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Tuesday, January 19, 2016 9:04:07 AM
Because some of those due bills were paid to E-Trade (and, upon information and belief, credited to E-Trade’s customers), E-Trade is in possession of information highly relevant and material to COR Clearing’s lawsuit. COR Clearing lawfully issued and served a subpoena on E-Trade in order to discover this highly relevant information, and COR Clearing files this Motion because E-Trade has failed to respond to, or even acknowledge, the subpoena.
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Certainly SOME of those due bills were paid to E-Trade, and SOME were paid to the customers of the other 66 entities who cleared CRGP stock. Volume shouldn't matter relative to being 'in possession of information highly relevant and material' to the lawsuit. If COR wants info, perhaps any of the other clearing firms would more easily provide it.
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