The opinion
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V3 BERGER| MONTAGUE
MICHAEL C. DELL’ANGELO / EXECUTIVE SHAREHOLDER
d 215.875.3080 m 610.608.8766 | mdellangelo@bm.net
June 14, 2023
VIA ECF
Honorable Lorna G. Schofield
United States District Judge
Thurgood Marshall U.S. Courthouse
40 Foley Square
New York, NY 10007
RE: Contant, et al. v. Bank of America Corp., et al., No. 17-cv-3139
Dear Judge Schofield:
Class Counsel respectfully submit this letter motion to request permission to seal portions
of the Reply Memorandum in Support of Plaintiffs’ Motion for Disbursement of the Interest
Income Earned on the Settlement Funds. Class Counsel’s proposed redactions are limited to claim
calculations.
In accordance with your Honor’s Rules and Practices, Counsel will file an unredacted
version of the brief with the proposed highlights under seal. Thereafter, Counsel will file a redacted
version of the brief with exhibits on the record. In addition, attached to this letter is an appendix
that identifies the parties and attorneys of record who should have access to the sealed documents.
R tfully submitted
ce: All Counsel of Record (via ECF) “spectey Seem
/s/ Michael Dell’Angelo
Michael Dell’ Angelo
DENIED without prejudice to renewal. "The common law right of public access to judicial documents is fi
our nation’s history,” this right is not absolute and courts “must balance competing considerations against”
of access. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) (internal quotation
A court may only seal documents for which there is a presumptive right of access "if specific, on the record
are made demonstrating that closure is essential to preserve higher values and is narrowly tailored to serve t
/d. at 120. “Higher values" may include the attorney client privilege, id. at 125, law enforcement interests «
of innocent third parties. See United State v. Amodeo, 71 F.3d 1044 (2d Cir. 1995). Class Counsel has not
how filing the redacted information under seal protects higher values sufficient to overcome the presumpt
access.
may file a renewed request to maintain these documents under seal by June 20, 2023, with an explanat
sis for that request that is sufficient under Second Circuit case law.
of Court is respectfully directed to close the motion at Dkt. No. 594, and to maintain all currently sealed
under seal pending a possible renewed motion to seal by Class Counsel.
15. 20223 Lo A baer