UNITED STATES DISTRICT
COURT SOUTHERN DISTRICT OF
NEW YORK
UNITED STATES OF AMERICA,
Plaintiff,
v.
VISA USA, INC., VISA
INTERNATIONAL CORP., AND
MASTERCARD INTERNATIONAL, INC.,
Defendants.
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98 Civ. 7076 (BSJ)
ORDER
(Stamped date: 06/02/1999)
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Barbara S. Jones
United States District Judge
Having carefully reviewed the parties' submissions relating
to discovery and scheduling of the above-entitled action, and
having reviewed the relevant law, the Court ORDERS
- That the defendants make available to the Government,
for copying by the Government or at the Government's
expense, non-privileged, responsive documents on CD-
Rom;1
- In light of the Government's recent proposals to the
defendants that the Government would revise and limit
its outstanding document requests, that the Government
provide a revised and more limited set of document
demands to defendants;
- That document discovery be completed by the currently
ordered date of June 18, 1999; and
- That the Government and the defendants shall, on or
before June 23, 1999, inform the Court in writing what,
if any, document discovery remains outstanding.
The
parties are directed to appear before the Court for a status
and scheduling conference on June 25, 1999, at 4:00 p.m., in
Courtroom 905, the United States Courthouse, 40 Foley Square,
New York, New York 10007.
SO ORDERED:
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_______________/s/________________
Barbara S. Jones
UNITED STATES DISTRICT JUDGE
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New York, New York
June 1, 1999
FOOTNOTES
1 The Court does not see any justification for requiring
the Government to pay the cost of creating the CD-Rom documents,
as opposed to paying the cost of copying them, given that the
defendants created the documents voluntarily and not in order to
comply with a document demand from the Government. Moreover, to
the extent that the CD-Rom documents constitute attorney work
product, the Court concludes that the Government has shown that
their substantial equivalent is not available without undue
burden. This conclusion is based, in part, on the tight trial
schedule and the need for expeditious conclusion of discovery.
CHAMBERS OF
Hon. Barbara S. Jones
United States District Court
Foley Square
New York, New York 10007
Tel: (212) 805-6185
Fax: (212) 805-6191
FAX COVER SHEET
To: |
Melvin A. Schwartz
Attorney for Plaintiff
Fax: 202 307-9952
Stanley S. Arkin
Attorney for Defendant
Fax: 212 333-2350
Eugene F, Bannigan
Attorney for Defendant
Fax: 212 309-6273
Martin L. Seidel
Attorney for Defendant
Fax: 212 878-8375 |
It is ordered that counsel to whom this Memo
Endorsement is sent is responsible for faxing a copy to all
counsel and retaining verification of such in the case file.
Do not fax such verification to chambers.
TOTAL P. 03
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