In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation

DocketORDER re #8831 Letter from Rule 23(b)(3) Class Counsel in response to the Court's minute entry. The Court directs parties and objectors to submit any objection to the proposed special masters or special master procedures on or before May 26, 2023. Ordered by Chief Judge Margo K. Brodie on 5/19/2023. Associated Cases: 1:05-md-01720-MKB-VMS et al. (AB) (Entered: 05/19/2023)

Docket(#8832) Second MOTION to Intervene and Memorandum in Support by Jack Rabbit LLC. (Attachments: #1 Exhibit [PROPOSED] COMPLAINT IN INTERVENTION) (Bacharach, N.) (Entered: 05/18/2023)

Docket(#8831) Letter from Rule 23(b)(3) Class Counsel in response to the Court's minute entry, ECF No. 8828 by Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Attachments: #1 Exhibit A - Proposed Order Appointing Special Master, #2 Exhibit B - Curriculum Vitaes) (Bernay, Alexandra) (Entered: 05/18/2023)

Docket(#8830) NOTICE by CryoServices, Inc., Dell Fox Jewelry LLC, Hayley Lanning, SBG Designs, LLC (Notice of Withdrawal of Attorney Benjamin E. Shiftan) (Warshaw, Daniel) (Entered: 05/15/2023)

Docket(#8829) NOTICE by Plaintiffs in Civil Action Grubhub Holdings Inc., et al. v. Visa, et al., 1:19-cv-06555 re #8097 Notice of MOTION for Partial Summary Judgment Notice of Joinder In Target Plaintiffs' Motion for Partial Summary Judgment (Wilson, James) (Entered: 05/15/2023)

Docket(#8828) Minute entry for proceedings held before Chief Judge Margo K. Brodie and Magistrate Judge Vera M. Scanlon. On May 11, 2023 at 2:00 PM in Courtroom 6F North, the Court heard from the parties and objectors. Damages action:The parties will first try to resolve service awards issue in view of the Second Circuit decision, but if they are unable to do so, Class Counsel will advise the Court and file a motion and the Court will give objectors an opportunity to respond. On or before May 18, 2023, the parties shall submit the names of at least two additional potential candidates for special master as well as a proposed order regarding the role of the special master; the Court will give other parties the opportunity to respond to the proposal. The Court will consider requests from counsel to be appointed to represent the franchisees as a class; and Class Counsel will have the opportunity to explain why current counsel can fairly present the issues to the special master and why the Court should delay any appointment of counsel to represent the franchisees. Jack Rabbit will serve a second renewed motion to intervene on or before May 18, 2023; Class Counsel and Old Jericho Plaintiffs (and any other party) will serve a response on or before June 1, 2023; Jack Rabbit will serve and file any reply on or before June 8, 2023. Equitable Relief Action, opt-out actions and actions filed after the (b)(3) settlement:On or before June 11, 2023, the parties will advise the Court as to whether they would like to supplement their response to Defendants' summary judgment motion to address the issue of direct evidence of an anticompetitive effect in the two-sided transaction market. See 1-800 Contacts, Inc., 1 F.4th 102 (2d Cir. 2021); see also Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209, 242 (1993) ("Expert testimony is useful as a guide to interpreting market facts, but it is not a substitute for them."); Virgin Atlantic Airways Ltd. V. British Airways PLC, 257 F.3d 256, 264 (2d Cir. 2001) (explaining that expert testimony rooted in hypothetical assumptions cannot substitute for "actual market data"). On or before June 12, 2023, counsel will submit a joint letter with their proposed schedule for supplemental discovery to conclude no later than November 9, 2023. If counsel believe that they need longer than the previously requested 150 days to complete discovery, they should explain their reasons for the additional time requested. To the extent counsel do not agree on the proposed schedule for supplemental discovery, they should explain with specificity the reasons their disagreement(s). Grubhub Plaintiffs will join Target's summary judgment motion and supplemental letters and Defendants will file any summary judgment motions within sixty days of Grubhubs filings; the parties will agree a briefing schedule. On or before June 11, 2023, the parties in Lanning and Camp Coffee Grounds will propose a schedule for discovery. (Court Reporter Sophie Nolan.) Associated Cases: 1:05-md-01720-MKB-VMS et al. (AB) (Entered: 05/13/2023)

Docket(#8827) NOTICE by Capital One Bank, Capital One Bank, (USA), N.A., Capital One Financial Corp of Withdrawal as Counsel of Record (Attachments: #1 Declaration of John Zavitsanos) (Zavitsanos, John) (Entered: 05/12/2023)

Docket(#8826) NOTICE by Capital One Bank, Capital One Bank, (USA), N.A., Capital One Financial Corp of Withdrawal as Counsel of Record (Warshauer, Jordan) (Entered: 05/12/2023)

DocketORDER granting #8825 Motion to Appear by Telephone/Video. Ordered by Chief Judge Margo K. Brodie on 5/11/2023. (AB) (Entered: 05/11/2023)

Docket(#8825) MOTION to Appear by Telephone/Video by Fikes Wholesale, Inc.. (Eisinger, Jana) (Entered: 05/11/2023)

Docket(#8) STIPULATION to Extend Time of Defendants to Move, Answer or Otherwise Respond to Plaintiffs' Complaint and Continue All Other Pretrial Deadlines by Bank One Corporation, Bank One Delaware, N.A., Chase Manhattan Bank USA, N.A., JPMorgan Chase & Co.. (Attachments: #1 Certificate of Service)Associated Cases: 1:05-md-01720-JG-CLP,1:05-cv-04677-JG-RLM(Greene, Peter) (Entered: 11/03/2005)

Docket(#7) STIPULATION to Extend Time of Defendants to Respond to Complaint and Stay All Pretrial Deadlines by Mastercard International Incorporated. (Powell, Wesley) (Entered: 11/02/2005)

DocketORDER re #6 Stipulation, the stipulation is "so ordered." Defendants will move, answer or otherwise respond on or before December 19, 2005. All other pre-trial deadlines are continued until a coordinated schedule for pre-trial proceedings has been set. Ordered by Judge John Gleeson on November 2, 2005. (Gleeson, John) (Entered: 11/02/2005)

Docket(#6) STIPULATION to Extend Time of Defendants to Respond to Complaint and Stay All Pretrial Deadlines by Mastercard International Incorporated. (Powell, Wesley) (Entered: 10/31/2005)

Docket(#5) NOTICE of Appearance by Sammi Malek on behalf of American Express Travel Related Services Company, Inc. (Malek, Sammi) (Entered: 10/31/2005)

Docket(#4) NOTICE of Appearance by Jonathan Mitchell Jacobson on behalf of American Express Travel Related Services Company, Inc. (Jacobson, Jonathan) (Entered: 10/31/2005)

DocketCase assigned to Judge Cheryl L. Pollak. (Brown, Marc) (Entered: 10/21/2005)

Docket(#3) MDL Panel - Attorney Service List. (Vaughn, Terry) (Entered: 10/20/2005)

Docket(#2) Transfer Order rec'd. from the MDL Panel transferring the civil actions listed in Schedule A to EDNY for consolidated pretrial proceedings. (Vaughn, Terry) (Entered: 10/20/2005)

Docket(#1) Letter from the MDL Panel to the Clerk, EDNY, enclosing a copy of the MDL Panel's Transfer Order placing this MDL action in EDNY and assigning it to Judge Gleeson. (Vaughn, Terry) (Entered: 10/20/2005)