1 ANNE P. DAVIS (admitted pro hac vice) [email protected] 2 MATTHEW EISENSTEIN (admitted pro hac vice) [email protected] 3 ARNOLD & PORTER KAYE SCHOLER LLP 601 Massachusetts Ave, NW 4 Washington, D.C. 20001-3743 Telephone: (202) 942-5000 5 Facsimile: (202) 942-5999 6 SHARON D. MAYO (Bar No. 150469) 7 [email protected] ANDREW S. HANNEMANN (Bar No. 322400) 8 [email protected] 9 ARNOLD & PORTER KAYE SCHOLER LLP Three Embarcadero Center, 10th Floor 10 San Francisco, CA 94111-4024 Telephone: (415) 471-3100 11 Facsimile: (415) 471-3400 12 Attorneys for Defendant VISA INC. 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 SPENCER BUENO, individually and on behalf of all others similarly situated Case No.: 4:24-cv-08968-HSG 17 18 Plaintiff, STIPULATION AND ORDER TO TRANSFER THIS CASE TO THE 19 v. SOUTHERN DISTRICT OF NEW YORK (as modified) 20 VISA, INC., 21 Defendant. 22 23 24 25 26 27 28 1 Plaintiff Spencer Bueno (“Plaintiff”) and Defendant Visa Inc. (“Visa”), by and through their 2 respective attorneys of record herein, enter into this Stipulation with reference to the following 3 circumstances: 4 WHEREAS, on December 11, 2024, Plaintiff filed its complaint against Visa in the Northern 5 District of California (“Complaint”); 6 WHEREAS, the parties have reached an agreement to extend the time within which Visa must 7 move, answer, or otherwise respond to Plaintiff’s complaint; 8 WHEREAS, Visa filed a motion pursuant to

(a) to transfer this action to the 9 Southern District of New York (see ECF No. 20), where the Department of Justice filed a related 10 complaint on September 24, 2024, Civil Action No. 1:24-cv-7214, six other related putative Class 11 Action Complaints are also pending under a consolidated caption (see In re: Visa Debit Card Antitrust 12 Litig., Case No. 1:24-cv-07435-JGK (S.D.N.Y.)) (collectively, the “Related New York Class 13 Actions”), and a seventh related putative class action is in the process of transferring (see Fletcher v. 14 Visa Inc., No. 4:24-cv-00752, ECF No. 12 (W.D. Mo. Nov. 22, 2024) (order transferring case to 15 S.D.N.Y.)); 16 WHEREAS,

(a) permits transfer of a case to any “district to which the parties 17 have agreed by contract or stipulation.” Atl. Marine Const. Co. v. U.S. Dist. Ct. for W. Dist. of Texas, 18

(2013); 19 WHEREAS, Plaintiff does not oppose Visa’s motion to transfer this action and hereby consents 20 and stipulates to transfer this action to the Southern District of New York; 21 NOW, THEREFORE, the undersigned parties hereby stipulate, and the Court orders, as follows: 22 1. The deadline for Defendant to move, answer, or otherwise respond to Plaintiff’s complaint is 23 adjourned until such time set by the transferee court. 24 2. For the reasons set forth in Visa’s pending motion to transfer (ECF No. 20), Plaintiff’s 25 complaint is hereby transferred to the United States District Court for the Southern District of 26 New York for further proceedings. 27 3. All other deadlines set by this Court are hereby vacated. 28 4. This stipulation is entered into without prejudice to any party seeking any interim relief. 1 5. Nothing in this Stipulation shall be construed as a waiver of any of Plaintiff’s, potential Class 2 members’, and Defendant’s rights or positions in law or in equity, or as a waiver of any 3 defenses that Defendant would otherwise have, including, without limitation, defenses on lack 4 of personal jurisdiction or inconvenient forum. 5 IT IS SO STIPULATED. 6 7 Dated: December 23, 2024 ARNOLD & PORTER KAYE SCHOLER LLP 8 By: /s/ Sharon D. Mayo SHARON D. MAYO 9 Attorney for Defendant 10 VISA INC. 11 Dated: December 23, 2024 BATHAEE DUNNE LLP 12 By: /s/ Brian J. Dunne 13 BRIAN J. DUNNE 14 Attorney for Plaintiff and the Proposed Class 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 SIGNATURE ATTESTATION 2 I, Sharon D. Mayo, am the ECF user whose user ID and password are being utilized to 3 electronically file this STIPULATION AND [PROPOSED] ORDER TO TRANSFER THIS CASE 4 TO THE SOUTHERN DISTRICT OF NEW YORK. Pursuant to Local Rule 5-1(i)(3), I hereby attest 5 that the other signatories have concurred in this filing. 6 7 Dated: December 23, 2024. ARNOLD & PORTER KAYE SCHOLER LLP 8 By: /s/ Sharon D. Mayo 9 SHARON D. MAYO 10 Attorney for Defendant VISA INC. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ORDER 2 Based on the stipulation of the parties, and good cause appearing therefore, IT IS HEREBY 3 ORDERED that the Stipulation is approved. 4 PURSUANT TO STIPULATION, IT IS SO ORDERED. This order terminates docket no. 20. 5 The Clerk is directed to transfer this case to the United States District Court for the Southern District of New York and then close the case. 7 || DATED: 12/23/2024 AMastarerd Ld g THE HONORABLE HAYWOOD S. GIL □□□ United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28