I will bet that they hired tech and stock experts to create this custom software program. And Applebaum seemingly feels certain these same "analysts" can ably access and acquire the trade data, the time and proce , and it would seem almost obvious that they locked in on Virtu and GTS. We will soon find out what the Judge decides. If the Judge requires an Amended Complaint to provide those additional facts, then he will do it.
As it stands, Applebaum seems to believe that it easily translates to that eventual reality.
So, he opposes the Motion to Dismiss, as if he believes the Judge will deny the Motion to dismiss..
I'm believing in Applebaum, not the defense football team.