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`September 10, 2021
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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 Magistrate Judge Arpert:
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`We along with our co-counsel Wilson Sonsini Goodrich & Rosati P.C., represent defendant
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`GAIN Capital Holdings, Inc. and GAIN Capital Group, LLC (“GAIN”) in the above matter. We
`write in response to the letter submitted to the Court yesterday by Plaintiff OANDA Corporation
`(“OANDA”) (ECF No. 91).
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`GAIN was surprised to receive Plaintiff’s letter that sought to raise alleged discovery issues
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`that are premature and not yet ripe for the Court’s consideration. Indeed, the parties have met and
`conferred on Plaintiff’s document requests, and Defendants agreed to produce certain documents
`responsive to those requests. While Plaintiff has demanded that Defendants produce documents by
`September 10, that date has not yet passed, making OANDA’s letter to the Court premature.
`OANDA is further aware that Defendants will serve its invalidity and non-infringement contentions
`on September 17, along with a production of documents relating thereto, as stated in the Court’s
`amended scheduling order, as well as a further production of documents. (ECF 90).
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` To the extent that OANDA is complaining about GAIN’s alleged lack of responsiveness to
`its latest emails, Plaintiff could have raised their concerns during the call between counsel on
`September 2nd. OANDA also could have used the telephone to call GAIN’s counsel on any of the
`days that followed to determine whether the issues were ripe for the Court. Having failed to do so,
`Plaintiff has now run to the Court prematurely. As planned, GAIN will produce documents on
`September 17 and will continue to meet and confer with Plaintiff to attempt to resolve specific
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`Case 3:20-cv-05784-ZNQ-DEA Document 92 Filed 09/10/21 Page 2 of 2 PageID: 3186
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`Honorable Douglas E. Arpert, U.S.M.J.
`September 10, 2021
`Page 2
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`outstanding disputes.1
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`GAIN respectfully asks that the Court reject Plaintiff’s application as premature and not
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`ripe. We expect to move forward, continuing to fulfill our obligations to meet and confer regarding
`any differences between the parties regarding discovery with the expectation that OANDA will do
`the same without the need for premature Court applications.
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` We thank the Court for its consideration and look forward to hearing from Your Honor at the
`Court’s earliest convenience.
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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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`1 In light of the premature nature of OANDA’s rush for relief, we have not provided a detailed
`response to each of the allegations in OANDA’s letter to Your Honor, but would be happy to do so
`if the Court believes it would be helpful.
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