Anwar et al v. Fairfield Greenwich Limited et al

Filing 1449

ENDORSED LETTER addressed to Judge Victor Marrero from Robert A. Wallner dated 11/10/2015 re: Response to November 10, 2015 letters. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by New Greenwich Litigation Trustee. (Signed by Judge Victor Marrero on 11/13/2015) (spo)

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1111012015 15:36 FAX •"~·~ · .•,,.;• 212 760 0319 M I LB ERG MILBERG LLP @0021003 NEW YORK LOS ANGELES DETROIT Ll.P I( :; Robert A. Wallner DirectDial: 212-946-9335 Novermber 10, 2015 VIA FAX The Honorable Victor Marrero United States District Judge Southern District of New York Daniel Patrick Moynihan United States Courthouse 500 Pearl Street New York, New York 10007 Re: Anwar v. Fairfield Greenwich Ltd., 09-118 (VM) Dear Judge Marrero: On behalf of New Greenwich Litigation Trustee, LLC, as Successor Trustee of the Greenwich Sentry and Greenwich Sentry Partners Litigation Trusts ("Trustee"), we reply to the parties' November 10, 2015 letters to the Court in response to the Trustee's request to unseal the motion in limine papers. Plaintiffs take no position on the Trustee's request. (See Letter of David A. Barrett to the Court). That fact alone warrants the unsealing of the papers. The PricewaterhouseCoopers Defendants ("PwC") oppose the request. (See Letter of Timothy A. Duffy to the Court). Through its non-descript "omnibus" motion, PwC improperly requests in limine rulings that have never been described in the public record, on the basis of legal arguments that also have never been publicly described. The public right of access to papers setting forth PwC's legal positions cannot be disputed. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 126 (2d Cir. 2006); United States v. Gerena, 869 F.2d 82, 85 (2d Cir. 1989). Indeed, because PwC itself has acknowledged "the broad public interest in the Madoff matter" (Dkt. No. 1378, at p. 40 of 53), the public right of access to the papers is especially compelling. Finally, given PwC's argument that the Trustee already has access to the underlying discovery materials, there is no justification for withholding the motion papers from the Trustee. 1ne~ully, ~Vb(~\ Robert A. Wallner ' 11/10/2015 15:36 FAX 212 760 0319 The Honorable Victor Marrero November 10, 2015 Page 2 cc (via email): David A. Barrett, Esq. Sarah L. Cave, Esq. Timothy A. Duffy, Esq. Robert C. Finkel, Esq. Andrew G. Gordon, Esq. Victor E. Stewart, Esq. M1 [88ERG LLP MILBERG LLP 141003/003

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