Valelly v. Merrill Lynch, Pierce, Fenner & Smith Incorporated

Filing 265

ORDER granting 264 Letter Motion to Seal. Application GRANTED. (Signed by Judge Valerie E. Caproni on 11/26/2024) (tro)

DRAFT

Lara Samet Buchwald
[phone]
[e-mail]

Davis Polk & Wardwell LLP
450 Lexington Avenue
New York, NY 10017
davispolk.com

MEMO ENDORSED

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 11/26/24

November 26, 2024
Honorable Valerie E. Caproni
United States District Judge
Thurgood Marshall United States Courthouse
40 Foley Square
New York, NY 10007
Re:

Sarah Valelly v. Merrill Lynch, Pierce, Fenner & Smith Incorporated, No. 19-cv-07998 (VEC)

Dear Judge Caproni:
Plaintiff Sarah Valelly and Defendant Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill”)
jointly file this letter motion to seal and/or redact confidential information, in accordance with the dates and
procedures identified below, which are intended to supplement Rule 5(B) of the Court’s Individual Practices
in Civil Cases.
Opening papers in support of Merrill’s motion for summary judgment are due on November 27,
2024, opposition papers are due on January 10, 2025, and reply papers are due on January 24, 2025.
(ECF No. 263). These papers will likely be referencing materials that the parties and nonparty Bank of
America, N.A (also represented by defense counsel) designated as confidential or highly confidential under
the governing protective order. Similar to the approach that the parties and the Court took in connection
with the earlier summary judgment briefing (see ECF No. 186), as well as the Daubert, class certification,
and reconsideration briefing (see, e.g., ECF No. 161), in order to minimize the number of court filings and
disputes regarding confidentiality that the Court will need to resolve, and to allow counsel sufficient time to
confer with their clients about proposed redactions, the parties propose as follows:
1) The parties will serve, by email rather than on ECF, their papers by the deadlines reflected
in the Scheduling Order.
2) The parties will meet and confer within four business days after service to discuss the need
to redact or seal any portions of their papers.
3) The party seeking redaction or sealing with respect to papers to be efiled by another party
shall provide the other party proposed public versions of all such papers, with metadata
scrubbed.
4) Within ten business days after service by email reflected above, the parties who had
served the papers by email will file on ECF both the confidential and public versions of the
papers originally served by email, however, with respect to reply papers, the parties will
work collaboratively and in good faith to e-file such papers promptly after the email service
date, in order to expedite the formal submission date of the motion.
5) Contemporaneous with these ECF filings, the parties will file joint letter(s) pursuant to Rule
5(B)(iii) of Your Honor’s Individual Rules reflecting the parties’ respective positions on
whether the material should be sealed or redacted.
The parties thank the Court for its attention to this matter.

DRAFT

Respectfully submitted,
WOLF POPPER LLP

DAVIS POLK & WARDWELL LLP

/s/ Adam J. Blander
Robert C. Finkel
Adam J. Blander
Philip M. Black
845 Third Avenue
New York, New York 10022
Tel.: [phone]

/s/ Lara Samet Buchwald
Paul S. Mishkin
Lara Samet Buchwald
Cristina M. Rincon
450 Lexington Avenue
New York, New York 10017
Tel.: [phone]

Attorneys for the Plaintiff and the
Putative Class

Attorneys for Defendant Merrill Lynch,
Pierce, Fenner & Smith Incorporated and
Non-party Bank of America, N.A.

VIA ECF
cc:

All counsel of record (via ECF)

Application GRANTED.

11/26/24

SO ORDERED.

HON. VALERIE CAPRONI
UNITED STATES DISTRICT JUDGE

November 26, 2024

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