parties reserve the right to seek from the Court, with good cause, or by 
agreement of the Parties, additional deposition time with a particular witness or a different 
allocation of time for the witness’s deposition than the allocations that are set forth in this Protocol. 
28. 
The Private Plaintiffs and the United States will confer regarding intra-plaintiff 
hours allocations, bringing to the Court any disputes as to default allocations or procedures. 
29. 
Should the DOJ Action settle or otherwise terminate or if the Government has 
indicated that its depositions are complete before the United States has exhausted the 350 hours 
allotted to it for depositions, the unused balance of deposition hours will accrue to Private 
Plaintiffs. 
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30. 
The Designated Court Reporting Service, as that term is used in the Remote 
Deposition Protocol, shall officially record the hours spent by each Party on the examination of 
witnesses during depositions and shall provide the official time to the Parties upon request. 
III. 
PARTY DEPOSITIONS 
31. 
Before a Party deposition is noticed, a Party seeking to notice such a deposition 
shall coordinate in good faith with the other Parties to set a mutually agreeable date and time for 
the deposition and, if the deposition is to proceed in-person, a location that is convenient for the 
witness.  Remote depositions shall be otherwise governed by the Remote Deposition Protocol. 
32. 
If a Party’s former employee is sought for deposition, the noticing Party’s counsel 
shall first ask counsel for the Party believed to have formerly employed the prospective deponent 
(“Employer Party”) if Employer Party’s counsel represents the former employee. Employer 
Party’s counsel must inform the noticing Party’s counsel whether Employer Party’s counsel 
represents the former employee within 7 days. Employer Party’s counsel must make reasonable 
efforts within those 7 days to contact the former employee and ask if the former employee wants 
Employer Party’s counsel to represent her or him. Employer Party’s counsel must not condition 
this inquiry on the noticing Party first serving the former employee pursuant to FRCP 45. The 
following provisions shall also apply: 
a. 
If, after Employer Party’s counsel notifies the noticing Party’s counsel that 
it does not represent the former employee, the former employee notifies Employer Party or 
Employer Party’s counsel that the former employee wants Employer Party’s counsel to 
represent her or him, Employer Party’s counsel must notify the noticing Party within 3 
days. 
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b. 
If Employer Party’s counsel informs the noticing Party’s counsel that the 
prospective deponent is not represented by Employer Party’s counsel, Employer Party’s 
counsel shall provide the noticing Party’s counsel with the former employee’s last known 
contact information and address, and the noticing Party may serve the former employee 
pursuant to FRCP 45.  
33. 
The United States or Private Plaintiffs must serve a cross-notice of deposition of an 
officer or employee of Visa, if any, within 7 days of service of the original notice of deposition.   
34. 
Parties will use their best efforts to make witnesses available for deposition at a 
mutually agreeable time and location (if in-person) and without unreasonable delay.  
35. 
Each deposition of an officer or employee of a Party under FRCP 30(b)(1) shall 
presumptively be limited to 7 hours on the record absent agreement by the Parties or a showing of 
good cause to the Court. Notwithstanding this provision, for officers or employees of Visa and 
former officers or employees of Visa represented by counsel for Visa that have been noticed or 
cross-noticed by both the United States and Private Plaintiffs, the United States and Private 
Plaintiffs may collectively choose to examine 7 such witnesses for a maximum of 10 hours total 
on-the-record deposition time, which deposition shall take place over two consecutive days, except 
that Visa may limit to a single 7-hour day any deposition noticed of Visa’s current Chief Executive 
Officer and current Chief Financial Officer. For purposes of this provision, “current” means as of 
the date the deposition notice is served. 
36. 
Nothing in these provisions shall limit a Party from examining during a deposition 
a witness it represents (e.g., an officer or employee of the Party) for the purposes of the deposition; 
the first thirty minutes of any such examination shall not count toward that Party’s allocated 
examination time.  
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IV. 
NON-PARTY DEPOSITIONS 
37. 
Before a non-party deposition is noticed (whether it is to be taken pursuant to FRCP 
30(b)(1) or 30(b)(6)), a Party seeking to notice a non-party deposition shall coordinate in good 
faith with all of the other Parties and, where reasonably practicable, the non-party, to attempt to 
set a mutually agreeable date and time, as well as a location that is convenient for the witness, for 
the deposition.  All Parties shall have the opportunity to participate in this coordination process 
regardless of whether the Party noticing the deposition intends to notice it for only the DOJ Action 
or Private Actions. 
38. 
A Party, who in good faith indicates that it has not received requested documents 
or data from a non-party, may request that the deposition of that non-party or an employee of that 
non-party be delayed for a reasonable period of time to obtain such documents or data or, if the 
document discovery issue cannot be resolved consensually, to obtain resolution by the Court.  Any 
such request shall not be unreasonably denied. 
39. 
The noticing Party shall serve with any subpoena for a deposition of a non-party 
copies of this Deposition Protocol, the Remote Deposition Protocol, and the operative protective 
orders from both the DOJ Action and the Private Actions. 
40. 
A Party must serve a cross-notice of deposition subpoena on a non-party, if any, 
within 7 days of service of the original deposition notice.  
41. 
Absent agreement of the Parties, the Party who serves the first notice of subpoena 
shall examine the witness first.  In the case of either the Government or Private Plaintiffs noticing 
the deposition first, both shall examine the witness before Visa examines the witness. 
