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

Opinion

quinn emanuel trial lawyers | new york ll COHEN MILSTEIN

“geen MEMO ENDORSED VIA ECF The Honorable Katherine Polk Failla Thurgood Marshall United States Courthouse 40 Foley Square New York, NY 10007 Re: Jowa Pub. Emps.’ Ret. Sys. et al. v. Bank of Am. Corp. et al., No. 17-cv-6221 (KPF) Dear Judge Failla: Plaintiffs respectfully request leave to file their letter motion to compel depositions and the related exhibit under seal, pursuant to paragraph 9(c)(i1) of this Court’s Individual Rules of Practice. On August 5, 2021, Plaintiffs filed a letter motion to compel the depositions of certain individuals whose declarations were included with Defendants’ class certification opposition papers. (Dkt. 444) Today, counsel for Defendants contacted counsel for Plaintiffs requesting that Plaintiffs file their letter motion under seal and redact the names of the declarants in order to protect the privacy interest of those individuals, a request to which Plaintiffs consent. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006) (recognizing that the Court must “balance competing considerations against [the presumption of access],” including but not limited to “the privacy interests of those resisting disclosure”) (quoting United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995)). Pursuant to Section 21.7 of the Court’s Electronic Case Filing Rules & Instructions, Plaintiffs contacted the ECF HelpDesk to request that the filing be temporarily sealed and made inaccessible to PACER users. The parties now request that the Court formally seal Plaintiffs’ letter motion to compel. 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 portions of Plaintiffs’ submission regarding their motion to compel specified for redaction may be filed under seal, viewable only to the parties and the Court. The Clerk of Court is directed to terminate the motion pending at docket entry 445. Date: August 9, 2021 SO ORDERED. New York, New York Kathir Palle (flo HON. KATHERINE POLK FAILLA UNITED STATES DISTRICT JUDGE