Opinion

Allianz Global Investors GmbH v. Bank Of America Corporation

Court
District Court, S.D. New York
Filed
Dec 24, 2020
Cited by
0 cases
Authority
More cited than 27.2%

The opinion

Hogan Lovells US LLP

390 Madison Avenue

New York, NY 10017

T +1212 918 3000

F +1 212918 3100

www.hoganlovells.com

USDC SDNY

DOCUMENT

December 23, 2020

ELECTRONICALLY FILED

DOC #:

Via email: Aaron NYSDChambers@nysd.uscourts.gov DATE FILED: □□ 12/24/2020

The Hon. Stewart D. Aaron

United States District Court for the Southern District of New York

500 Pearl St.

New York, NY 10007

Re: = Allianz, et al. v. Bank of America Corp. et al., 18-cv-10364-LGS

Dear Judge Aaron:

We are counsel for defendant Standard Chartered Bank and write concerning a joint submission

Hogan Lovells filed on behalf of the parties discussed therein via ECF early this morning in the

above-referenced action (ECF No. 710, copy submitted herewith). The submission was

mistakenly filed on ECF containing sensitive confidential information, and we respectfully

request that the submission be formally sealed by the Court. In connection with this request, we

contacted the ECF Help Desk this morning to ask that the submission be placed under temporary

seal, and we plan to file a redacted version of the submission (also submitted herewith) via ECF

later today.

The names and identifying information that we submit should have been submitted only under

seal were produced to Plaintiffs in this case pursuant to the Stipulation and Amended Order of

Confidentiality, ECF No. 388 (the “Protective Order”). Furthermore, the proposed redactions are

similar to the redactions that this Court has approved previously. They should be approved here

for substantially the same reasons and for the reasons set forth below.

The Second Circuit has recognized that the right of public access to judicial documents is not

absolute and “the court must balance competing considerations against it.” Lugosch v. Pyramid

Company of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006). Documents may be sealed where

“closure is essential to preserve higher values and is narrowly tailored to serve that interest.” □□□

Several factors, including “privacy interests” and “business secrecy”, can “outweigh the

presumption of public access” and justify sealing. Hanks v. Voya Retirement Ins. & Annuity Co.,

2020 WL 5813448, at *1 (S.D.N.Y. Sept. 30, 2020). Redactions of employees’ names have also

Hogan Lovells US LLP is a limited liability partnership registered in the District of Columbia. “Hogan Lovells” is an international legal practice that includes Hogan Lovells US LLP

and Hogan Lovells International LLP, with offices in: Alicante Amsterdam Baltimore Beijing Birmingham Boston Brussels Colorado Springs Denver Dubai Dusseldorf

Frankfurt Hamburg Hanoi Ho Chi Minh City Hong Kong Houston Johannesburg London Los Angeles Luxembourg Madrid Mexico City Miami Milan Minneapolis Monterrey

Moscow Munich New York Northern Virginia Paris Perth Philadelphia Rome San Francisco Sao Paulo Shanghai Silicon Valley Singapore Sydney Tokyo Warsaw

Washington, D.C. Associated Offices: Budapest Jakarta Riyadh Shanghai Ulaanbaatar Zagreb. Business Service Centers: Johannesburg Louisville. Legal Services

Center: Berlin. For more information see www.hoganlovells.com

-2- December 23, 2020

been approved. See Kleftogiannis v. Inline Plastics Corp., 411 F. Supp. 3d 216, 233 (D. Conn.

2019); Fed. R. Civ. P. 26(c)(1) (‘The court may, for good cause, issue an order to protect a party

or person from annoyance, embarrassment, oppression or undue burden.”).

The names and identifying information that we submit should have been redacted were

designated as Highly Confidential under the Protective Order. Therefore, we request that they be

protected from public disclosure and that ECF No. 710 be formally placed under seal.!

Respectfully submitted,

/s/ Lisa J. Fried

Lisa J. Fried

Partner

lisa.fried@hoganlovells.com

D 212-909-0658

ce: All parties, via email

ENDORSEMENT: The Court received by email yesterday the enclosed letter seeking to maintain the J

Letter filed at ECF No. 710 under seal. The Court finds that an adequate showing has been made, such

ECF No. 710 shall remain under seal. The Court notes for the record that a redacted version of ECF No.

has been publicly filed at ECF No. 711. SO ORDERED.

Dated: 12/24/2020

Defendants reserve the right to seek to file underseal the name of any current or former

employee in any future public filings, where there is a basis for doing so. Defendants’ position

with respect to the redaction of employee names and information in the context of ECF No. 710

should not be taken as a waiver of the right to seek any appropriate redactions in the future.

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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