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42. 
The following provisions shall apply for non-party depositions: 
a. 
A noticing Party may examine a non-party witness for up to 5.5 hours if no 
other Parties cross-notice the deposition, and the other Parties may examine the witness for 
up to 0.75 hours each, for a total of 7 hours on the record. 
b. 
If two Parties notice or cross-notice the deposition, then each shall be 
entitled to examine the witness for up to 3.25 hours, unless the two noticing Parties agree 
to different time allocations after conferring before the deposition, and the other Party may 
examine the witness for up to 0.5 hours, for a total of 7 hours on the record. 
c. 
If all Parties notice or cross-notice the deposition, then the United States 
and Private Plaintiffs shall be entitled to examine the witness for up to a combined 5 hours, 
and Visa may examine the witness for up to 5 hours, for a total of 10 hours on the record. 
d. 
If either Visa, on the one hand, or the United States and Private Plaintiffs, 
on the other hand, do not use the full amount of time allocated to each side, the other side 
may use the remaining time, with time counted against the party that used it.   
43. 
The United States and Private Plaintiffs may collectively choose to examine 11 
non-party witnesses (whether pursuant to FRCP 30(b)(1) or 30(b)(6)) for a maximum of 7 hours 
allotted between the United States and Private Plaintiffs. The Government and Private Plaintiffs 
shall confer before each deposition to allocate the examination time among themselves. Visa may 
also choose to examine 11 non-party witnesses for a maximum of 7 hours per deposition.  For the 
avoidance of doubt, these additional provisions shall apply: 
a. 
In the event that both (a) Visa and (b) the Government and Private Plaintiffs 
choose to examine the same non-party witness for up to 7 hours, the deposition of such 
witness shall be no more than a total of 14 hours.  
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b. 
In the event that only one Party chooses to examine the non-party witness 
for up to 7 hours, the time allocations for cross-noticing and non-cross-noticing Parties in 
Paragraph 42, supra, shall apply for the other Parties, except that the non-cross-noticing 
Party in the circumstance described in Paragraph 42(b) may examine the witness for up to 
1 hour. 
44. 
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 Section on Non-Party 
Depositions. 
V. 
RULE 30(b)(6) DEPOSITIONS 
45. 
Absent agreement of the Parties or order of the Court, each Party may serve one 
notice pursuant to FRCP 30(b)(6) on each opposing Party.  For the avoidance of doubt, Visa may 
serve one notice pursuant to FRCP 30(b)(6) on each corporate entity that is a Private Plaintiff in 
the Private Actions. 
46. 
Absent agreement of the Parties or order of the Court, no more than one notice 
pursuant to FRCP 30(b)(6) shall be served on a non-party by each Party.  For the avoidance of 
doubt, Private Plaintiffs are two Parties (Merchant Plaintiffs and Cardholder Plaintiffs) for the 
purposes of this provision.  
47. 
The United States and the Private Plaintiffs shall coordinate to serve their FRCP 
30(b)(6) notices on Visa on the same date and, in any event, no more than one day apart.    
48. 
If more than one Party intends to serve a FRCP 30(b)(6) notice on a non-party, the 
Parties will confer in good faith and reasonably attempt to serve the notice(s) on the same date 
and, in any event, no more than one day apart.  
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49. 
FRCP 30(b)(6) notices may call for testimony on multiple subjects, and the 
responding Party or non-party may designate one or more different witnesses as to each subject 
matter. For those FRCP 30(b)(6) depositions for which the responding Party has designated 
multiple witnesses, the noticing Party may elect to have a different attorney examine each 
designated witness. 
50. 
No Party shall serve a FRCP 30(b)(6) notice later than August 7, 2026. Written 
responses and objections to FRCP 30(b)(6) notices shall be due 21 days after service. 
51. 
The Party or non-party shall identify the corporate representative(s) for a FRCP 
30(b)(6) deposition, and the topic(s) on which each representative will testify, no later than 2 weeks 
before the date of the deposition.  
52. 
FRCP 30(b)(6) deposition testimony shall be limited to 21 hours total per Party or 
non-party (regardless of the number of corporate designees for the Party or non-party), absent 
agreement by the Parties or a showing of good cause to the Court. 
53. 
For any deponents testifying pursuant to FRCP 30(b)(1) and 30(b)(6), the Parties 
will endeavor in good faith to schedule the corporate representative and individual portions of 
those depositions on the same day or on consecutive business days when reasonably practicable 
(or on non-consecutive business days if that is the deponent’s preference).  
54. 
The Parties agree that time spent on a witness’s FRCP 30(b)(6) testimony does not 
count towards the hours of on-the-record FRCP 30(b)(1) testimony for that witness, and, likewise, 
time spent on an individual’s FRCP 30(b)(1) testimony does not count towards the hours of on-
the-record FRCP 30(b)(6) testimony. 
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VI. 
EXHIBITS AND DOCUMENTS 
55. 
For in-person depositions, deposing counsel shall make reasonable efforts to 
provide one physical copy of each exhibit entered or document used at a deposition to (a) the 
witness, (b) counsel defending the witness, (c) the court reporter, (d) other noticing counsel, if any, 
and (e) each non-noticing Party present, immediately before its use unless the exhibit’s or 
document’s characteristics or other circumstances make presenting a physical copy unreasonable. 
56. 
In-person examining counsel shall also make available electronic copies of exhibits 
entered or documents used, including Party and non-party counsel attending the deposition either 
in person or remotely. 
57. 
Except as otherwise addressed in this order, the Remote Deposition Protocol shall 
govern the use of exhibits at depositions proceeding by remote means.  See Remote Deposition 
Protocol § VI. 
VII. 
MOTIONS TO COMPEL SUBPOENAS FOR PURPOSES OF PROCEEDING 
WITH DEPOSITIONS 
 
