Nypl v. JP Morgan Chase & Co. et al

Filing 607

ORDER: For the reasons stated at the conference and stated by Defendants' in the joint letter, it is hereby ORDERED that, with respect to Issues No. 1 and 2, the responses of the JPMorgan, HSBC, Barclays, RBS and UBS Defendants are sufficient. The Bank of America and Citibank Defendants are directed to review the available data and file a letter by July 30, 2020, to confirm that no further data is available to be produced regarding the break-down of transactions between transactions co nducted by business end-users and consumer end-users. It is further ORDERED that, with respect to Issue No. 3, Defendants' responses are sufficient because the disputed interrogatory did not seek the daily spot or retail exchange rates used in the requested calculation, but only the calculation itself. It is further ORDERED that, with respect to Issues No. 4 and 5, Plaintiffs' request for reconsideration of this Court's prior orders regarding the inclusion of electronic purchas es within the definition of "purchases" alleged in the operative complaint is DENIED for substantially the reasons outlined in Defendants' arguments in the joint letter and for the reasons set forth in this Court's Orders at Dk t. Nos. 319, 349, 447 and 464. For this reason and based on Defendants' representations in the joint letter, with respect to Issue No. 4, Defendants' responses are sufficient. It is further ORDERED that, by July 30, 2020, the parties shall file a joint letter proposing appropriate amendments to the deadlines in Section IV of the Third Amended Civil Case Management Plan and Scheduling Order (Dkt. No. 548). (Signed by Judge Lorna G. Schofield on 7/23/2020) (cf)

Case 1:15-cv-09300-LGS Document 607 Filed 07/23/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
:
JOHN NYPL, et al.,
:
Plaintiffs, :
:
-against:
:
JP MORGAN CHASE & CO., et al.,
:
Defendants. :
------------------------------------------------------------ X

15 Civ. 9300 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, on July 10, 2020, the parties filed a joint letter regarding a dispute
concerning the sufficiency of Defendants’ responses to two Interrogatories. See Dkt. No 579.
WHEREAS, a conference was held on July 23, 2020, to address the dispute. For the
reasons stated at the conference and stated by Defendants’ in the joint letter, it is hereby
ORDERED that, with respect to Issues No. 1 and 2, the responses of the JPMorgan,
HSBC, Barclays, RBS and UBS Defendants are sufficient. The Bank of America and Citibank
Defendants are directed to review the available data and file a letter by July 30, 2020, to confirm
that no further data is available to be produced regarding the break-down of transactions between
transactions conducted by business end-users and consumer end-users. It is further
ORDERED that, with respect to Issue No. 3, Defendants’ responses are sufficient
because the disputed interrogatory did not seek the daily spot or retail exchange rates used in the
requested calculation, but only the calculation itself. It is further
ORDERED that, with respect to Issues No. 4 and 5, Plaintiffs’ request for reconsideration
of this Court’s prior orders regarding the inclusion of electronic purchases within the definition of
“purchases” alleged in the operative complaint is DENIED for substantially the reasons outlined
in Defendants’ arguments in the joint letter and for the reasons set forth in this Court’s Orders at
Dkt. Nos. 319, 349, 447 and 464. For this reason and based on Defendants’ representations in the

Case 1:15-cv-09300-LGS Document 607 Filed 07/23/20 Page 2 of 2

joint letter, with respect to Issue No. 4, Defendants’ responses are sufficient. It is further
ORDERED that, by July 30, 2020, the parties shall file a joint letter proposing
appropriate amendments to the deadlines in Section IV of the Third Amended Civil Case
Management Plan and Scheduling Order (Dkt. No. 548).
Dated: July 23, 2020
New York, New York

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