UNITED STATES OF AMERICA v. H&R BLOCK, INC. et al

Filing 52

MOTION for Leave to File Plaintiff's Reply Memorandum in Further Support of its Motion for a Preliminary Injunction by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(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 ITS REPLY MEMORANDUM
OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF ITS MOTION FOR A
PRELIMINARY INJUNCTION AND EXHIBITS 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 Reply Memorandum of Points and Authorities in
Further Support of Its Motion for a Preliminary Injunction and exhibits attached thereto.
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 Reply Memorandum of Points and Authorities in Further
Support of Its Motion for a Preliminary Injunction and in its exhibits in support as “Confidential
Information” or “Highly Confidential Information.” Therefore, Plaintiff seeks leave to file the
Reply Memorandum and attached exhibits under seal. Pursuant to the terms of the Protective
Order, the United States, within four days, will file a public version of its Reply Memorandum of
Points and Authorities in Further Support of Its Motion for a Preliminary Injunction.
Attached is a proposed order granting Plaintiff’s motion to file its Reply Memorandum
and attached exhibits under seal.

Dated: August 18, 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
[phone]

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