58. 
To avoid unnecessary delay with regard to the scheduling of deposition of non-
parties, the Parties agree that, no later than two weeks after June 26, 2026, they must either move 
to compel any non-party included on any preliminary witness list exchanged in the government 
case that received a subpoena for documents on or before April 13, 2026 but has not yet completed 
production of documents in response to that subpoena, or be deemed to have waived their right 
under Paragraph 38 of this Amended Stipulation and Order to request that any deposition of that 
non-party or an employee of that non-party be delayed.  However, to the extent that the non-party 
has already agreed, or agrees prior to June 26, 2026, to complete their productions of documents 
in response to the subpoena by a date certain (no later than July 31), and is working in good faith 
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with the parties on document production, the deadline for moving to compel in the foregoing 
sentence shall be extended until two weeks after that date certain deadline has passed. 
59. 
The Parties also agree that, no later than two weeks after July 10, 2026, they must 
either move to compel any non-party not included on any preliminary witness list exchanged in 
the government case that received a subpoena for documents on or before April 13, 2026 but has 
not yet completed production of documents in response to that subpoena, or be deemed to have 
waived their right under Paragraph 38 of this Amended Stipulation and Order to request that any 
deposition of that non-party or an employee of that non-party be delayed.  However, to the extent 
that the non-party has already agreed, or agrees prior to July 10, 2026, to complete their 
productions of documents in response to the subpoena by a date certain (no later than August 14), 
and is working in good faith with the parties on document production, the deadline for moving to 
compel in the foregoing sentence shall be extended until two weeks after that date certain deadline 
has passed. 
60. 
The filing of a letter-motion for a premotion discovery conference pursuant to Local 
Civil Rule 37.2 or the local rule of the relevant district court shall be deemed to satisfy the 
foregoing deadlines for filing any motion to compel. 
61. 
The parties retain the right to move the court to reopen a non-party deposition 
should that non-party later produce additional documents after any deposition of that non-party or 
any employee of that non-party.     
62. 
The parties agree that the above deadlines pertaining to motions to compel only 
affect whether a party can invoke the pendency of document discovery as a basis for postponing a 
deposition of the non-party.  In particular, the above deadlines do not apply to requests for 
documents or data, including structured data, from non-parties that will not impact the timing of 
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non-party depositions.  The parties may continue to seek documents or data from non-parties, 
negotiate that documents or data be produced in response to such requests for production, and 
move to compel the production of documents or data without regard to the above deadlines, 
provided that if the motion to compel deadlines discussed above have passed, the pendency of 
those efforts will not be a basis for postponing the deposition. 
63. 
In order to avoid needlessly burdening the Court with an unnecessary motion to 
compel, the parties agree to discuss in good faith whether an extension of the foregoing deadlines 
to file a motion to compel as to a particular non-party is appropriate, given unforeseen facts of the 
relevant non-party’s subpoena compliance efforts.  The party negotiating with the relevant non-
party shall make all efforts to ensure that the deposition of the non-party shall be scheduled 
promptly to avoid disrupting case deadlines.  Any such extension to file a motion to compel may 
be granted by agreement of the parties. 
* * * 
The Parties appreciate the Court’s consideration of this proposed order. 
Dated: June 15, 2026 
 
