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

Filing 59

MOTION for Leave to File Plaintiff's Proposed Exhibits Under Seal by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Scicchitano, Anthony)

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
PLAINTIFF’S PROPOSED 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 Plaintiff’s Proposed Exhibits.
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 Proposed Exhibits as “Confidential Information” or “Highly Confidential
Information.” Therefore, Plaintiff seeks leave to file its proposed exhibits under seal.
Attached is a proposed order granting Plaintiff’s Motion for Permission to File Plaintiff’s
Proposed Exhibits Under Seal.

Dated: August 19, 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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