`
`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
`
`January 26, 2023
`
`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.
`No. 3:20-cv-05784-ZNQ-DEA
`
`Dear Judge Arpert:
`
`We, along with our co-counsel from Koning Zollar LLP, represent Plaintiff OANDA
`Corporation in this matter. Plaintiff and Defendant GAIN Capital Holdings, Inc. have met and
`conferred about a proposed Case Management Order, in accordance with this Court’s Text Order
`of January 9, 2023 (D.E. 159) and have agreed to the following case schedule. The dates below
`are keyed off the later of: (a) issuance of a final Markman order; or (b) issuance of an order
`deciding GAIN’s pending Rule 12(c) motion.
`
`Event
`Parties to meet and confer re case schedule in
`light of issued orders
`Settlement Conference
`Status Conference with Judge Arpert
`
`Disclosure of advice of counsel (LPR 3.8)
`Substantial
`completion
`of
`document
`production and certification of substantial
`completion (LPR 2.1(a)(6))
`Close of Fact Discovery
`Expert Report: Opening (by burden of proof)
`Expert Report: Rebuttal
`Expert Report: Reply
`Expert Report: Plaintiff’s Reply on 2d
`Considerations
`
`Deadline
`Within 7 days after Markman Order
`
`Within 30 days after Markman Order
`Approximately 30 days after Markman Order,
`at the convenience of the Court
`45 days after Markman Order
`150 days after Markman Order
`
`240 days after Markman Order
`60 days after close of fact discovery
`60 days after opening reports
`45 days after rebuttal
`45 days after Reply
`
`Order
`
`______
`
`
`
`Case 3:20-cv-05784-ZNQ-DEA Document 166 Filed 02/01/23 Page 2 of 2 PageID: 5015
`
`Hon. Douglas E. Arpert, U.S.M.J.
`Page 2
`
`Event
`expert
`discovery,
`
`Deadline
`45 days after last reply report
`
`including
`
`of
`Close
`depositions
`
`Settlement conference
`Status conference
`Deadline to file dispositive motions
`
`in
`
`limine and
`
`to file motions
`Deadline
`subsequent briefing schedule
`Deadline to file pre-trial order
`Final Pretrial conference
`Trial
`
`30 days after close of expert discovery
`TBD (after settlement conference)
`45 days after close of expert discovery;
`subsequent briefing schedule TBD
`TBD
`
`TBD
`TBD
`TBD
`
`If this schedule is acceptable to Your Honor, we ask that this letter be endorsed “So
`Ordered” and placed on the docket. We appreciate the Court’s attention to this matter.
`
`Respectfully submitted,
`
`/s/ Cynthia S. Betz
`
`Cynthia S. Betz
`
`cc: All Counsel of Record (via ECF)
`
`SO ORDERED this 1st day of February 2023:
`
`_______________________________________
`Hon. Douglas E. Arpert, U.S.M.J.
`
`
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