Opinion

Contant v. Bank Of America Corporation

Court
District Court, S.D. New York
Filed
Oct 8, 2021
Cited by
0 cases
Authority
More cited than 27.4%

The opinion

FLOGUET INEWMAN 60 East 42nd Street, 48th Floor Fax 212.689.5101

AL & KENNEY up New York, New York 10165 www.horklaw.com

deavaleri@hnrklaw.com

October 7, 2021

Claimant AMA Capital Management LLC shall file a supplemental lett

by October 15, 2021, providing the basis for sealing its information i

its filing and in Plaintiffs’ filing in accordance with the three-part test

VIA ECF in Lugosch. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110,

119-20 (2d Cir. 2006). So Ordered.

Honorable Lorna G. Schofield

United States District Court Judge Dated: October 8, 2021 .

Southern District of New York New York, New York

Thurgood Marshall U.S. Courthouse LORNA G. SCHOFIEL

40 Foley Square UNITED STATES DISTRICT JUDGE

New York, NY 10007

Re: Contant, et al. v. Bank of America Corp., et al., No. 17-cv-3139

Dear Judge Schofield,

This firm was recently retained as local counsel to claimant AMA Capital Management,

LLC (“AMA”) in the above-captioned matter. In accordance with the Court’s September 16, 2021

Order (ECF 488), AMA is today filing its response (the “Letter Motion”) to Class Counsel’s

request for review of AMA’s claim submitted to the Court on September 23, 2021 (ECF 490).

Pursuant to Your Honor’s Rule I.D.3, we write to request that the Court permit AMA to

(a) file redacted versions of its Letter Motion and (b) file certain exhibits in connection with that

Letter Motion under seal, specifically Exhibits 1, 2, 3, 4, 7, and 9.

We make this request for the same reasons stated in Class Counsel’s September 23, 2021

letter requesting to seal their letter brief and exhibits under seal (ECF 489), namely, that parts of

the Letter Motion contain trade secrets, banking information, and competitively sensitive

information about AMA’s business. Further to Your Honor’s Rule I.D.3, AMA’s counsel will file

the unredacted version of the letter brief with proposed highlights and full set of corresponding

exhibits under seal. Thereafter, Counsel will file a redacted version of the Letter Motion and a set

of corresponding exhibits that includes placeholders for those proposed to be filed under seal on

the record.

We will also serve the unredacted Letter Motion and full set of unsealed corresponding

exhibits upon Class Counsel. Although we will use ECF to identify the parties and attorneys of

record who should have access to the sealed documents, we have also included an appendix

identifying those parties and attorneys here.

WW. OVLIVLIVI i AVJUU ce i LN CVV IVLAAIN

October 7, 2021

Page 2 REGAL & KENNEY

Given the resurgence of COVID-19, we are not mailing courtesy copies to chambers of the

documents we propose to file under seal. Please let us know if Your Honor would like us to email

a courtesy copy to chambers and we will do so.

We thank Your Honor for the Court’s time and attention to this matter.

Respectfully submitted,

Damian R. Cavaleri

cc: All Counsel of Record (by ECF)

October 7.’ NJ. WDRLIVLICIU i AVJUU ce i LN CVV IVLAAIN

October 7, 2021 □

Page 3 REGAL & KENNEYur

APPENDIX

Michael Dell’ Angelo

Michael J. Kane

BERGER MONTAGUE PC

1818 Market St, Suite 3600

Philadelphia, PA 19103

Tel: (215) 875-3000

mdellangelo@bm.net

mkane@bm.net

Counsel for the Class

Scott O. Luskin

PAYNE & FEARS LLP

200 N. Pacific Coast Highway, Suite 825

El Segundo, CA 90245

Tel.: (310) 689-1764

SOL@paynefears.com

Counsel for AMA Capital

Damian R. Cavaleri

HOGUET NEWMAN REGAL

& KENNEY, LLP

One Grand Central Place

60 East 42nd Street, 48th Floor

New York, NY 10165

Tel.: 212.689.8808

deavaleri@hnrklaw.com

Counsel for AMA Capital

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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