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
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Barbara S. Jones
United States District Judge
Having reviewed defendant VISA USA, Inc.'s ("VISA USA")
Motion to Compel Pursuant to Fed. R. Civ. P. 37(a), the parties'
memoranda and affidavits, the pertinent case law, and the
pertinent Rules, the Court:
ORDERS that the United States shall provide to the Court
for its in camera review the information necessary for the
Court to determine whether the identities of the four
interviewees for whom the United States claims a so-called
informant privilege should remain undisclosed.
DENIES defendant VISA USA's motion to compel disclosure of
interview notes, summaries or transcripts taken by or for
the United States because defendant VISA USA has failed to
make the requisite showing to overcome the qualified
protection afforded such documents under the work product
doctrine.
DENIES defendant VISA USA's motion to compel disclosure of
economic analyses prepared by consultants to the United
States because defendant VISA USA has failed to make the
requisite showing to require disclosure of non-testifying
expert materials. Disclosure of testifying expert
materials shall be made in accordance with Fed. R. Civ. P.
26(b) (4) (A) and at the times specified in 'the parties'
case management plan.
SO ORDERED:
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_______________/s/________________
Barbara S. Jones
UNITED STATES DISTRICT JUDGE
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New York, New York
January 27, 1999
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