Opinion

Nypl v. JP Morgan Chase & Co.

Court
District Court, S.D. New York
Filed
Jan 31, 2023
Cited by
0 cases
Authority
More cited than 27.6%

The opinion

September 1, 2022

VIA ECF

The Honorable Lorna G. Schofield

United States District Judge

Thurgood Marshall U.S. Courthouse

40 Foley Square

New York, New York 10007

Re: Nypl, et al. v. JPMorgan Chase & Co., et al., Case No. 1:15-cv-9300 (LGS)

Dear Judge Schofield:

Pursuant to Rule I.D.3 of Your Honor’s Individual Rules and Procedures for Civil Cases,

the parties respectfully seek leave to file under seal limited portions of the papers in support of

and in opposition to defendants’ motion for summary judgment (the “Parties’ Submissions’) as

set forth below.

Certain portions of the Parties’ Submissions quote directly from or otherwise refer to

documents that have been designated as “Highly Confidential” under the Stipulation and Order

of Confidentiality (hereinafter the “Protective Order”) because they contain “material regarding

trading and investment strategies, pricing and cost information, customer lists, business strategy,

trade secrets and other commercial or financial information, the disclosure of which to another

Party or non-party would create a substantial risk of causing the Disclosing Party to suffer

significant competitive or commercial disadvantage... .” (ECF No. 249 at 2-3.) In particular,

these documents disclose confidential, proprietary information concerning how each bank sets

retail foreign exchange rates for the purchase of physical foreign currency at its retail branches in

the United States. Because the process used to set these rates reflects confidential pricing

information and sensitive business strategies, the parties respectfully request that it not be

disclosed publicly. (See ECF No. 597, July 20, 2020 Order (granting plaintiffs’ motion to seal

portions of a joint letter containing similar information for this reason).) The proposed

redactions in the Parties’ Submissions are narrowly tailored to ensure that the bulk of the Parties’

Submissions will be publicly available on the docket, and are consistent with the redactions

made in the parties’ papers in support of and in opposition to plaintiffs’ motion for class

certification and accompanying Daubert motions, which this Court permitted to be filed under

seal. See ECF No. 778 (Mar. 21, 2022 Order granting joint letter request to file under seal).

As the Court knows, the Second Circuit has recognized that the right of public access to

judicial documents is not absolute and “the court must balance competing considerations against

it.’ See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). For

instance, documents may be sealed where “closure is essential to preserve higher values and is

narrowly tailored to serve that interest.” /d.; see also Nixon v. Warner Commc’ns., Inc., 435 U.S.

589, 599 (1978) (“[T]he decision as to access is one best left to the sound discretion of the trial

court, a discretion to be exercised in light of the relevant facts and circumstances of the particular

case.”). Cf Burke v. Glanz, No. 11-cv-720, 2013 WL 211096, at *4 (N.D. Okla. Jan. 18, 2013)

(“Courts should be wary of modifying a protective order where a party has complied with

discovery in reliance on the agreement.”).

Pursuant to Rule I.D.3 of Your Honor’s Individual Rules and Procedures of Civil Cases,

the parties have prepared highlighted versions of the Parties’ Submissions that they propose to

file in redacted form and in unredacted form under seal. The parties believe that these proposed

redactions strike the proper balance between public access to court documents and protection of

confidential business information. Further pursuant to Rule I.D.3 of Your Honor’s Individual

Rules and Procedures for Civil Cases, attached hereto as Appendix A 1s a list of all parties and

attorneys of record who should have access to the sealed documents.

Respectfully submitted,

ALIOTO LAW FIRM LAW OFFICES OF LINGEL H.

WINTERS, A Professional Corporation

By: s/ Joseph M. Alioto*

Joseph M. Alioto By: s/Lingel H. Winters*

Tom Pier Lingel H. Winters

Theresa D. Moore

Attorneys for Plaintiffs Attorney for Plaintiffs

Application GRANTED in part and DENIED in part without prejudice. To the extent the redactions

-- in the parties memoranda of law, Local Rule 56.1 statements and certain exhibits -- are

narrowly tailored to protect competitively sensitive information about how Defendant banks set

retail prices for foreign currency, Defendants’ interest in the confidentiality of that information

outweighs the presumption of public access in this instance. However, the parties have offered

no explanation for why they seek to redact information about how the government set the

amounts of fines imposed on certain Defendants, nor any justification for filing entire exhibits

under seal that cover topics other than the competitively sensitive information discussed above.

