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

MEMO END ORSED FELICIA S. ENNIS \) WML KX PARTNER Sa FON. VALERIE FIGUEREDO DIRECT DIAL: 212-984-7753 UNITED STATES MAGISTRATE JUDGE EmalL: [email protected] Dated: 7/1/25 BURSTEIN, LLP Lexington Avenue As citation to a protective order alone does not York, NY 10022 warrant sealing, Harrington is directed to make a 984-7700 showing under Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 11 (2d Cir. 2006) by August 1, 2025. — June 25, 2025 VIA ECF The Honorable Lorna G. Schofield United States District Judge 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 Schofield: We write on behalf of Plaintiff Harrington Global Opportunity Fund, Limited (“Harrington”) in the above-captioned matter. Pursuant to the Protective Order (ECF No. 111) and Your Honor’s Individual Rules and Procedures for Civil Cases Rule I.D.3, we write to request approval to file under seal Harrington’s letter in response to Defendants jointly filed June 15, 2025 letter [ECF 478] and exhibits 1 and 2 thereto, and publicly file versions with appropriate redactions.

Harrington has attached as exhibits to its letter excerpts of the reply reports of Harrington’s experts Jonathan Brogaard and Robert Shapiro. These reports contain information that has been designated Highly Confidential under the Protective Order. Furthermore, Harrington’s letter refers to the findings of these reports. Pursuant to the Protective Order 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, 4 3.

Thus, Harrington seeks to file under seal its letter and exhibits 1 and 2 which contain excerpts of the expert reports that contain information that has been designated Highly Confidential.

Pursuant to Your Honor’s Individual Rules and Procedures for Civil Cases, Harrington is publicly filing its responsive letter with placeholder exhibits and filing under seal unredacted copies of such exhibits.

Finally, the below Appendix lists the parties and their counsel of record who should have access to the sealed documents. {1797896.1 } Warshaw Burstein, LLP June 25, 2025 Page 2 of 3 Respectfully submitted, WARSHAW BURSTEIN LLP By: /s/ Leron Thumim Alan M. Pollack Felicia S. Ennis Thomas Filardo Leron Thumim Meghan Hallinan Lexington Avenue, 7th Floor New York, New York 10022 Tel.: (212) 984-7700 [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