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IN RE CURRENCY CONVERSION FEE

May 10, 2004.

IN RE CURRENCY CONVERSION FEE ANTITRUST LITIGATION; GILBERT SCHRANK, individually and on behalf of all others similarly situated, Plaintiff, -against- CITIBANK (SOUTH DAKOTA), N.A., Defendant


The opinion of the court was delivered by: WILLIAM PAULEY, District Judge

ORDER

In accord with this Court's observations at the conclusion of oral argument on May 7, 2004, the parties are directed to submit additional memoranda of law addressing the following questions:
1: What effect does defendants' unilateral amendment of the cardholder agreements requiring binding arbitration of all disputes have on the putative class actions?
2: If defendants have constructive notice of the scope of a filed, putative class action, may they impose a mandatory arbitration policy on the unnamed class members prior to class certification?
Memoranda shall conform to the format set forth in this Court's Individual Practices. Initial memoranda must not exceed 20 pages, double-spaced in 12-point sized font, and shall be filed by May 21, 2004. Responsive memoranda, if any, must not exceed 10 pages and shall be filed by June 2, 2004. Any submissions that do not comply with this Order will not be considered.

  SO ORDERED.

20040510

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