By February 10, 2023, each party shall file a renewed letter motion to seal, attaching more

lightly-redacted versions of any documents that can be filed in part on the public docket, and

specifically explaining why any remaining redactions are narrowly tailored to protect a

confidentiality or other interest that outweighs the presumption of public access.

In the meantime, the Clerk of Court is respectfully directed to maintain under seal all documents

currently filed under seal.

Dated: January 31, 2023

New York, New York

LORNA G. SCHOFIEL

UNITED STATES DISTRICT JUDGE

SHEARMAN & STERLING LLP SULLIVAN & CROMWELL LLP

By: s/ Adam S$. Hakki* By: s/ Matthew A. Schwartz*

Adam S. Hakki Matthew A. Schwartz

Richard F. Schwed Christopher J. Dunne

Jeffrey J. Resetarits Mark A. Popovsky

Maeghan O. Mikorski

Attorneys for Defendants Bank of America Attorneys for Defendants

Corporation and Bank of America, N.A. Barclays PLC and Barclays Capital Inc.

COVINGTON & BURLING LLP LOCKE LORD LLP

By: s/ Andrew A. Ruffino* By: s/ J. Matthew Goodin*

Andrew A. Ruffino Roger B. Cowie

Andrew D. Lazerow Gregory T. Casamento

J. Matthew Goodin

Julia C. Webb

Attorneys for Defendants Citicorp, Attorneys for Defendants HSBC Bank

Citigroup Inc. and Citibank N.A. USA, N.A. and HSBC North America

Holdings, Inc.

SKADDEN, ARPS, SLATE, DAVIS POLK & WARDWELL LLP

MEAGHER & FLOM LLP

By: s/ Boris Bershteyn By: s/ Paul S. Mishkin*

Boris Bershteyn Paul S. Mishkin

Peter S. Julian Charlotte M. Savino

Tansy Woan Eric M. Kim

Attorneys for Defendants JPMorgan Attorneys for Defendant The Royal

Chase & Co. and JPMorgan Chase Bank of Scotland plc, now known as

Bank, N.A. NatWest Markets Plc

GIBSON, DUNN & CRUTCHER LLP

By: Eric J. Stock*

Eric J. Stock

Melanie L. Katsur

Attorneys for Defendant UBS AG

*Signatures used with permission pursuant to S.D.N.Y. ECF Rule 8.5

APPENDIX A

Alioto Law Firm Law Offices of Lingel H. Winters

Joseph M. Alioto Lingel H. Winters

Thomas P. Pier

Attorneys for Plaintiffs Attorneys for Plaintiffs

Nedeau Law Firm Law Offices of Lawrence G. Papale

Christopher A Nedeau Lawrence Papale

Attorneys for Plaintiffs Attorneys for Plaintiffs

SHEARMAN & STERLING LLP SULLIVAN & CROMWELL LLP

Adam S. Hakki Matthew A. Schwartz

Richard F. Schwed Christopher J. Dunne

Jeffrey J. Resetarits Mark A. Popovsky

Maeghan O. Mikorski

Attorneys for Defendants Bank of America Attorneys for Defendants Barclays PLC and

Corporation and Bank of America, N.A. Barclays Capital Inc.

COVINGTON & BURLING LLP LOCKE LORD LLP

Andrew A. Ruffino Roger B. Cowie

Andrew D. Lazerow Gregory T. Casamento

J. Matthew Goodin

Julia C. Webb

Attorneys for Defendants Citicorp, Citigroup | Attorneys for Defendants HSBC Bank USA,

Inc. and Citibank N.A. N.A. and HSBC North America Holdings, Inc.

SKADDEN, ARPS, SLATE, DAVIS POLK & WARDWELL LLP

MEAGHER & FLOM LLP

Paul S. Mishkin

Boris Bershteyn Charlotte M. Savino

Peter S. Julian Eric M. Kim

Tansy Woan

Attorneys for Defendants JPMorgan Chase & | Attorneys for Defendant The Royal Bank of

Co. and JPMorgan Chase Bank, N.A Scotland plc, now known as NatWest Markets

Plie

GIBSON, DUNN & CRUTCHER LLP

Eric J. Stock

Melanie L. Katsur

Attorneys for Defendant UBS AG

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.