United States District Court, S.D. New York
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
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
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.
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