 
By: /s/ Jason S. Hartley 
 
 
Jason S. Hartley  
HARTLEY LLP  
101 W. Broadway, Suite 820 
San Diego, California 92101 
Telephone: (619) 400-5822 
hartley@hartleyllp.com 
lindner@hartleyllp.com 
 
Joseph R. Saveri  
Cadio Zirpoli  
David H. Seidel  
T. Brent Jordan  
JOSEPH SAVERI LAW FIRM, LLP 
Respectfully Submitted,  
 
 
 
 
 
Richard M. Paul III  
Mary Jane Fait  
Laura C. Fellows  
David W. Bodenheimer  
PAUL LLP 
600 Broadway, Suite 600 
Kansas City, Missouri 64105 
Telephone: (816) 984-8100 
Rick@PaulLLP.com 
MaryJane@PaulLLP.com 
Laura@PaulLLP.com 
David@PaulLLP.com 
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601 California Street, Suite 1505 
San Fransico, California 94108 
Telephone: (415) 500-6800 
jsaveri@saverilawfirm.com 
czirpoli@saverilawfirm.com 
dseidel@saverilawfirm.com  
tbjordan@saverilawfirm.com 
 
Interim Co-Lead Counsel for Cardholder 
Plaintiffs and the Cardholder Plaintiff 
Class 
 
/s/ Brent W. Johnson  
 
 
Christopher J. Hydal  
JOSEPH SAVERI LAW FIRM, LLP 
40 Worth Street, Suite 602 
New York, New York 10013 
Telephone: (646) 527-7310 
chydal@saverilawfirm.com 
 
 
Daniel McCuaig  
Brent W. Johnson  
Benjamin D. Brown  
Zachary Krowitz   
COHEN MILSTEIN SELLERS & TOLL 
PLLC 
1100 New York Ave. NW ● Eighth Floor  
Washington, DC 20005 
(202) 408-4600 
dmccuaig@cohenmilstein.com 
bjohnson@cohenmilstein.com  
bbrown@cohenmilstein.com  
zkrowitz@cohenmilstein.com  
Manuel J. Dominguez  
COHEN MILSTEIN SELLERS & TOLL 
PLLC 
2925 PGA Blvd. ● Suite 200 Palm 
Beach Gardens, FL 33410 
(561) 515-2604 
jdominguez@cohenmilstein.com 
 
