IN RE: VISA DEBIT CARD ANTITRUST LITIGATION
- John Koeltl
- 1:24-cv-07435
- U.S. District Court · Southern District of New York
- 3
In re Visa Debit Card Antitrust Litigation: Judge Koeltl granted Visa’s application for a partial stay covering certain plaintiffs and released claims.
The stay affects Yabla, Inc., R&N Productions LLC d/b/a SewRobQnE, and claims asserted by or for entities that accepted Visa- or Mastercard-branded cards from January 1, 2004, through January 25, 2019, to the extent those claims are released under the earlier settlement. Unreleased plaintiffs and unreleased claims were not stayed under the request described in the opinion.
What happened
In re: Visa Debit Card Antitrust Litigation concerns Visa’s request to pause part of the case while another court considers whether an earlier class-action settlement released some claims. The plaintiffs consented to the request.
Visa argued that two named plaintiffs—Yabla, Inc. and R&N Productions LLC d/b/a SewRobQnE—and claims by certain card-acceptor plaintiffs may be covered by the earlier settlement. Visa also agreed to continue litigating claims by unreleased plaintiffs and claims that were not released.
The court granted the application for a partial stay until the settlement court decides Visa’s expected motion to enforce the earlier settlement. Judge John G. Koeltl’s order did not decide whether the claims were actually released.
The detailed version
- IN RE: VISA DEBIT CARD ANTITRUST LITIGATION · No. 1:24-cv-07435
- John Koeltl
- Feb. 24, 2025
Background
Visa submitted a consent letter motion requesting a partial stay, meaning a pause in the litigation as to specified parties and claims. The plaintiffs consented to the request.
Visa stated that some card-acceptor plaintiffs’ claims may be barred by the release and final judgment in an earlier class settlement in In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, No. 05-MD-1720 (E.D.N.Y.). The opinion states that the earlier settlement court retained exclusive jurisdiction to resolve the scope of the released claims.
Visa specifically identified Yabla, Inc. and R&N Productions LLC d/b/a SewRobQnE as two putative class representatives that Visa believed had released claims concerning the conduct at issue. Visa also said it would investigate the status of another named plaintiff, Broadway Grill, and would seek to enforce the earlier settlement before the end of the following month.
Requested Stay
Visa requested a stay as to Yabla, Inc. and R&N Productions LLC d/b/a SewRobQnE and as to all released claims asserted by or for entities that accepted Visa- or Mastercard-branded cards from January 1, 2004, through January 25, 2019. The requested stay would remain in place until final resolution of Visa’s forthcoming motion to enforce the earlier settlement.
The letter quoted the earlier settlement’s final judgment, which provides for an immediate stay when the settlement or final judgment is asserted as a defense or objection in another proceeding, until the settlement court resolves the issue and further judicial review is no longer possible.
Visa stated that, despite its asserted right to seek a full stay, it agreed to continue with the case as to unreleased named plaintiffs, putative class members, and claims. The letter also referenced a related government action and efficiency for the parties and convenience of witnesses as reasons for proceeding with those portions of the case.
Ruling
The court’s filing marks the application as “GRANTED” and “SO ORDERED.” The result was a partial stay covering the specified plaintiffs and released claims until the settlement court decides Visa’s motion to enforce the earlier settlement. The ruling did not determine whether any particular claim was released, and it did not decide the underlying antitrust claims. Judge John G. Koeltl entered the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.