Opinion

Iowa Public Employees' Retirement System v. Bank of America Corporation

Court
District Court, S.D. New York
Filed
Oct 14, 2022
Cited by
0 cases
Authority
More cited than 27.5%

The opinion

quinn emanuel trial lawyers | new york | i

COHEN MILSTEIN

“_ MEMO ENDORSED

VIA ECF

The Honorable Katherine Polk Failla

Thurgood Marshall United States Courthouse

40 Foley Square

New York, NY 10007

Re: lJowa Pub. Emps.’ Ret. Sys. et al. v. Bank of Am. Corp. et al., No. 17-cv-6221 (KPF)

Dear Judge Failla:

Section 9 of the Protective Order (Dkt. No. 150), as amended by the Supplemented

Stipulated Protective Order (Dkt. No. 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 Plaintiffs’ Response to Defendants’ Objections to Magistrate Judge

Cave’s Report and Recommendation Granting in Part and Denying in Part Plaintiffs’ Motion for

Class Certification and Appointment of Class Counsel (Dkt. No. 597), Declaration of Daniel L.

Brockett In Support of Plaintiffs’ Response to Defendants’ Objections to Magistrate Judge

Cave’s Report and Recommendation (Dkt. No. 598), and Exhibits A, B, and C to Plaintiffs’

Response (Dkt. Nos. 598-1, 598-2, 598-3) (collectively “Plaintiffs’ Response”). 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’ Response quotes from, discusses, and makes reference to the substance of

documents designated “Confidential” and “Highly Confidential” under the Parties’ January 2,

2019 Protective Order (Dkt. No. 150). Such materials include trade secrets, other confidential

research, development, or commercial information, and other private or competitively sensitive

information, including personal data. Accordingly, Plaintiffs request that the marked portions of

Plaintiffs’ Response dated September 29, 2022 be filed in redacted form. In addition, Plaintiffs

request that Exhibits B and C to Plaintiffs’ Response, (Dkt Nos. 598-2, 598-3), be filed under seal.

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.” Plaintiffs’ Response likewise references materials previously entered in redacted

form and/or under seal. See e.g., Dkt. No. 589. Accordingly, Plaintiffs request that the marked

portions of Plaintiffs’ Response be filed in redacted form and/or under seal, pursuant to Lugosch

v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) and its progeny.

Defendants’ Justifications and Designations

Plaintiffs’ Response quotes from, discusses, and makes reference to the substance of

documents and data designated “Confidential” and “Highly Confidential” under the Parties’

January 2, 2019 Protective Order (Dkt. No. 150). 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 Plaintiffs’ Response be filed in redacted form. This 1s 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.”

Plaintiffs’ Response references materials previously entered in redacted form and/or under seal.

See e.g., Dkt. No. 589. Accordingly, Defendants request that marked portions of Plaintiffs’

Response be filed in redacted form and/or under seal, pursuant to Lugosch v. Pyramid Co. of

Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) and its progeny.

Respectfully submitted,

/s/ Michael B. Eisenkraft /s/ Daniel L. Brockett

Michael B. Eisenkraft Daniel L. Brockett

COHEN MILSTEIN SELLERS & TOLL QUINN EMANUEL URQUHART &

PLLC SULLIVAN, LLP

Application GRANTED. The Clerk of Court is directed to maintain docket

entries 597 and 598, as well as Exhibits A, B, and C to docket entry

598, under seal, viewable only to the parties and the Court.

The Clerk of Court is directed to terminate the motion at docket entry

#599.

SO ORDERED.

Dated: October 14, 2022 . ia

New York, New York Kittens Me Kile

HON. KATHERINE POLK FAILLA

3 UNITED STATES DISTRICT JUDGE

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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