Christopher J Cormier  
Matt Strauser  
Ian Baize   
BURNS CHAREST LLP 
4725 Wisconsin Avenue, NW, Suite 200 
Washington, DC 20016 
(202) 577-3977 
ccormier@burnscharest.com 
mstrauser@burnscharest.com 
ibaize@burnscharest.com 
Daniel P. Weick 
HAUSFELD LLP 
33 Whitehall Street 14th Floor  
New York, NY 10004 
Tel: (646) 357-1100 
Fax: (212) 202-4322 
dweick@hausfeld.com 
 
Jane Shin  
 HAUSFELD LLP 
1200 17th Street, NW Suite 600 
Washington, DC 20036 
Tel: (202) 540-7200 
 Fax: (202) 540-7201 
 jshin@hausfeld.com 
 
 
Brian Danitz 
Adam J. Zapala  
COTCHETT, PITRE & McCARTHY, LLP 
840 Malcolm Road 
Burlingame, CA 94010 
T: (650) 697-6000 
F: (650) 697-0577 
40 Worth Street, Suite 602 
New York, NY 10013 
T: (212) 381-6373 
F: (917) 398-7753 
bdanitz@cpmlegal.com 
azapala@cpmlegal.com 
 
Case 1:24-cv-07214-JGK     Document 164-1     Filed 06/15/26     Page 18 of 20

19 
 
Matthew Tripolitsiotis  
BURNS CHAREST LLP 
757 Third Avenue, 20th Floor 
New York, NY 10017 
(469) 895-5269 
mtripolitsiotis@burnscharest.com 
 
Interim Co-Lead and Executive Committee 
Counsel for Merchant Plaintiffs and the 
Merchant Plaintiff Class 
 
/s/ Michele Trichler _____ 
 
Craig Conrath 
Bennett J. Matelson 
Erin Murdock-Park 
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 
Bennett.Matelson@usdoj.gov 
Erin.Murdock-Park@usdoj.gov 
Michele.Trichler@usdoj.gov 
 
Counsel for Plaintiff, the United States 
 
 
WILKINSON STEKLOFF LLP  
  
/s/ Kieran Gostin  
 
 
Kieran Gostin (SBN NY 4847653)   
Beth Wilkinson (SBN NY 2181592)   
Brian Stekloff (admitted pro hac vice)  
Kosta Stojilkovic (admitted pro hac vice)  
Roxana Guidero (admitted pro hac vice)  
Alysha Bohanon (admitted pro hac vice)  
2001 M Street NW, 10th Floor   
Washington, DC 20036  
Telephone: (202) 847-4000  
Facsimile: (202) 847-4005   
kgostin@wilkinsonstekloff.com  
Case 1:24-cv-07214-JGK     Document 164-1     Filed 06/15/26     Page 19 of 20

20 
bwilkinson@wilkinsonstekloff.com  
bstekloff@wilkinsonstekloff.com  
kstojilkovic@wilkinsonstekloff.com   
rguidero@wilkinsonstekloff.com  
abohanon@wilkinsonstekloff.com  
  
Jeremy S. Barber (SBN NY 5344304)  
130 W 42nd Street, Floor 24  
New York, NY 10036  
Tel. (212) 294-8910  
Fac. (202) 847-4005  
jbarber@wilkinsonstekloff.com  
  
ARNOLD & PORTER KAYE SCHOLER 
LLP  
  
Margaret A. Rogers (SBN NY 4647087)  
250 West 55th Street  
New York, NY 10019  
Tel. (212) 836-8000  
margaret.rogers@arnoldporter.com  
  
Anne P. Davis (admitted pro hac vice)  
Robert Katerberg (admitted pro hac vice)  
601 Massachusetts Avenue NW  
Washington, D.C. 20001  
Tel. (202) 942-5000  
anne.davis@arnoldporter.com  
robert.katerberg@arnoldporter.com  
  
Counsel for Defendant Visa Inc.  
 
Case 1:24-cv-07214-JGK     Document 164-1     Filed 06/15/26     Page 20 of 20

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