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Supreme Court of the United States ______ NO. 20-297 In the Supreme Court of the United States ________________ TRANSUNION LLC, Petitioner, v. SERGIO L. RAMIREZ, Respondent. ________________ On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit ________________ JOINT APPENDIX Volume II of III ________________ SAMUEL ISSACHAROFF PAUL D. CLEMENT Counsel of Record Counsel of Record 40 Washington Square S. KIRKLAND & ELLIS LLP New York, NY 10012 1301 Pennsylvania Ave., NW (212) 998-6580 Washington, DC 20004 [email protected] (202) 389-5000 [email protected] Counsel for Respondent Counsel for Petitioner February 1, 2021 Petition for Writ of Certiorari Filed Sept. 2, 2020 Petition for Writ of Certiorari Granted Dec. 16, 2020 JA i TABLE OF CONTENTS VOLUME I Relevant Docket Entries, United States Court of Appeals for the Ninth Circuit, Ramirez v. Trans Union LLC, No. 17-17244 ................... JA-1 Relevant Docket Entries, United States District Court for the Northern District of California, Ramirez v. Trans Union LLC, No. 3:12-cv- 00632 ............................................................ JA-10 Stipulation Regarding Class Data (June 13, 2017) ............................................ JA-48 Excerpts from TransUnion General Announcement #26 (Aug. 13, 2002) ............ JA-50 Letter from TransUnion to S. Cortez re Results of Dispute (May 10, 2005) ........................... JA-58 TransUnion Credit Report for S. Cortez (June 3, 2005) .............................................. JA-59 OFAC Advisor Amendment to Reseller Service Agreement (June 30, 2010) ......................... JA-62 Letter from OFAC to TransUnion re Concerns re Interdiction Products (Oct. 27, 2010) ......... JA-66 Letter from TransUnion to OFAC in Response to Letter re Concerns re Interdiction Products (Feb. 7, 2011) ............................................... JA-68 TransUnion Internal Email re Accuity Changes (Feb. 10, 2011) ............................................. JA-75 TransUnion Credit Report for S. Ramirez (Feb. 27, 2011) ............................................. JA-83 JA ii Dublin Acquisition Group, Inc. OFAC Verification Results for Ramirez (Feb. 27, 2011) ............................................. JA-86 Credit Application for L. Villegas (Feb. 27, 2011) ............................................. JA-87 Letter from TransUnion to S. Ramirez with Requested Credit Report (Feb. 28, 2011) ... JA-88 Letter from TransUnion to S. Ramirez re OFAC Database (Mar. 1, 2011) .............................. JA-92 Letter from S. Ramirez re OFAC List Dispute (Mar. 16, 2011)............................................. JA-95 Letter from TransUnion to S. Ramirez in Response to OFAC List Dispute (Mar. 22, 2011)............................................. JA-96 TransUnion Internal Record of S. Ramirez OFAC Dispute Response Letter (Mar. 22, 2011) ... JA-97 TransUnion Record of Contact with S. Ramirez (2011) ........................................................... JA-98 TransUnion OFAC Hit Analysis (2011) ............ JA-99 TransUnion Additional OFAC Hit Analysis (2011) ......................................................... JA-102 TransUnion Table of OFAC Activity (Disputes and Calls Received) (2011) ........................ JA-108 Experian Credit Report for Ramirez (2011) .... JA-109 Response of Defendant to Plaintiff’s First Set of Interrogatories (Aug. 20, 2012) ................. JA-110 OFAC Specially Designated Nationals and Blocked Persons List (Dec. 12, 2012) ........ JA-125 Excerpts of Robert Lytle Deposition (Dec. 13, 2012) .......................................... JA-152 JA iii Excerpts of Brent Newman Deposition (Dec. 14, 2012) ........................................... JA-182 OFAC Changes to List of Specially Designated Nationals and Blocked Persons List in 2012 (undated) .................................................... JA-205 Affidavit of Piyush Bhatia (Feb. 19, 2013) ...... JA-218 Excerpts from Transcript of Hearing on Motion to Dismiss (Mar. 13, 2013) ........................ JA-221 Order re Joint Discovery Dispute Statement (N.D. Cal. Mar. 13, 2013) .......................... JA-226 Supplemental Response of Defendant to Plaintiff’s First Set of Interrogatories (Jul. 18, 2013) ..................................................... JA-231 Excerpts of Michael O’Connell Deposition (Dec. 13, 2013) .......................................... JA-244 Declaration of Peter Turek in Support of Defendant’s Opposition to Plaintiff’s Motion for Class Certification (May 22, 2014) ...... JA-254 Excerpts from Transcript of Hearing on Motion for Class Certification (May 29, 2014) ...... JA-257 Order Granting in Part and Denying in Part Plaintiff’s Motion to Certify Class (N.D. Cal. July 24, 2014) ............................................ JA-260 Order Granting Motion to Stay Action (N.D. Cal. June 15, 2015) ......................... JA-295 VOLUME II Order Denying Defendant’s Motion to Decertify Class (N.D. Cal. Oct. 17, 2016) ................. JA-299 Screenshot of OFAC Search Tool (Jan. 13, 2017) ........................................... JA-312 JA iv Order Denying Defendant’s Motion for Summary Judgment (N.D. Cal. Mar. 27, 2017)......... JA-313 Excerpts from Trial Transcript (June 12, 2017) ......................................... JA-326 Excerpts from Trial Transcript (June 13, 2017) .......................................... JA-350 Excerpts from Trial Transcript (June 14, 2017) .......................................... JA-436 Memorandum of Points and Authorities in Support of Motion for Judgment as a Matter of Law (N.D. Cal. June 15, 2017) .............. JA-500 Excerpts from Trial Transcript (June 16, 2017) .......................................... JA-514 TransUnion’s Memorandum in Support of Proposed Jury Instructions to be Included in Final Charge to the Parties (N.D. Cal. June 18, 2017) .......................... JA-554 Final Jury Instructions (N.D. Cal. June 19, 2017) ......................... JA-569 Excerpts from Trial Transcript (June 19, 2017) .......................................... JA-582 VOLUME III Memorandum of Points and Authorities in Support of Renewed Motion for Judgment as a Matter of Law (N.D. Cal. July 19, 2017) ............................................ JA-634 Final Verdict Form (N.D. Cal. June 20, 2017) JA-690 Opposition to Renewed Motion for Judgment as a Matter of Law (N.D. Cal. Aug. 8, 2017) ... JA-692 JA v Excerpts Transcript of Hearing on Motion for Retrial and Motion for Judgment as a Matter of Law (Oct. 5, 2017) ..................... JA-763 Brief of Appellee (9th Cir. May 25, 2018) ........ JA-773 The following opinions, decisions, judgments, and orders have been omitted in printing this joint appendix because they appear on the following page in the appendix to the Petition for Certiorari: Appendix A Opinion, United States Court of Appeals for the Ninth Circuit, Ramirez v. Trans Union LLC, No. 17-17244 (Feb. 27, 2020) ....... Pet.App-1 Appendix B Order, United States Court of Appeals for the Ninth Circuit, Ramirez v. Trans Union LLC, No. 17-17244 (Apr. 8, 2020) ................ Pet.App-59 Appendix C Order, United States District Court for the Northern District of California, Ramirez v. Trans Union LLC, No. 12-cv-00632-JSC (Nov. 7, 2017) ....................................... Pet.App-61 Appendix D Relevant Constitutional and Statutory Provisions and Federal Rule ............... Pet.App-91 U.S. Const. art. III, §§1-2 .............. Pet.App-91 U.S. Const. amend. XIV, §1 .......... Pet.App-92 15 U.S.C. §1681e ........................... Pet.App-92 15 U.S.C. §1681g ........................... Pet.App-96 JA vi 15 U.S.C. §1681n ......................... Pet.App-117 Fed. R. Civ. P. 23 ......................... Pet.App-118 JA 299 Order Denying TransUnion’s Motion to Decertify Class (N.D. Cal. Oct. 17, 2016) This lawsuit arises out of Defendant Trans Union, LLC’s identification of Plaintiff Sergio Ramirez as potentially being a person on the United States government’s list of terrorists, drug traffickers, and others with whom Americans are prohibited from doing business. The Court previously certified a class action alleging three causes of action under the Fair Credit Reporting Act, and three under its state counterpart, the California Consumer Credit Reporting Agencies Act. See Ramirez v. Trans Union, LLC, 301 F.R.D. 408 (N.D. Cal. 2014). Following the United States Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), Defendant filed the now pending motion to decertify the class. (Dkt. No. 198.) Upon consideration of the parties’ submissions and oral argument on October 6, 2016, the motion is DENIED. Plaintiff suffered a concrete injury and therefore has standing to pursue all of his claims. Under binding Ninth Circuit precedent his standing is adequate for purposes of the class, and, in any event, in light of the specific circumstances alleged here the absent class members also suffered a concrete injury. BACKGROUND The Court discussed the factual background of this action at length in its class certification order and only briefly summarizes the relevant facts here. (Dkt. No. 140.) The United States Treasury Department’s Office of Foreign Assets Control (“OFAC”) publishes a list of individuals, such as terrorists and narcotics JA 300 traffickers, who people in the United States are generally prohibited from doing business with, including the extension of credit (“the OFAC List”). (Dkt. No. 140 at 2.) Trans Union, a consumer credit reporting agency, offers a product known as “OFAC Advisor,”
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