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)

1111012015 15:36 FAX

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212 760 0319

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Robert A. Wallner
DirectDial: 212-946-9335
[e-mail]

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,

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Robert A. Wallner

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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.

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MILBERG LLP

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