Harrington Global Opportunity Fund, Limited v. BofA Securities, Inc.

NA □□ HON. VALERIE’ FIGUEREDO FELICIA ENNIS STEENAL UNITED STATES MAGISTRATE JUDGE PARTNER DATED: USS September 6, 2024 DIRECT DIAL: 212-984-7753 The temporary seal requested herein is granted. The EMAIL: [email protected] Clerk of Court is directed to maintain the viewing □ BuRSTEIN, LLP | restrictions on ECF No. 344 until September 20, Lexington Avenue 2024. If CIBC desires to seal that information York. NY 10022 permanently, it should submit by September 19, > 2024, a letter explaining the grounds that support ee sealing, consistent with Lugosch v. Pyramid Co. of .

Onondaga, 435 F. 3d 110 (2dCir. 2006). The Clerk of Court is respectfully directed to terminate the motion at ECF No. 343. September 4, 2024 VIA ECF The Honorable Valerie Figueredo United States Magistrate Judge United States District Court for the Southern District of New York Pearl Street, New York, NY 10007 Re: Harrington Global Opportunity Fund, Ltd. v. BofA Securities, Inc., No. 21-CV-761 Dear Judge Figueredo: We write on behalf of Plaintiff Harrington Global Opportunity Fund, Limited (“Harrington”) in the above-captioned matter. Pursuant to the Protective Order in this action (ECF No. 111), we write to request approval to file under seal, and with public redactions, Harrington’s letter-motion to compel compliance with a subpoena served on a nonparty whose identity CIBC has designated as Confidential Discovery under the Protective Order.

The Protective Order provides that the parties “may designate as confidential for protection under this Protective Order, in whole or in part, any document, information, or material that constitutes or includes, in whole or in part, confidential or proprietary information or trade secrets of the Party or a Third Party to whom the Party reasonably and in good faith believes it owes an obligation of confidentiality with respect to such document, information, or material.” CIBC has designated the identity of the subpoenaed nonparty as Confidential Discovery, and Harrington therefore seeks to file its letter-motion under seal and with references to this nonparty’s identity publicly redacted.

Pursuant to Your Honor’s Individual Practices in Civil Cases, Harrington will file its letter- motion with proposed redactions and electronically file under seal a copy of the unredacted letter.

Finally, the below Appendix lists the parties and their counsel of record who should have access to the sealed documents. {1718256.1 } Warshaw Burstein, LLP September 4, 2024 Page 2 of 3 Respectfully submitted, WARSHAW BURSTEIN LLP By: /s/ Felicia Ennis Alan M. Pollack Felicia S. Ennis Thomas Filardo Leron Thumim Meghan Hallinan Matthew A. Marcucci Lexington Avenue, 7th Floor New York, New York 10022 Tel.: (212) 984-7700 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] CHRISTIAN ATTAR James Wes Christian Ardalan Attar 2302 Fannin, Suite 205 Houston, Texas 77002 Tel.: (713) 659-7617 [email protected] [email protected] cc: All counsel via ECF (by electronic mail to )