The opinion
parties’ letter-motion (the "Letter-Motion") to file in redacted form, or under seal, Defendants’ Sur-
in Opposition to Plaintiffs’ Class Certification Motion and associated documents (ECF No. 505) is
RANTED. The Court grants leave to the parties to maintain the redactions in the documents filed at ECF
os. 506-07, and, as set forth in the Letter-Motion, Exhibit No. 73 (ECF No. 507-5) may be filed under seal.
parties are directed to promptly file under seal unredacted versions of their filings at ECF No. 506-07.
Clerk of Court is respectfully directed to close ECF No. 505.
ORDERED 12/17/2021 yf
Anat.
| aAnee L. CAYE
United States Magistrate Judge
Re: Jowa Pub. Emps.’ Ret. Sys. et al. v. Bank of Am. Corp. et al.,
No. 17-cv-6221 (KPF/SLC)
Dear Judge Cave:
Section 9 of the Protective Order (Dkt. Nos. 150, 228) provides that for any filing that
quotes or refers to discovery material that has been designated Confidential, Highly Confidential,
or Highly Confidential Data, the party “shall request to file such documents or portions thereof
containing or making reference to such material or information in redacted form or under seal.”
Consistent with the process this Court approved for such requests (Dkt. No. 408), the Parties now
move for sealing or redaction of certain materials filed with Defendants’ Sur-Reply in Opposition
to Plaintiffs’ Class Certification Motion. The Parties’ justifications for sealing or redacting those
materials under Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006), and
its progeny are as follows.
Defendants’ Justifications and Designations
Defendants’ memorandum and certain supporting materials quote from, discuss, and make
reference to the substance of documents and data designated “Confidential” and “Highly
Confidential” under the Parties’ January 2, 2019 Protective Order (Dkt. No. 150), and “Highly
Confidential Data” under the Parties’ October 30, 2019 Supplemental Protective Order (Dkt No.
228). Such materials include trade secrets, other confidential research, development, or
commercial information, and other private or competitively sensitive information, including
personal data. Accordingly, Defendants request that the marked portions of Defendants’ sur-reply
memorandum of law, of Exhibits 69-72 to the Declaration of John S. Playforth in Support of
Defendants’ Sur-Reply in Opposition to Plaintiffs’ Motion for Class Certification dated November
22, 2021 (the “Playforth Declaration”), and the Playforth Declaration itself, be filed in redacted
form. This is in accordance with Section 9 of the Protective Order, which provides that for “papers
containing or making reference to the substance of [“Confidential”, “Highly Confidential”, or
“Highly Confidential Data’”’] material or information, [a Party] shall request to file such documents
or portions thereof containing or making reference to such material or information in redacted form
or under seal.”
COVINGTON
Defendants’ memorandum and certain supporting materials also quote from, discuss, and
refer to the substance of discovery material produced by Third-Parties subject to confidentiality
designations, which likewise include trade secrets, other confidential research, development, or
commercial information, or other private or competitively sensitive information, including
personal data. Defendants have proposed, and Plaintiffs have had the opportunity to review, filing
such materials under seal or with redactions consistent with the designations made by Third-Parties
and Lugosch. Accordingly, Defendants request on their behalf that marked portions of
Defendants’ memorandum and Exhibits 69-72 to the Playforth Declaration, and the Playforth
Declaration itself, be filed in redacted form. Defendants additionally request that Exhibit 73 to the
Playforth Declaration be filed entirely under seal.
Plaintiffs’ Justifications and Designations
Defendants’ sur-reply papers quote from, discuss, and refer to discovery material produced
by certain Parties subject to confidentiality designations, which include trade secrets, highly
confidential data, other confidential research, development, or commercial information, or other
private or competitively sensitive information, including personal data. In addition, Defendants’
papers discuss in detail material approved for redaction or sealing pursuant to ECF 493.
Accordingly, Plaintiffs request that the marked portions of Defendants’ memorandum of law and
of Exhibits 69 and 70 to the Declaration of John S. Playforth dated November 22, 2021 be filed in
redacted form. Plaintiffs take no position with respect to Defendants’ redaction and under-seal
requests beyond those which we request ourselves, and reserve all rights under the Protective
Orders.
Respectfully submitted,
/s/ John §. Playforth
John S. Playforth
Counsel for the JPMorgan Defendants