Opinion

Iowa Public Employees' Retirement System v. Bank of America Corporation

Court
District Court, S.D. New York
Filed
Aug 9, 2021
Cited by
0 cases
Authority
More cited than 27.3%

recognizing that the Court must “balance competing considerations against [the presumption of access],” including but not limited to “the privacy interests of those resisting disclosure”

How later courts described this case

  • recognizing that the Court must “balance competing considerations against [the presumption of access],” including but not limited to “the privacy interests of those resisting disclosure”

Written by the judges who cited it.

The opinion

quinn emanuel trial lawyers | new york ll

COHEN MILSTEIN

“geen MEMO ENDORSED

VIA ECF

The Honorable Katherine Polk Failla

Thurgood Marshall United States Courthouse

40 Foley Square

New York, NY 10007

Re: Jowa Pub. Emps.’ Ret. Sys. et al. v. Bank of Am. Corp. et al., No. 17-cv-6221 (KPF)

Dear Judge Failla:

Plaintiffs respectfully request leave to file their letter motion to compel depositions and

the related exhibit under seal, pursuant to paragraph 9(c)(i1) of this Court’s Individual Rules of

Practice.

On August 5, 2021, Plaintiffs filed a letter motion to compel the depositions of certain

individuals whose declarations were included with Defendants’ class certification opposition

papers. (Dkt. 444) Today, counsel for Defendants contacted counsel for Plaintiffs requesting

that Plaintiffs file their letter motion under seal and redact the names of the declarants in order to

protect the privacy interest of those individuals, a request to which Plaintiffs consent. See

Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006) (recognizing that the

Court must “balance competing considerations against [the presumption of access],” including

but not limited to “the privacy interests of those resisting disclosure”) (quoting United States v.

Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995)).

Pursuant to Section 21.7 of the Court’s Electronic Case Filing Rules & Instructions,

Plaintiffs contacted the ECF HelpDesk to request that the filing be temporarily sealed and made

inaccessible to PACER users. The parties now request that the Court formally seal Plaintiffs’

letter motion to compel.

Respectfully submitted,

/s/ Michael B. Eisenkraft /s/ Daniel L. Brockett

Michael B. Eisenkraft Daniel L. Brockett

COHEN MILSTEIN SELLERS & TOLL QUINN EMANUEL URQUHART &

PLLC SULLIVAN, LLP

Application GRANTED. The portions of Plaintiffs’ submission regarding

their motion to compel specified for redaction may be filed under seal,

viewable only to the parties and the Court.

The Clerk of Court is directed to terminate the motion pending at docket

entry 445.

Date: August 9, 2021 SO ORDERED.

New York, New York

Kathir Palle (flo

HON. KATHERINE POLK FAILLA

UNITED STATES DISTRICT 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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