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

Filing 423

ORDER GRANTING 405 LEAVE TO FILE MOTION TO TRANSFER. Signed by Judge Alsup on 3/9/2017. Motion due by 3/27/2017. (whalc2, COURT STAFF) (Filed on 3/9/2017)

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6
FOR THE NORTHERN DISTRICT OF CALIFORNIA
7
8
B & R SUPERMARKET, INC., et al.,

10

Plaintiffs,

11
For the Northern District of California

United States District Court

9

12
13

v.
ORDER GRANTING LEAVE TO
FILE MOTION TO TRANSFER

VISA, INC., et al.,
Defendants.
/

14
15

No. C 16-01150 WHA

The Court has considered defendants Mastercard and Visa’s letter dated March 1, 2017,

16

requesting leave to file a motion to transfer this action to the Eastern District of New York (Dkt.

17

No. 405), and plaintiffs’ opposition to said request (Dkt. No. 409). According to Mastercard

18

and Visa (Dkt. No. 405 at 2):

19

24

On February 8, 2017, in MDL 1720, the putative damages class
(represented by Robbins Geller) proposed a third amended
complaint, and the putative injunctive relief class filed a similar
amended complaint for equitable relief. Just like the complaint
filed in this action, those amended class complaints assert that Visa
and Mastercard violated the federal antitrust laws when rolling out
EMV chip card technology and establishing the attendant liability
shifts. As a result of this recent action . . . all of the fundamental
issues in this case now also are being litigated on a class-wide
basis in the comprehensive, first-filed MDL 1720 class actions.

25

Leave is GRANTED on the condition that, in their motion to transfer, Mastercard and

26

Visa append true and correct copies of the “third amended complaint” and “similar amended

27

complaint” referenced above. In their briefing on the motion to transfer, both sides shall please

28

provide detailed side-by-side comparisons of said complaints to the operative complaint in our

20
21
22
23

case, and point out any significant similarities or differences with precise and accurate citations

1

to each document. Furthermore, in addition to discussing the possibility of transfer, both sides

2

shall also address in their briefing whether this Court should stay this case out of deference to

3

the overlapping MDL litigation in New York.

4
5

Mastercard and Visa shall please file the motion by MARCH 27 AT NOON, to be heard on
the normal 35-day track.

6
7

IT IS SO ORDERED.

8
9

Dated: March 9, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2