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