Mayor and City Council of Baltimore v. Bank of America Corporation et al

Filing 747

ORDER granting (720) Letter Motion to Seal in case 1:11-cv-05450-NRB; granting (4307) Letter Motion to Seal in case 1:11-md-02262-NRB. Application granted. So Ordered. (Signed by Judge Naomi Reice Buchwald on 11/26/24) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-05450-NRB (yv)

Jefferson E. Bell
Partner
T: +1 212.351.2395
M: +1 917.318.4932
[e-mail]

November 22, 2024
VIA ELECTRONIC FILING
The Honorable Naomi R. Buchwald
United States District Court
Southern District of New York
500 Pearl Street
New York, NY 10007
Re:

Mayor and City Council of Baltimore, et al., v. Credit Suisse AG, et al., No. 11-cv-05450
(S.D.N.Y.) (the “OTC Action”); In re LIBOR-Based Financial Instruments Antitrust
Litigation, No. 11- md-02262 (S.D.N.Y.)

Dear Judge Buchwald:
I am counsel for UBS AG (“UBS”) and write, pursuant to Rule 2.H of Your Honor’s
Individual Practices, on behalf of all remaining Defendants in the OTC Action 1 to respectfully
request permission to file under seal the memorandum of law and accompanying materials in
support of both (1) Credit Suisse, NatWest, and UBS’s opposition to Plaintiffs’ October 4, 2024,
motion for class certification (ECF No. 4190); and (2) Bank of America and JPMorgan’s motion
for class decertification (collectively “Defendants’ Class Certification Briefing”).
Defendants’ Class Certification Briefing contains a substantial amount of material that
has been designated Confidential or Highly Confidential pursuant to the Amended Stipulation
and Protective Order, dated May 12, 2016 (ECF No. 1405), including commercially sensitive
business information of Defendants. If such information were to be made publicly available,
Defendants and others could be disadvantaged. See e.g., In re Parmalat Sec. Litig., 258 F.R.D.
236, 244 (S.D.N.Y. 2009) (“Notwithstanding the presumption of public access to judicial
records, courts may deny access to records that are ‘sources of business information that might
harm a litigant’s competitive standing.’” (quoting Nixon v. Warner Commc’ns, Inc., 435 U.S.
589, 598 (1978))).
Accordingly, and pursuant to Your Honor’s Individual Practices, the Court’s ECF Rules
& Instructions, and the Court’s Order dated September 27, 2024 (ECF No. 4136), Defendants’
Class Certification Briefing is filed herewith entirely under seal. Within 14 days, Defendants
will file Defendants’ Class Certification Briefing with redactions on the public docket and a
1

The remaining Defendants are UBS; Credit Suisse AG (“Credit Suisse”); NatWest Markets plc
(f/k/a The Royal Bank of Scotland plc) and NatWest Group plc (f/k/a The Royal Bank of
Scotland Group plc) (collectively, “NatWest”); Bank of America Corporation and Bank of
America, N.A. (collectively, “Bank of America”); and JPMorgan Chase & Co. and JPMorgan
Chase Bank, N.A. (collectively, “JPMorgan”).
Gibson, Dunn & Crutcher LLP
200 Park Avenue | New York, NY 10166-0193 | T: 212.351.4000 | F: 212.351.4035 | gibsondunn.com

The Honorable Naomi R. Buchwald
Southern District of New York

November 22, 2024
Page 2

second complete set of the same, with any redactions highlighted, under seal, as required by
Section 6.8 of the Court’s ECF Rules & Instructions.
We thank the Court for its attention to this matter and stand ready to answer any
questions the Court may have.
Respectfully submitted,

Application granted.

So ordered.

/s/ Jefferson E. Bell
Jefferson E. Bell
cc:

All counsel by e-filing

Dated: November 26, 2024
New York, New York