Opinion

Allianz Global Investors GmbH v. Bank Of America Corporation

Court
District Court, S.D. New York
Filed
Dec 17, 2020
Cited by
0 cases
Authority
More cited than 27.2%

courts must “balance competing considerations,” including “privacy interests,” against the presumption of public access to judicial documents

How later courts described this case

  • courts must “balance competing considerations,” including “privacy interests,” against the presumption of public access to judicial documents

Written by the judges who cited it.

The opinion

eek Werk? □□

DOCUMENT

ELECTRONICALLY FILED

UNITED STATES DISTRICT COURT DOC #:

SOUTHERN DISTRICT OF NEW YORK

DATE FILED: 12/17/2020

Allianz Global Investors GmbH et al.,

1:18-cv-10364 (LGS) (SDA)

Plaintiffs,

ORDER

-against-

Bank of America Corporation et al.,

Defendants.

STEWART D. AARON, UNITED STATES MAGISTRATE JUDGE:

Following a Telephone Conference with the parties today, and for the reasons stated on

the record, it is hereby ORDERED as follows:

1. With respect to Plaintiff Norges Bank’s Letter Motion for Discovery (ECF Nos. 687,

689) and the parties’ dispute regarding whether Norges Bank must search the

documents of a certain former employee (see also ECF Nos. 661, 663), the Court finds

that the former employee at issue is a person with knowledge of information relevant

to the subject matter of this action and thus is a proper custodian. The Court expresses

no view regarding whether any of that former employee’s knowledge may be imputed

to any other person or entity.

2. With respect to the Barclays Defendants’ Letter Motion for Extension of Time (ECF

Nos. 702, 703), this Letter Motion is GRANTED. The Barclays Defendants’ deadline to

determine whether “Early Period” audio files exist for certain custodians is extended

until January 15, 2021, with the possibility of seeking a further extension from the

Court for good cause shown, so long as, on or before December 31, 2020, the Barclays

Defendants have provided Plaintiffs with the results of the Records Searches of the

New York servers for the two custodians at issue who worked out of New York during

the Early Period.

3. With respect to the parties’ outstanding Letter Motions to Seal (ECF Nos. 688, 696,

699, 701), these Letter Motions are GRANTED in consideration of the privacy interests

at issue. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006)

(courts must “balance competing considerations,” including “privacy interests,”

against the presumption of public access to judicial documents).

4. With respect to the parties’ joint letter to the Court dated December 17, 2020,

regarding the timeline for Defendants’ production of Bloomberg persistent chatroom

transcripts (ECF No. 707), the schedule proposed in that joint letter is approved.

5. No later than December 31, 2020, each Defendant shall provide to Plaintiffs a progress

report with respect to that Defendant’s progress toward its generation of hit count

reports. Each such report shall include that Defendant’s best “guesstimate” of when

it will provide such hit count reports to Plaintiffs.

6. No later than January 21, 2021, at 6:00 p.m. EST, the parties shall file a joint letter

regarding the status of discovery and any existing disputes.

7. The parties are directed to appear for a Telephone Conference in this action on

January 28, 2021, at 2:30 p.m. EST. At the scheduled time, the parties shall each

separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745.

SO ORDERED.

Dated: New York, New York

December 17, 2020

STEWART D. AARON

United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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