# Opinion

> District Court, S.D. New York · July 23, 2026

URL: https://www.frixlaw.com/law-library/cases/11433210

## Case

- **Full name:** California State Teachers’ Retirement System v. UBS AG et al.
- **Court:** District Court, S.D. New York
- **Decided:** July 23, 2026
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

King & Spalding LLP
King 8 New Yor New Yer 108
Spaiding T: +1 212 556 2100
F: +1 212 556 2222
kslaw.com
David S. Lesser
Partner
T: +1 212 556 2261
dlesser@kslaw.com
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The Honorable P. Kevin Castel _. of
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Re: California State Teachers’ Retirement System v. UBS AG et al., 13-cv-2811 (PKC)
(S.D.N.Y.)
Dear Judge Castel:
We write on behalf of Defendant The Royal Bank of Scotland ple (n/k/a NatWest
Markets plc) (“NatWest”) in the above captioned action. / Pursuant to Rule 5 of the Court’s
Individual Practices in Civil Cases, NatWest respectfully moves the Court to provisionally
treat as sealed Exhibit 5 to the Declaration of David S. Lesser in Support of NatWest’s Motion
to Dismiss the Fifth Amended Complaint (“Exhibit 5”) (Dkt. 682-5). ]
As with Exhibit 3 to the Declaration of Jefferson E. Bell in Support of Defendants’
Letter-Brief, Dkt. 641-3, Exhibit 5 is a confidential settlement agreement resolving claims in
the separate Allianz Global Investors GmbH, et al. v. Bank of America Corporation, et al.,
1:18-cv-10364 (LGS) (S.D.N.Y.) litigation. Accordingly, for the same reasons discussed in
the parties’ earlier sealing requests, Dkts. 639, 652, 657, and granted in this Court’s order, Dkt.
663 at 3-4, NatWest respectfully requests that the Court permit NatWest to file Exhibit 5 under
seal. The settlement agreement is confidential, not otherwise public, and concerns settling
entities that are not parties to this action. This Court has already held that the full “25-page”
agreement “has no apparent bearing on the anticipated motion, implicates the privacy interests
of non-parties, relates to the important goal of advancing private settlement, and likely need
not be subject to public inspection.” Dkt. 663 at 4. See, e.g., SEC v. Tel. Grp. Inc., 2020 WL
3264264, at *3 (S.D.N.Y. June 17, I 2020) (Castel, J.) (“protecting the confidentiality of the
settlement negotiation process represents a significant countervailing factor that can outweigh
the presumption of public access and warrant the sealing of settlement negotiations
materials”); Spin Master, Ltd. v. Aomore-US, 2024 WL 3250815, at *2 (S.D.N.Y. June 28,
2024) (where a settlement agreement implicates “innocent third parties not presently before
the Court,” there is a “heavy weight placed on their interest,” and the “right to public access to
these documents is outweighed”). Further, in line with the Court’s guidance, Defendants have
narrowly tailored their request and seek only to seal the settlement agreement itself, having

The Honorable P. Kevin Castel
July 17, 2026
Page 2
otherwise “endeavor[ed] to submit without redaction the relevant release language of the
Allianz Settlement that... bars CALSTRS’s claims.” Dkt. 663 at 3.
Today, NatWest will file a copy Exhibit 5 provisionally under seal, in accordance with
Rule 5 of the Court’s Individual Practices. If the Court is not inclined to grant NatWest’s
request, NatWest respectfully requests the opportunity to notify the relevant third parties.
NatWest further requests that the Court grant an exception to the requirement of formal
motion practice supported by a memorandum of law and an affidavit as required by the Court’s
Individual Practices, Rule 4. See Dkts. 307, 627, 663, 673 (granting similar requests).
We appreciate the Court’s consideration of this matter.

Respectfully submitted,
/s/ David S. Lesser
David S. Lesser
Cc: Counsel of Record (via ECF)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11433210. Public record. Not legal advice.
