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Court and Settlement Documents



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Documents Regarding Motion Of Wells Fargo To File Untimely Claims and to Access Certain Claims Information

  1. Order Granting in Part and Denying In Part Wells Fargo's Motion

    1. November 19, 2009 Order

  2. Wells Fargo's November 6, 2009 Reply in Further Support of its Motion for an Order to Show Cause

    1. Wells Fargo's November 6, 2009 Reply Memorandum
    2. Affidavit of David Weitman
    3. Affidavit of Patrick Norton
    4. Affidavit of Michelle Ayou

  3. Lead Counsel's October 30, 2009 Response to Wells Fargo's Motion for an Order to Show Cause

    1. Lead Counsel's October 30, 2009 Response to Wells Fargo's Motion for an Order to Show Cause
    2. Declaration of Perry Carbone (redacted)
    3. Declaration of Jason J. Enzler
    4. November 2, 2009 Cover Letter to Judge Gleeson

  4. Order to Show Cause Regarding Wells Fargo Retail Finance II, LLC

    1. October 8, 2009 Order to Show Cause
    2. Wells Fargo's October 6, 2009 Memorandum in Support of an Order to Show Cause
    3. Affidavit of David Weitman in Support of Order to Show Cause
    4. Affirmation of Roger J. Crane in Support of Order to Show Cause
    5. Affidavit of Patrick Norton in Support of Order to Show Cause



Documents Regarding the United States' Application to
Participate in the Distribution


1.   United States' March 21, 2006 Memorandum of Law in Support of its Application to Participate in the Distribution
a.   Grunes Decl. in Support of United States' Memorandum
2.   MasterCard International's March 21, 2006 Memorandum of Law in Support of United States' Application to Participate in the Distribution
a.   Exhibit A to MasterCard International's Memorandum
b.   Exhibit B to MasterCard International's Memorandum
3.   Visa U.S.A. Inc.'s March 21, 2006 Memorandum of Law in Support of United States' Application to Participate in the Distribution
a.   Bomse Decl. in Support of Visa's Memorandum
b.   Towne Decl. in Support of Visa's Memorandum
c.   Jeakins Decl. in Support of Visa's Memorandum
4.   Lead Counsel's April 20, 2006 Memorandum of Law in Opposition to the United States' Application to Participate in the Distribution
a.   Constantine Decl. in Support of Lead Counsel's Memorandum
b.   Exhibits to Constantine Decl. in Support of Lead Counsel's Memorandum
c.   Begleiter Decl. in Support of Lead Counsel's Memorandum
d.   McCormack Decl. in Support of Lead Counsel's Memorandum
e.   Passarella Decl. in Support of Lead Counsel's Memorandum
f.   Peters Decl. in Support of Lead Counsel's Memorandum
g.   Roth Decl. in Support of Lead Counsel's Memorandum
5.   United States' May 4, 2006 Reply Memorandum of Law in Support of its Application to Participate in the Distribution
a.   Grunes Decl. in Support of United States' Reply Memorandum
b.   Read Decl. in Support of United States' Reply Memorandum
6.   MasterCard International and Visa U.S.A. Inc.'s May 4, 2006 Reply Memorandum of Law in Support of United States' Application to Participate in the Distribution
a.   Brownstein Decl. in Support of MasterCard and Visa's Reply Memorandum
b.   Exhibit 1 to Brownstein Decl.
c.   Exhibit 2 to Brownstein Decl.
7.   Transcript of June 30, 2006 Hearing regarding the United States’ Application to Participate in the Distribution of the In Re Visa Check Settlement Funds
8.   December 29, 2006 Agreement with Respect to U.S. Government Merchant Claims

Final Orders Approving Settlements


• January 4, 2005 Second Circuit Decision Affirming in its Entirety the December 19, 2003 Order of the District Court Approving Class Settlement and Awarding Attorneys' Fees
• January 23, 2004 District Court Order and Final Judgment Approving MasterCard Settlement
• January 23, 2004 District Court Order and Final Judgment Approving Visa Settlement
• December 19, 2003 Order of the District Court Approving Class Settlement and Awarding Attorneys' Fees

Settlement Documents


• June 6, 2003 Notice of Motion For Preliminary Approval
• June 5, 2003 Memorandum of Law In Support of Motion for An Order Preliminarily Approving MasterCard Settlement
• June 6, 2003 Notice of Motion For Preliminary Approval
• June 5, 2003 Memorandum of Law In Support of Motion for An Order Preliminarily Approving Visa Settlement
• June 4, 2003 Visa Settlement Agreement
• June 4, 2003 MasterCard Settlement Agreement
• June 13, 2003 Court Order Preliminarily Approving Visa Settlement Agreement
• June 13, 2003 Court Order Preliminarily Approving MasterCard Settlement Agreement
• June 13, 2003 Stipulation and Order Approving Class Settlement Notice

Court Documents



• May 26, 1999 Second Amended Consolidated Class Action Complaint and Jury Demand
• June 24, 1999 Answer and Affirmative Defenses of Defendant MasterCard International Incorporated to the Second Amended Consolidated Class Action Complaint
• July 1, 1999 Answer of Defendant Visa U.S.A. Inc. to Second Amended Consolidated Class Action Complaint
• February 24, 2000 District Court Order Certifying the Class
• October 17, 2001 2nd Circuit Court of Appeals Order Affirming Class Certification
• June 10, 2002 Supreme Court Order Denying Defendants'/ Petitioners' Petition for a Writ of Certiorari
• June 21, 2002 Consent Order For Providing Notice to Members of the Certified Class
• October 29, 2002 Scheduling Order
• November 4, 2002 Unsealing Order
• November 7, 2002 Opt-out Extension Order
• April 1, 2003 Summary Judgment Order (denying defendants' motions and granting in part plaintiffs' motions)

Documents Regarding Final Approval of Settlement
Submitted 9/18/03


1.   Notice of Motion for Final Approval of Visa Settlement and Entry of Judgment
2. Notice of Motion for Final Approval of MasterCard Settlement and Entry of Judgment
3. Memorandum of Law in Support of Plaintiffs' Motion for Final Approval of Visa Settlement and MasterCard Settlement and exhibits (includes responses to objections)
4. Declaration of Professor Eric D. Green
5. Supplemental Declaration of Lloyd Constantine, Esq.
6. Supplemental Declaration of Franklin M. Fisher Valuing Benefits to Class
7. September 18, 2003 Status Report Concerning Notice of Settlement to Members of the Certified Class
a. Declaration of Mitchell C. Shapiro, Esq and exhibits
b. Declaration of Neil L. Zola and exhibits
c. Declaration of Wayne L. Pines and exhibits
d. Declaration of Libby Holman and exhibits
e. Declaration of George Green and exhibits
f. Declaration of Mallory Duncan and exhibits
g. Declaration of Morrison G. Cain and exhibit

To View Documents on Plan of Allocation and Distribution, click here.