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

XKC'GEH' October 28, 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, Inc., et al.. No. 1:21-cv-761 Dear Judge Figueredo: We represent Defendants CIBC World Markets, Inc., Merrill Canada, Inc., and BofA Securities, Inc. in the above-referenced matter. Pursuant to the Protective Order (ECF No. 111), and Your Honor’s Individual Practices in Civil Cases Rule I.g, we write to request approval to file Defendants’ letter motion to compel Harrington to produce backup materials for reports by its testifying expert Dr. Jonathan Brogaard and exhibits thereto under seal and publicly file a version with placeholder exhibits.

Defendants have attached as exhibits to their letter motion copies of Dr. Brogaard’s reports, documents that Defendants have 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 No 111.) Thus, Defendants seek to file under seal the letter motion, as well as its exhibits which are copies of documents that Defendants have designated Confidential.

Pursuant to Your Honor’s Individual Practices, Defendants are publicly filing their motion with proposed redactions and electronically filing under seal a copy of the unredacted response with the proposed redactions highlighted.

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

Respectfully submitted, /s/ Abby F. Rudzin /s/ Sandra D, Hauser Abby F. Rudzin Sandra D. Hauser O’MELVENY & MYERS LLP DENTONS US LLP 1301 Avenue of the Americas 1221 Avenue of the Americas New York, NY 10019-6022 New York, NY 10020-1089 Counsel for the Merrill Lynch Defendants Counsel for Defendant CIBC World Markets, Inc. cc: All counsel of record via ECF Appendix Plaintiff Harrington Global Opportunity Fund, Limited WARSHAW BURNSTEIN, LLP MENO END ORSED Alan M. Pollack \\ a \\{ ( Felicia S. Ennis . U SOS —\ SL Thomas Filardo HON. VALERIE FIGUEREDO Leron Thumim UNITED STATES MAGISTRATE JUDGE Matthew A. Marucci Dated: 10/29/24 CHRISTIAN ATTAR Harrington is directed to make a showing under Lu we v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cu James Wes Christian .

2006) by November 19, 2024 in order to □□□□□□□ Ardalan Attar — seal the documents currently filed under □□□□□□□□□□ Defendant CIBC World Markets Inc. (Canada) at ECF No. 400.

DENTONS US LLP Sandra D. Hauser Stephen J. Senderowitz Timothy J. Storino Defendants BofA Securities, Inc. and Merrill Lynch Canada, Inc. O’MELVENY & MYERS LLP Abby F. Rudzin William J. Martin