City of Providence, Rhode Island v. Bats Global Markets, Inc. et al

Filing 517

MEMO ENDORSED ORDER withdrawing 514 Letter Motion to Compel; granting 516 Motion to Withdraw. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate ECF Nos. 514, 516. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/12/21) (yv)

February 12, 2021

Application GRANTED. The Clerk of Court is directed to
terminate ECF Nos. 514, 516.

VIA ECF

SO ORDERED.

Hon. Jesse M. Furman
United States District Court
Southern District of New York
40 Centre Street, Room 2202
New York, NY 10007
Re:

February 12, 2021

City of Providence, et al. v. BATS Global Markets, Inc., et al., No. 14-cv-2811:
Withdrawal of Defendants’ Motion to Compel Deposition Testimony

Dear Judge Furman:
We reference our letter to the court dated February 8, 2021 [ECF 514] seeking to compel the
plaintiffs to provide dates before March 12 for the court-ordered [ECF 508] depositions of their
lawyers.
As noted in our letter to the court dated February 9, 2021 [ECF 15], we received confirmation from
Robbins Geller Rudman & Dowd LLP, which represents plaintiffs Plumbers and Pipefitters
National Pension Fund and the City of Providence, that they would produce a witness for
deposition on March 4.
Through further email correspondence with Plaintiffs’ counsel (See Exhibit A, email chain
between Corban Rhodes and Steven Shepard), we have been advised that the witness identified by
Robbins Gellar Rudman & Dowd on February 9 will also testify on behalf of Labaton Sucharow,
LLP, which represents plaintiff State-Boston Retirement System, and Motley Rice, LLC, which
represents plaintiff Employees' Retirement System of the Government of the Virgin Islands.
Plaintiffs’ counsel have also advised that they will produce one or more witnesses on March 5,
2021 to testify on behalf of all three firms.
Because Plaintiffs have represented that they will produce witnesses for deposition in accordance
with the Court’s order, we respectfully withdraw our motion to compel deposition testimony.
Respectfully submitted,

By: /s/ Stephen J. Senderowitz
Stephen J. Senderowitz
DENTONS US LLP
233 South Wacker Drive, Suite 5900
Chicago, IL 60606
[phone]
[e-mail]

By: /s/ Robert F. Serio
Robert F. Serio
Justine Goeke
GIBSON, DUNN & CRUTCHER LLP
200 Park Avenue
New York, NY 10166
Telephone: [phone]
Facsimile: [phone]
Douglas R. Cox

Douglas W. Henkin
Justine N. Margolis
Kiran Patel
DENTONS US LLP
1221 Avenue of the Americas
New York, NY 10020
Telephone: [phone]
Facsimile: [phone]

Steven M. Shepard
SUSMAN GODFREY LLP
1301 Avenue of the Americas
New York, NY 10019
Telephone: [phone]
Facsimile: [phone]

Counsel for New York Stock Exchange LLC,
NYSE Arca Inc.,
and Chicago Stock Exchange, Inc.

Counsel for The Nasdaq Stock Market LLC
and Nasdaq BX, Inc.

By: /s/ Paul E. Greenwalt III
Paul E. Greenwalt III
Michael Molzberger
SCHIFF HARDIN LLP
233 South Wacker Drive, Suite 6600
Chicago, IL 60606
Telephone: [phone]
Facsimile: [phone]
Counsel for BATS Global Markets, Inc.
(n/k/a Cboe Bats, LLC) and Direct Edge
ECN, LLC

cc: All counsel of record via ECF

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