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

Filing 744

ORDER temporarily granting 723 Letter Motion to Seal. The motion to seal is GRANTED temporarily. The Court will assess whether to keep the materials at issue sealed or redacted when deciding the underlying motion. The Clerk of Court is directed to terminate ECF No. 723. SO ORDERED.. (Signed by Judge Jesse M. Furman on 9/20/2021) (kv)

Case 1:14-cv-02811-JMF Document 744 Filed 09/20/21 Page 1 of 2

September 17, 2021
VIA ECF

The motion to seal is GRANTED temporarily. The Court
will assess whether to keep the materials at issue sealed or
redacted when deciding the underlying motion. The Clerk
of Court is directed to terminate ECF No. 723.
SO ORDERED.

Hon. Jesse Furman
United States District Court
Southern District of New York
40 Centre Street, Room 2202
New York, NY 10007
September 20, 2021
Re:

City of Providence, et al. v. BATS Global Markets, Inc., et al., No. 14-cv-02811

Dear Judge Furman:
We write pursuant to Section 6 of the Court’s Electronic Case Filing Rules & Instructions
and Your Honor’s Individual Rules of Practice to respectfully seek leave to file under seal
certain materials (the “Protected Materials”) in connection with the Reply Memorandum of Law
in support of Motion for Summary Judgment on Grounds of Lack of Article III Standing (the
“Reply”) filed by Defendants New York Stock Exchange, LLC, NYSE Arca, Inc., Chicago Stock
Exchange, Inc. (N/K/A NYSE Chicago, Inc.), BATS Global Markets, Inc. (N/K/A Cboe Bats,
LLC), and Direct Edge ECN, LLC (collectively, “Defendants”) and to redact from their public
filings the Protected Materials and references thereto. Defendants’ papers will be filed later
today, September 17, 2021.
The Protected Materials are the Reply, exhibits attached to the Declaration of Douglas W.
Henkin in support of the Reply, and the accompanying Response to Plaintiffs’ Statement of
Additional Material Facts Pursuant to Local Rule 56.1. These Protected Materials consist of
documents, deposition transcripts and expert reports designated by Plaintiffs or Defendants as
“Confidential” or “Highly Confidential” under the Protective Order (ECF No. 402).
Accordingly, Defendants respectfully request leave to file the Protected Materials under
seal and to redact the corresponding references the Reply.
Respectfully submitted,

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Case 1:14-cv-02811-JMF Document 744 Filed 09/20/21 Page 2 of 2

By: /s/ Douglas W. Henkin
Douglas W. Henkin
Justine N. Margolis
Kiran Patel
DENTONS US LLP
1221 Avenue of the Americas
New York, NY 10020
Telephone: [phone]
Facsimile: [phone]
Stephen J. Senderowitz
DENTONS US LLP
233 South Wacker Drive, Suite 5900
Chicago, IL 60606
[phone]
[e-mail]
Counsel for New York Stock Exchange LLC,
NYSE Arca Inc.,
and Chicago Stock Exchange, Inc.

CC: All counsel of record via ECF

US_Active\119218376\V-1

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