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

Filing 396

ORDER GRANTING 388 ADMINISTRATIVE MOTION TO ISSUE LETTER ROGATORY AND APPOINT COMMISSIONER by Hon. William Alsup. (whalc2, COURT STAFF) (Filed on 2/9/2017)

1 Kenneth A. Gallo (admitted pro hac vice)
[e-mail]
2 Craig A. Benson (admitted pro hac vice)
3 [e-mail]
PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP
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2001 K Street, NW
5 Washington, DC 20006-1047
Tel: [phone]
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Attorneys for Defendant
8 MASTERCARD INTERNATIONAL
INCORPORATED
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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B & R SUPERMARKET, INC., d/b/a
MILAM'S MARKET, et al.,
Plaintiffs,

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v.
VISA, INC., et al.,

Case No. 3:16-cv-01150-WHA
[PROPOSED] ORDER FOR
ISSUANCE OF LETTER
ROGATORY AND APPOINTMENT
OF A COMMISSIONER

Honorable William H. Alsup

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Defendants.

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Upon consideration of Defendants’ Administrative Motion for an Order Issuing Letter

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Rogatory and Appointing a Commissioner Pursuant to 28 U.S.C. section 1781 and the Hague

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Convention (“Motion”),

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IT IS HEREBY ORDERED that Defendants’ Motion is GRANTED.

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IT IS FURTHER ORDERED that:

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1.

Pursuant to Article 17 of the Hague Convention, Nathalie Meyer Fabre

(the “Commissioner”) is hereby appointed, pending approval of the French Ministère de la
[Proposed] Order for Issuance of Letter Rogatory and
Appointment of a Commissioner: Case No. 3:16-cv-01150-WHA

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Justice and subject to the terms of the Court’s Letter of Request for International Judicial

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Assistance, as the Commissioner to receive from FIME documents located in France that are

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responsive to Exhibit 2 to the Motion, and to simultaneously transmit the documents to counsel

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for Defendants pursuant to Article 17 of the Hague Convention, and, in performance of her

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appointment as Commissioner and duties thereunder, upon completion to inform the French

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Ministère de la Justice;
2.

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The signed Motion, Order, and Request for International Judicial

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Assistance will be given to counsel for Defendant Mastercard, who are hereby directed to request

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that Alexander Blumrosen, counsel for FIME, file this document in English, along with a French

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translation of the same, as well as English and French versions of Defendant Mastercard’s

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Subpoena (Exhibit 2 to the Motion), with the Ministère de la Justice, Direction des Affaires

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Civiles et du Sceau, Bureau de l’entraide civile et commerciale internationale (D3), 13, Place

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Vendôme, 75042 Paris Cedex 01, France;
3.

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Defendants will bear the costs of the Hague Convention proceedings—

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including the fees of the Commissioner and the translation fees or costs—up to a maximum of

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$20,000 without prior approval of the Defendants. The Commissioner must seek approval from

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Defendants for any work that will result in the fees and costs exceeding $20,000. Each party will

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be responsible for the fees and expenses, if any, of its own attorneys relating to the Hague

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Convention proceedings; and

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[Proposed] Order for Issuance of Letter Rogatory and
Appointment of a Commissioner: Case No. 3:16-cv-01150-WHA

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4.

Neither the Motion, this Order, the production of documents pursuant to

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the Hague Convention, nor the terms of the Court’s Letter of Request for International Judicial

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Assistance shall constitute or operate as a waiver of any argument, position, allegation, or

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defense of any party in the above-captioned action, or of the attorney-client privilege, the work-

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product doctrine, or any other privileges, rights, or protections that may apply to that evidence

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under the laws of France or the United States.

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IT IS SO ORDERED.

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Dated: ___________________
February 9, 2017.

_______________________________________
HONORABLE WILLIAM H. ALSUP
UNITED STATES DISTRICT COURT JUDGE

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-3–
[Proposed] Order for Issuance of Letter Rogatory and
Appointment of a Commissioner: Case No. 3:16-cv-01150-WHA