Case 2:15-cv-08980-JLL-JAD Document 17-1 Filed 02/19/16 Page 1 of 4 PageID: 179

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY
COR CLEARING, LLC, a Delaware limited
liability company,

Applicant,
vs.
E-TRADE CLEARING LLC.

Respondent.

) Case No. 2:15-cv-8980-JLL-JAD

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) APPLICANTS BRIEF IN SUPPORT
) OF MOTION TO SEAL MATERIALS
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COMES NOW Applicant COR Clearing, LLC (COR Clearing) and respectfully
submits this brief in support of its Motion to Seal Materials Pursuant to Local Civil Rule 5.3.
I.

BACKGROUND

On December 31, 2015, Applicant filed a motion to compel E-Trade Clearing LLC
(E-Trade) to comply with a subpoena that was issued in connection with COR Clearing, LLC
v. Calissio Resources Group, Inc., et.al., Case No. 15-317, pending in the United States District
Court for the District of Nebraska (the underlying litigation). In its opposition to that motion,
E-Trade suggests that subpoena is overbroad and inaccurately portrays itself as a disinterested
third-party to the underlying litigation, acting in good faith.

In responding to E-Trades

arguments, COR Clearing wishes to submit as an exhibit certain documents that have been
designated as confidential pursuant to a under a protective order that was entered by the United
States District Court for the District of Nebraska in the underlying litigation. It also wishes to
cite information derived documents designated as confidential and highly confidential in the
underlying litigation. More specifically, the information COR Clearing now seeks to seal was
produced by (or derived from documents produced by) the Depository Trust Clearing

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Corporation (DTCC) pursuant to a subpoena COR Clearing issued to the DTCC in connection
with the underlying litigation. The DTCC designated the pertinent documents and information
as confidential or highly confidential, pursuant to a Protective Order entered by the United
States District Court for the District of Nebraska in the underlying litigation. A copy of that
protective order is attached hereto as Exhibit A.
In order to comply with its obligations under the protective order issued in the underlying
litigation, COR Clearing respectfully requests that the Court enter an order sealing (1) an
unredacted version of COR Clearings reply brief (a version redacting only the confidential
information is already on file and accessible to the public); (2) Exhibit 3 to the reply brief (which
consists of documents that the DTCC has designated as confidential); and (3) Exhibit 4 to the
reply brief (which while not confidential itself, would reveal information derived from
confidential communications).
II.

ARGUMENT AND AUTHORITIES

Court expressly recognized that they may deny access to judicial records . . . where they
are sources of business information that might harm a litigants competitive standing. In re
Gabapentin Patent Litig., 312 F. Supp. 2d 653, 664 (D.N.J. 2004) (quotations and citations
omitted).
In the underlying litigation, a Protective Order has already been entered by the United
States District Court for the District of Nebraska, which explicitly allows third-parties, such as
DTCC, to designate materials as Confidential or Highly Confidential. The Protective Order
limits the disclosure of materials designated as Confidential and Highly Confidential.
Additionally, should any party desire to file material designated as Confidential or Highly

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Confidential with the United States District Court for the District of Nebraska, the Protective
Order explicitly grants that party leave to file such document under seal.
Here, the materials at issue are communications and documents that were produced by
the DTCC in connecting with the underlying litigation and designated by it as Confidential or
Highly Confidential pursuant to the Protective Order entered by the United States District
Court for the District of Nebraska. While COR Clearing cannot speak to the DTCCs interest in
the documents themselves, one must presume that the DTCC had a legitimate interest that
permitted it to designate the documents as Confidential or Highly Confidential in good faith
pursuant to the Protective Order. Certainly, the DTCC expected that having so designated the
documents, the documents, if filed, would be filed under seal. COR Clearing, of course, is
bound by the Protective Order and accordingly requests that this Court allow it to file the
documents under seal. Further, as COR Clearing seeks to seal only those limited portions of its
brief and exhibits that would reveal materials designated by the DTCC as Confidential or
Highly Confidentialleaving the vast majority of its brief and supporting documents
accessible to the publicit has selected the least restrictive alternative available to balance the
interests of the DTCC, and COR Clearings own interest in complying with the Protective Order
in the underlying litigation, with the interests of the public.
III.

CONCLUSION

For the foregoing reasons, COR Clearing respectfully requests that the Court grant its
Motion to Seal Materials pursuant to Local Civil Rule 5.3.

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Dated: February 19, 2016

Respectfully submitted,
By: s/ Robert P. Gammel
Robert P. Gammel
Law Offices of Jan Meyer & Associates, P.C.
1029 Teaneck Road, 2nd Flr.
Teaneck, New Jersey 07666
rgammel@janmeyerlaw.com
Telephone: (201) 862-9500
Facsimile: (201) 862-9400
LOCAL COUNSEL TO APPLICANT
COR CLEARING, LLC
By: s/ _Michael T. Hilgers_________
Michael T. Hilgers
Andrew R. Graben
HILGERS GRABEN PLLC
14301 FNB Parkway, Suite 100
Omaha, NE 68154
Telephone: (402) 218-2106
Facsimile: (877) 437-5755
mhilgers@goberhilgers.com
agraben@goberhilgers.com
ATTORNEYS FOR PLAINTIFF COR
CLEARING, LLC