Iowa Public Employees' Retirement System v. Bank of America Corporation ( 2021 )

COVINGTON Robert D. Wick BEIJING BRUSSELS DUBAI FRANKFURT JOHANNESBURG Covington & Burling LLP LONDON LOS ANGELES NEW YORK PALO ALTO One CityCenter SAN FRANCISCO SEOUL SHANGHAI WASHINGTON 850 Tenth Street, NW Washington, DC 20001-4956 T +1202 6625487 rwick@cov.com Magistrate Judge Sarah L. Cave October 19, 2021 Daniel Patrick Moynihan Courthouse 500 Pearl Street, Room 1670 New York, NY 10007 RE: Jowa Pub. Emps.’ Ret. Sys. et al. v. Bank of Am. Corp. et al., No. 17-cv-6221 (KPF/SLC) Dear Magistrate Judge Cave: As counsel to the JPMorgan Defendants in the above-captioned action, I write on behalf of all Defendants to request permission to redact references to confidential material in Defendants’ letter-motion requesting leave to file a sur-reply brief in opposition to Plaintiffs’ motion for class certification. The material Defendants propose to redact and file under seal consists solely of references to expert materials that (1) have already been filed under seal pursuant to sealing orders issued by Judge Failla and (11) were designated “Highly Confidential” by Plaintiffs pursuant to the protective order issued by Judge Failla. The Second Circuit has recognized the appropriateness of sealing confidential information. See, e.g., DiRussa v. Dean Witter Reynolds Inc., 121 F.3d 818, 826 (2d Cir. 1997) (upholding trial court's decision to “safeguard . . . confidential material” by placing documents under seal). Pursuant to Your Honor’s Individual Practices and this Court’s Electronic Case Filing Rules & Instructions, we are contemporaneously filing a sealed version of Defendants’ letter- motion requesting leave to submit a sur-reply, with Defendants’ proposed redactions highlighted. Defendants’ letter-motion to seal (ECF No. 472) Respectfully submitted, the Clerk of Court is respectfully directed to /s/ Robert D. Wick access to ECF No. 473 (the "Letter-Motion") to Court and the case participants. Robert D. Wick Defendants shall publicly file their Letter- Counsel for the JPMorgan Defendants imposing the proposed redactions that appear in writing on behalf of all Defendants 473. of Court is also respectfully directed to close ECF 10/20/2021 a AA ( Lif AN Wy Af / _ { SARAH L. A