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`October 15, 2020
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`Arnold B. Calmann
`(973) 645-4828
`abc@saiber.com
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`BY ELECTRONIC FILING
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`The Honorable Brian R. Martinotti, U.S.D.J.
`United States District Court
`Clarkson S. Fisher Federal Building
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`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-BRM-DEA
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`Dear Judge Martinotti:
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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.
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`We received today Your Honor’s “So Ordered” entry granting Plaintiff OANDA
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`Corporation’s (“OANDA”) motion for leave to file a sur-reply (ECF No. 41) relating to GAIN’s
`Motion to Stay Pending Covered Business Method Reviews (ECF No. 34) presently pending
`before Your Honor. We understand that Your Honor’s authorization that OANDA may now file
`its proposed sur-reply is without any consideration or ruling regarding the meritorious nature of
`OANDA’s arguments or those it proposes to include in its sur-reply.
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`As the Court is aware, GAIN has not had an opportunity to respond to OANDA’s
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`application, or to respond to the factual errors and misstatements contained in OANDA’s
`application and proposed sur-reply. We will await OANDA’s filing of its sur-reply in
`conformance with Your Honor’s authorization to consider its impact on the record before the
`Court.
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` We thank the Court for its consideration and continued assistance in this matter.
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`Case 3:20-cv-05784-BRM-DEA Document 42 Filed 10/15/20 Page 2 of 2 PageID: 1245
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`The Honorable Brian R. Martinotti, U.S.D.J.
`October 15, 2020
`Page 2
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`Arnold B. Calmann
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`Counsel of record (by CM/ECF)
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`cc:
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