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

O'Melveny O'Melveny & Myers LLP T: #1 212 326 2000 File Number: 1301 Avenue of the Americas F: +1 212 326 2061 Suite 1700 omm.com New York, NY 10019-6022 Abby F. Rudzin D: +1 212 326 2033 [email protected] October 25, 2024 The Honorable Valerie Figueredo United States District Court, Southern District of New York Pearl Street New York, NY 10007 Re: Harrington Global Opportunity Fund v. BofA Securities, et al., No., 1:21-cv-761 Dear Judge Figueredo: We represent BofA Securities, Inc., and Merrill Lynch Canada, Inc. (collectively, “Merrill”), in the above-referenced matter. Pursuant to the Protective Order (ECF 111), and Your Honor’s Individual Practices in Civil Cases Rule I.g, we write to request approval to file Merrill’s letter motion to compel Harrington to respond to Merrill’s contention interrogatories under seal and publicly file a version with placeholder exhibits.

Merrill has attached as exhibits to its letter motion Harrington’s responses and objections to Merrill’s contention interrogatories, documents that Harrington has designated as Confidential under the Protective Order. The Protective Order provides that all “copies, reproductions, extracts, digests, and complete or partial summaries prepared from any DESIGNATED MATERIALS shall also be considered DESIGNATED MATERIAL and treated as such under this Order.” (ECF 111.) Thus, Merrill seeks to file under seal the letter motion, as well as its exhibits which are copies of documents that Harrington has designated Confidential.

Merrill is publicly filing its letter motion with placeholder exhibits and electronically filing under seal a copy of the letter motion with unredacted exhibits.

The below Appendix lists the parties and their counsel of record who should have access to the sealed document.

MEMO ENDORSED Respectfully, \\ MV SIM UX > ) => /s/ Abby F. Rudzin HON. VALERIE FIGUEREDO UNITED STATES MAGISTRATE JUDGE Abby F. Rudzin Dated: 10/28/24 of O’MELVENY & MYERS LLP rrington 1s directed to make a showing under Lugosch Co. of Onondaga, 435 F.3d 110 (2d Cir. by November 18, 2024 in order to permanently the documents currently filed under provisional seal No. 395.