UNITED STATES OF AMERICA v. H&R BLOCK, INC. et al
Filing
37
MOTION for Leave to File Under Seal by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order under seal)(Buterman, Lawrence)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
Civil Action No. 11-00948 (BAH)
Judge Beryl A. Howell
H&R BLOCK, INC.;
2SS HOLDINGS, INC.; and
TA IX L.P.,
Defendants.
PLAINTIFF’S MOTION FOR PERMISSION TO FILE CONFIDENTIAL
INFORMATION UNDER SEAL
Pursuant to the Stipulated Protective Order entered by this Court on June 15, 2011 [Dkt.
No. 23], Plaintiff moves this Court under Local Rule 5.1(j)(1) and Fed. R. Civ. P. 5.2(d) for an
order permitting Plaintiff to file under seal its Memorandum of Points and Authorities in Support
of its Motion for a Preliminary Injunction and its Exhibits in Support of Plaintiff’s Motion for a
Preliminary Injunction, which it is also filing today.
Most of the information and documents in question were provided to Plaintiff during its
investigation of the proposed acquisition of 2SS Holdings, Inc. by H&R Block, Inc. This
information was provided to Plaintiff in confidence and was protected generally from public
disclosure during the Department’s investigation. See, e.g., 15 U.S.C. § 1313(c)-(d). All other
information and documents at issue were produced in discovery in this action, pursuant to the
terms of the Protective Order.
Under the terms of the Protective Order, when either party files documents designated as
“Confidential Information” or “Highly Confidential Information” it must seek leave of the Court
to file the documents under seal. The Protective Order defines “Confidential Information” to
include documents, designated as such, containing trade secrets or other confidential commercial
information or research. “Highly Confidential Information” is Confidential Information that is
so “competitively sensitive that it is entitled to extraordinary protections.” The Defendants and
third-parties that produced discovery in this case have designated information contained in
Plaintiff’s Memorandum of Points and Authorities in Support of its Motion for a Preliminary
Injunction and in its Exhibits in Support of Plaintiff’s Motion for a Preliminary Injunction as
“Confidential Information” or “Highly Confidential Information.” Therefore, Plaintiff seeks
leave to file the Memorandum and Exhibits under seal. Pursuant to the terms of the Protective
Order, the United States, within four days, will file a public version of its Memorandum in
Support and Exhibits to its Motion for a Preliminary Injunction.
Attached is a proposed order granting Plaintiff’s motion to file its Memorandum in
support and Exhibits to its motion for a Preliminary Injunction under seal.
Dated: August 1, 2011
FOR PLAINTIFF UNITED STATES
OF AMERICA
/s/ Lawrence Buterman______
Lawrence E. Buterman
Networks and Technology Section
Antitrust Division, U.S. Department of Justice
450 Fifth Street, N.W., Suite 7100
Washington, D.C. 20530
(202) 532-4575
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