upholding trial court's decision to “safeguard . . . confidential material” by placing documents under seal
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- upholding trial court's decision to “safeguard . . . confidential material” by placing documents under seal
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The opinion
COVINGTON Robert D. Wick
BEIJING BRUSSELS DUBAI FRANKFURT JOHANNESBURG Covington & Burling LLP
LONDON LOS ANGELES NEW YORK PALO ALTO One CityCenter
SAN FRANCISCO SEOUL SHANGHAI WASHINGTON 850 Tenth Street, NW
Washington, DC 20001-4956
T +1202 662 5487
rwick@cov.com
Via ECF February 28, 2022
The Honorable Katherine Polk Failla
United States District Court, Southern District of New York MEMO ENDORSE!
40 Foley Square
New York, NY 10007
Re: Jowa Public Employees’ Retirement System v. Bank of America Corp.,
No. 17-cev-6221-KPF (S.D.N.Y.)
Dear Judge Failla:
Pursuant to Paragraph 9(B) of Your Honor’s individual rules, JPMorgan respectfully
requests permission to file under seal and in redacted form certain exhibits to its opposition to
Plaintiffs’ letter-motion for leave to serve certain “spoliation-related” interrogatories (ECF No.
527).
JPMorgan proposes to file under seal the parties’ Phone Agreement, which was
negotiated among all parties in this action and designated “highly confidential” pursuant to the
parties’ stipulated protective order (ECF No. 150), and therefore must be filed under seal in
accordance with Section 9 of that order. JPMorgan also proposes to redact the names of certain
custodians and deponents in this action in one of its exhibits. The Second Circuit has recognized
the appropriateness of sealing confidential information. See, e.g., DiRussa v. Dean Witter
Reynolds, Inc., 121 F.3d 818, 826 (2d Cir. 1997) (upholding trial court's decision to “safeguard . .
. confidential material” by placing documents under seal). Pursuant to Your Honor’s individual
rules and this Court’s Electronic Case Filing Rules & Instructions, we are contemporaneously
filing sealed versions of these three exhibits, with JPMorgan’s proposed redactions highlighted.
Respectfully submitted,
Ls/
Robert D. Wick
Counsel for the JPMorgan Defendants
may file an unredacted version of this submission under seal, viewable
only to the parties and the Court.
The Clerk of Court is directed to terminate the pending motion at docket
entry 530.
Dated: March 1, 2022
New York, New York