Pacific Life Insurance Company et al v. The Bank of New York Mellon

Filing 179

ORDER granting 169 Letter Motion to Seal. Application GRANTED. Plaintiffs may redact portions of Exhibits 7, 11, 14, and 22 to the Declaration of Philip R. Schatz, as well as references to those exhibits in their briefing, and may file under seal unredacted copies of those exhibits. Plaintiffs may also file under seal Exhibits 6 and 8 to the Declaration of Philip R. Schatz. The sealed copies shall be viewable to the Court and parties only. (Signed by Judge Katherine Polk Failla on 10/19/2020) (rro)

WOLLMUTH MAHER & DEUTSCH LLP
500 FIFTH AVENUE
NEW YORK, NEW YORK 10110
TELEPHONE [phone]
FACSIMILE [phone]

October 16, 2020
By ECF
The Honorable Katherine Polk Failla
United States District Court Judge for the
Southern District of New York
Thurgood Marshall United States Courthouse
40 Foley Square
New York, NY 10007

MEMO ENDORSED

Pacific Life Ins. Co. v. The Bank of New York Mellon, 17-cv-1388-KPF
Subject: Sealing Request Regarding Plaintiffs’ Oppositions to
Defendants’ Motions Exclude Opinions and Testimony of
Plaintiffs’ Experts [ECF Nos. 150-159]
Dear Judge Failla:
Pursuant to Rule 9 of your Individual Practices, Plaintiffs Pacific Life Insurance Co., and
Pacific Life & Annuity Co. request permission to redact portions of the documents attached as
Exhibits 7, 11, 14, 22 (the “Redacted Exhibits”) to the Declaration of Philip R. Schatz in
Opposition to BNYM’s Motions to Exclude the Opinions of PacLife’s Experts [ECF Nos. 150159] and references to them in PacLife’s Memorandum of Law in Opposition to BNYM’s Motion
to Exclude Opinions of Ingrid Beckles (“Beckles Opposition”) and to file under seal documents
attached as Exhibits 6 and 8 (the “Sealed Exhibits”) to the Schatz Declaration. The Sealed
Exhibits and redacted portions of the Redacted Exhibits and Beckles Opposition have been
designated as “Confidential” by BNYM under the Protective Order in this case [ECF No. 72], and
BNYM has requested that we file them under seal. As required by Rule 9(B), we will file under
seal unredacted copies of the Redacted Exhibits, Sealed Exhibits and Beckles Opposition. We are
also emailing Chambers unredacted clean copies of the Redacted Exhibits, Sealed Exhibits and
Beckles Opposition as well as copies highlighting the information that has been redacted in
response to BNYM’s request.
The redacted portions of the Redacted Exhibits, Sealed Exhibits and Beckles
Opposition do not contain information concerning Plaintiffs. Plaintiffs do not concede that
materials designated as confidential by BNYM are confidential, or that the redactions are
appropriate.

Respectfully submitted,
/s/ Ryan A. Kane
Ryan A. Kane

Application GRANTED. Plaintiffs may redact portions of Exhibits 7, 11,
14, and 22 to the Declaration of Philip R. Schatz, as well as references
to those exhibits in their briefing, and may file under seal unredacted
copies of those exhibits. Plaintiffs may also file under seal Exhibits 6
and 8 to the Declaration of Philip R. Schatz. The sealed copies shall be
viewable to the Court and parties only.
Dated:

October 19, 2020
New York, New York

SO ORDERED.

HON. KATHERINE POLK FAILLA
UNITED STATES DISTRICT JUDGE