B & R Supermarket, Inc., et al v. Visa, Inc. et al

Filing 266

QUESTIONS FOR JUNE 23 HEARING. Signed by Judge William Alsup on 6/21/2016. (whasec, COURT STAFF) (Filed on 6/21/2016)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 B & R SUPERMARKET, INC., GROVE LIQUORS, LLC, No. C 16-01150 WHA Plaintiffs, 11 For the Northern District of California United States District Court 10 12 v. QUESTIONS FOR JUNE 23 HEARING VISA, INC., VISA USA, INC., et al., Defendants. 13 / 14 15 16 17 For our hearing on Thursday, June 23, what does the record tell us on the following questions: 1. Before the Liability Shift, was the decision to make merchants 18 liable for the charge backs made by the issuing bank? What was the role of the 19 Network in deciding whether to make merchants liable for a charge back? 20 2. Same questions for after the Liability Shift. 21 3. How does the issuing bank even know that the mag-strip 22 transaction was on an EMV card and that the Network had not yet certified the 23 merchant equipment? 24 Time will be short. 25 26 27 28 Dated: June 21, 2016. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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