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11-2221 - American Express Anti-Steering Rules Antitrust Litigation (NO II)


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11-2221 - American Express Anti-Steering Rules Antitrust Litigation (NO II)
July 13, 2012
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ORDER granting motion to compel 156. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/13/2012. Associated Cases: 1:11-md-02221-NGG-RER et al. (Reyes, Ramon)
February 11, 2014
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ORDER denying 279 Motion to Consolidate for the Purposes of Trial. Ordered by Judge Nicholas G. Garaufis on 2/11/2014. (Chapin, Benjamin)
August 12, 2014
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ORDER re Report of Court's Technical Advisor. Pursuant to the 333 Class Settlement Preliminary Approval Order, the court has received the written report of its technical advisor, Prof. C. Scott Hemphill. Because the report relies in part on documents and information that are under seal, counsel for the parties to the Class Settlement Agreement are directed to confer on appropriate redactions to the report and to provide the court a redacted version for public filing via email no later than August 15, 2014. In the interim, the court will file the report under seal and forward a copy to counsel for the Class Plaintiffs and Defendants via email. Ordered by Judge Nicholas G. Garaufis on 8/12/2014. (Chapin, Benjamin)
September 4, 2014
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ORDER re Request for Fees by Technical Advisor. The court has transmitted to counsel for Class Plaintiffs and Defendants the three monthly fee requests it has received from Professor C. Scott Hemphill for services rendered in the months of June, July, and August of this year. Any responses to or comments on these fee requests by Class Plaintiffs or Defendants shall be transmitted to the court via facsimile transmission and U.S. mail, or suitable express delivery service, no later than September 19, 2014. Ordered by Judge Nicholas G. Garaufis on 9/4/2014. Associated Cases: 1:11-md-02221-NGG-RER, 1:13-cv-07355-NGG-RER. (Chapin, Benjamin)
September 5, 2014
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ORDER re: Logistics for Fairness Hearing scheduled for September 17, 2014, and September 18, 2014. Ordered by Judge Nicholas G. Garaufis on 9/5/2014. Associated Cases: 1:11-md-02221-NGG-RER, 1:13-cv-07355-NGG-RER. (Day, Lori)
August 4, 2015
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MEMORANDUM & ORDER REDACTED PUBLIC VERSION: For the foregoing reasons, Class Plaintiffs' motion for final approval of the Class Settlement Agreement (Dkt. 361), and Class Counsel's motion for attorneys' fees (Dkt. 371), are both DENIED. Accordingly, the anti-suit injunction contained in paragraph 24 of the Class Settlement Agreement is VACATED. Additionally, Gary B. Friedman and the Friedman Law Group LLP are hereby REMOVED as Co-Lead Class Counsel and as interim class counsel in connection with the Amex Class Actions. Read McCaffrey, Christopher Hellmich, Mark Reinhardt, Squire Patton Boggs, and Reinhardt, Wendorf & Blanchfield are hereby ORDERED TO SHOW CAUSE in writing, by September 8, 2015, why any of them should continue in their capacities as interim class counsel, and, if they should so remain, to propose replacement interim class counsel in the place of Gary B. Friedman and Friedman Law Group LLP. Should Class Plaintiffs, with replacement interim class counsel, and American Express seek to return to mediation, they are DIRECTED to obtain a different mediator, who is experienced in antitrust law, and to seek court approval of that mediator. Finally, Class Plaintiffs and American Express are hereby DIRECTED to address, by September 8, 2015, whether the Marcus Action should remain in the Eastern District of New York or be transferred back to the Southern District of New York for further proceedings. Status Conference set for 10/5/2015 AT 10:00 AM in Courtroom 4D South. So Ordered by Judge Nicholas G. Garaufis on 8/4/2015. Associated Cases: 1:11-md-02221-NGG-RER, 1:13-cv-07355-NGG-RER (Lee, Tiffeny)
January 7, 2016
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MEMORANDUM & ORDER: The MPs' motion to modify the Scheduling Order and for leave to amend is DENIED WITHOUT PREJUDICE, the MPs' motion for the application of collateral estoppel is DENIED WITHOUT PREJUDICE, the MPs' motion for partial summary judgment is DENIED WITHOUT PREJUDICE. The court DENIES Amex's motion for summary judgment with respect to the no-surcharge rule and Am ex' s statute of limitations and laches defenses, and RESERVES JUDGMENT on Amex's motion for summary judgment with respect to the existence of an Amex-only market. In addition, as noted above, the Government Action remains pending before the Second Circuit, and the merits panel has entered a stay of the Permanent Injunction entered in that case. Accordingly, the court postpones the May 2, 2016, trial date in the MP Actions, and stays all upcoming deadlines in the parties' pre-trial schedule. (See July 21, 2015, Order (Dkt. 642).) Within fourteen (14) days of the date of entry of the mandate following the Second Circuit's disposition of the appeal in the Government Action, the parties shall confer regarding potential trial dates and file a joint letter setting forth their availability. So Ordered by Judge Nicholas G. Garaufis on 1/7/2016. Associated Cases: 1:11-md-02221-NGG-RER et al. (Lee, Tiffeny)
September 26, 2018
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MEMORANDUM & ORDER, For the foregoing reasons, the Merchant Plaintiffs' Motion to Compel (Dkt. 828) is GRANTED. American Express's anticipated Motion to Dismiss is DENIED WITHOUT PREJUDICE and the pending briefing schedule for that motion is terminated. American Express is DIRECTED to file its answer and defenses to the amended complaint within 14 days of the entry of this memorandum and order. The court understands that it previously set a briefing schedule for American Express's anticipated motion for summary judgment as to the two-sided,all-GPCC market; nevertheless, the court DIRECTS the Merchant Plaintiffs and American Express to consult with Magistrate Judge Ramon E. Reyes as to whether any adjustments to the briefing schedule are necessary, given the court's decision in this memorandum and order. The parties are further DIRECTED to advise the court of any adjustments they believe should be made to the briefing schedule for American Express's anticipated motion or motions forsummary judgment. So Ordered by Judge Nicholas G. Garaufis on 9/26/2018. (Lee, Tiffeny)