National Credit Union Administration Board v. Deutsche Bank National Trust Co.

Filing 427

ORDER granting 422 LETTER MOTION to Seal in connection with Trustee's Reply in Further Support of Motion to Exclude the Report, Opinions, and Testimony of Leonard A. Blum. SO ORDERED. (Signed by Judge Sidney H. Stein on 8/8/2022) (jca)

Case 1:14-cv-08919-SHS Document 427 Filed 08/08/22 Page 1 of 2

Morgan Lewis
Bernard J. Garbutt III
+ 1.212.309 .6084
[e-mail]

August 5, 2022
VIAECF
Hon. Sidney H. Stein, U.S.D.J.
United States District Court, S.D.N.Y.
Daniel Patrick Moynihan United States Courthouse
500 Pearl Street, Room 1010
New York, NY 10007

Re:

Nat '! Credit Union Admin. Bd. v. Deutsche Bank Nat '! Trust Co., No. 14-cv-8919

Dear Judge Stein:
We represent Defendant Deutsche Bank National Trust Company, as trustee for the 18
residential mortgage-backed securitization trusts at issue herein (the "Trustee"). We write,
pursuant to Section 5(B) the Court's Individual Practices, to seek leave to file certain
documents under seal or with redactions in connection with the Trustee's accompanying
reply in further support of its motion to exclude the report, opinions, and testimony of
Leonard A. Blum (the "Trustee Daubert Reply").
First, consistent with the Court's recent orders (Dkt,## 365, 367. & 403), the Trustee seeks
the Court's permission to: (a) redact or file under seal non-public personal borrower
information; (b) file under seal complete documents that contain voluminous amounts of
non-public personal borrower information; and (c) publicly file documents containing full
loan numbers where those loan numbers are not connected to any non-public personal
borrower information.
Second, consistent with the Court's recent orders (Dkt,## 365 & 403) and pursuant to
Paragraph 31 of the Stipulation and Agreed Protective Order (Pkt.# 199) (the "Protective
Order"), the Trustee seeks the Court' s permission to redact or file under seal non-public
confidential information produced by a non-party.

I.

Motion Papers and Exhibits Containing
Non-Public Personal Borrower Information

The Trustee seeks the Court's permission to: (a) redact or file under seal non-public
personal borrower information; (b) file under seal complete documents that contain
voluminous amounts of non-public personal borrower information; and (c) publicly file
documents containing full loan numbers where those loan numbers are not connected to
any non-public personal borrower information.

Morgan, Lewis & Beckius LLP
101 Park Avenue
New York, NY 10178-0060
United States

0 + 1.212.309.6000
G +1.212 .309.6001

. ,

Case 1:14-cv-08919-SHS Document 427 Filed 08/08/22 Page 2 of 2

Hon. Sidney H . Stein, U.S.D.J.
August 5, 2022
Page 2
This material consists of or is derived from the " Expert Report of Leonard A. Blum," dated
July 23 , 2021 (the "Blum Report"), which the Trustee previously submitted to the Court as
an exhibit to its Motion to Exclude Blum. Dkt,# 395-2 (Exhibit 2 to the Declaration of
Jawad B . Muaddi , dated May 17, 2022).
The following materials that are being submitted with the Trustee Daubert Reply contain
non-public personal borrower information, specifically loan numbers and borrower names
and/or addresses:
•

"Declaration of Jawad B. Muaddi in Further Support of the Motion of Defendant
Deutsche Bank National Trust Company, as Trustee, to Exclude the Report,
Opinions, and Testimony of Leonard A. Blum," dated August 5, 2022 (the
"Muaddi Reply Declaration");

•

Muaddi Ex. 30 (derived from the Blum Report) ;

•

Muaddi Ex. 31 (derived from the Blum Report); and

•

Muaddi Ex. 32 (derived from the Blum Report).

For the reasons articulated, and the authorities cited, in the parties ' " So Ordered" joint
letters (Dkt.## 367 & 403), the Trustee respectfully requests permission to file the
foregoing materials under seal or with redactions, in the manner described above.

II.

Exhibits and Motion Papers Containing Information About Non-Parties

The Trustee seeks the Court' s permission to redact references in the "Reply Memorandum
of Law of Defendant Deutsche Bank National Trust Company, as Trustee, in Support of its
Motion to Exclude the Report, Opinions, and Testimony of Leonard A . Blum," dated
August 5, 2022 and the Muaddi Reply Declaration to documents containing non-public
confidential information produced by a non-party pursuant to a subpoena served by
NCUA. The Court recently allowed the Trustee to submit non-public confidential
information about non-parties under seal. Dkt,## 365 & 403.
For the reasons articulated, and the authorities cited, in the Trustee's " So Ordered" letters
(Dkt, ## 365 & 403), the Trustee respectfully requests permission to file the foregoing
materials under seal or with redactions.
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We thank the Court for its attention to this matter.
Respectfully submitted,
Bernard J Garbutt III
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