throbber
Case 3:20-cv-05784-ZNQ-DEA Document 151 Filed 12/23/22 Page 1 of 1 PageID: 4891
`
`Cynthia S. Betz
`Associate
`T. 973-848-5377
`F. 973-297-6636
`cbetz@mccarter.com
`
`McCarter & English, LLP
`Four Gateway Center
`100 Mulberry Street
`Newark, NJ 07102-4056
`www.mccarter.com
`
`December 22, 2022
`
`VIA ECF
`
`Hon. Douglas E. Arpert, U.S.M.J.
`U.S. District Court for the District of New Jersey
`Clarkson S. Fisher Building & U.S. Courthouse
`402 East State Street
`Trenton, NJ 08608
`
`Re: OANDA Corporation v. GAIN Capital Holdings, Inc., et al.
`Civil Action No. 20-05784-ZNQ-DEA
`
`Dear Judge Arpert:
`
`We, along with our co-counsel from Koning Zollar LLP, represent Plaintiff OANDA
`Corporation (“OANDA”) in this matter, and write in connection with GAIN’s December 7, 2022
`letter “motion” to preclude OANDA from amending its infringement contentions (Dkt. 145).
`Your Honor requested a response from OANDA, which it submitted on December 14, 2022
`(Dkt. 146). Yesterday, GAIN filed an unsolicited reply (Dkt. 149).
`
`OANDA is reluctant to provide the Court with yet more unsolicited briefing on these issues
`although we anticipate Your Honor will be unsurprised to hear that there are a number of
`assertions in GAIN’s reply that OANDA believes necessitate a response, particularly given
`GAIN’s acknowledgment that the relief it is seeking may be case-dispositive (Dkt. 149 at 3).
`
`To the extent the Court will consider granting the preemptive relief GAIN requested in its
`December 7 letter, OANDA respectfully requests leave to either submit a short response to
`GAIN’s December 21 reply submission or the opportunity to respond to these issues during a
`teleconference with the Court.
`We appreciate Your Honor’s attention to this matter.
`
`Respectfully submitted,
`
`/s/ Cynthia S. Betz
`
`IT IS on this 23rd day of December 2022,
`
`ORDERED that Plaintiff is permitted to file a Sur-Reply no later than December
`29, 2022; and it is further
`
`Cynthia S. Betz
`
`ORDERED that no more submissions regarding this dispute will be permitted.
`
`_______________________________
`DOUGLAS E. ARPERT
`UNITED STATES MAGISTRATE JUDGE
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket