The opinion
quinn emanuel trial lawyers | new york
COHEN MILSTEIN
Application GRANTED. The Clerk of Court is respectfully directed to cl
February 1, 2022 ECF No. 515. □□
□□□□
Via ECF SO ORDERED 2/2/2022 \ ded es Maga
Magistrate Judge Sarah L. Cave
Daniel Patrick Moynihan Courthouse
500 Pearl Street, Room 1670
New York, NY 10007
Re: Iowa Pub. Emps.’ Ret. Sys. et al. v. Bank of Am. Corp. et al., No. 17-cv-6221 (KPF-SLC)
Dear Judge Cave:
Pursuant to ECF 512, Plaintiffs submit redacted and public copies of Plaintiffs’ sur-sur-
reply brief and materials with the parties’ proposed redactions and designations.
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), and prior
approvals (Dkt. No. 443) (hie Partiesinow move for Sealing lor redaction of certain materials ifiled
with Plaintiffs’ Sur-Sur-Reply in Further Support of 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.
Plaintiffs’ Justifications and Designations
Plaintiffs’ sur-sur-reply papers quote from, discuss, and refer to discovery material
produced by Plaintiffs and Third-Parties subject to confidentiality designations, which include
trade secrets, other confidential research, development, or commercial information, or other private
or competitively sensitive information, including personal data. Accordingly, Plaintiffs request on
behalf of themselves and Third-Parties that the marked portions of Exhibit 179 (ECF 514-1) to the
Declaration of Daniel L. Brockett dated January 18, 2022 (“Brockett Sur-Sur-Reply Declaration”),
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.
Plaintiffs’ sur-sur-reply memorandum and supporting expert report quote from, discuss,
and make reference to documents and data produced by Defendants and designated “Confidential”
and “Highly Confidential” under the Parties’ Protective Orders (Dkt. No. 150, 228). Such
Confidential or Highly Confidential materials include trade secrets, other confidential research,
development, or commercial information, and other private or competitively sensitive information,
including personal data. Accordingly, Defendants provided Plaintiffs with proposed redactions to
Plaintiffs’ memorandum and supporting expert report, and Plaintiffs have had the opportunity to
review the proposed redactions. Defendants request that Plaintiffs’ sur-sur reply memorandum and
Exhibit 179 to the Declaration of Daniel L. Brockett in Further Support of Plaintiffs’ Motion for
Class Certification and Appointment of Class Counsel be filed in redacted form.
Plaintiffs’ sur-sur-reply memorandum and supporting expert report 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, or make reference to non-parties to the litigation. Defendants have
proposed, and Plaintiffs have had the opportunity to review, filing such materials with redactions
consistent with the designations made by Third-Parties and Lugosch. Accordingly, Defendants
request on their behalf that marked portions of Plaintiffs’ sur-sur-reply memorandum and Exhibit
179 to the Declaration of Daniel L. Brockett in Further Support of Plaintiffs’ Motion for Class
Certification and Appointment of Class Counsel be filed in redacted form.
Respectfully submitted,
/s/ Michael B. Eisenkraft /s/ D aniel L. Brockett
Michael B. Eisenkraft Dani el L. Brockett
COHEN MILSTEIN SELLERS & TOLL QUINN EMANUEL URQUHART &
PLLC SULLIVAN, LLP