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`January 3, 2023
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`Arnold B. Calmann
`(973) 645-4828
`abc@saiber.com
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`BY CM/ECF
`The Honorable Douglas E. Arpert, U.S.M.J.
`United States District Court
`Clarkson S. Fisher Federal Building
` & U.S. Courthouse
`402 East State Street
`Trenton, New Jersey 08608
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`Re: Oanda Corporation v. Gain Capital Holdings, Inc., et al.
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`Civil Action No. 20-05784-ZNQ-DEA
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`Dear Judge Arpert:
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`We, along with our co-counsel Wilson Sonsini Goodrich & Rosati P.C., represent
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`Defendants GAIN Capital Holdings, Inc. and GAIN Capital Group, LLC (collectively, “GAIN”) in
`the above matter. We write regarding Plaintiff OANDA Corporation’s December 29, 2022 letter
`(D.I. 152).
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`We are of course cognizant of the Court’s direction in its December 22, 0222 Order (D.I.
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`151) that no further submissions be made, but we respectfully are compelled to seek the Court’s
`indulgence in accepting the following identifications of factual errors in OANDA’s letter. We
`respectfully submit that the Court would want factual errors to be resolved to ensure that the factual
`record is accurate for the Court’s consideration. Accordingly, we note the following with respect to
`OANDA’s representations on page 6 of its December 29, 2022 letter regarding the testimony of Mr.
`David Leach:
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` OANDA did not inform the Court that Mr. Leach provided an errata to his deposition dated
`November 18, 2022 (and did not provide the transcript with errata)1.
` Mr. Leach’s errata states, “I did receive one, yes,” in his response to a question asking if he
`had received a litigation hold notice to preserve documents. Mr. Leach’s stated reason for
`the change was that “I didn’t recall at the deposition, but now I do recall.”
` Mr. Leach’s errata states that he had not “deleted,” but “would have updated or revised” the
`architecture diagrams he referenced during his deposition. Mr. Leach’s stated reason for the
`change was that “[m]y wording of ‘delete’ was inaccurate.”
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`We thank the Court for its continued understanding and assistance in this matter.
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`1 So as not to inundate the Court with paper, GAIN has not attached the transcript with errata here
`but would provide it at the Court’s request.
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`Saiber LLC • One Gateway Center, 9th Floor, Suite 950 • Newark, New Jersey • 07102-5308 • Tel 973.622.3333 • Fax 973.622.3349 • www.saiber.com
`Florham Park • Newark • New York • Philadelphia
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`Case 3:20-cv-05784-ZNQ-DEA Document 155 Filed 01/03/23 Page 2 of 2 PageID: 4912
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`Honorable Douglas E. Arpert, U.S.M.J.
`January 3, 2023
`Page 2
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`ABC/kae
`cc:
`Counsel of record (by CM/ECF)
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`Arnold B. Calmann
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