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Case 1:11-cv-00733-WHP Document 128 Filed 02/09/12 Page 1 of 1

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Mark R. Rosen
[email protected]

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Barrack. Rodos & Bacine
A Professional Corporation

Attorneys At Law
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l've'IL..:':

Via Federal Express
Hon. William H. Pauley, III

United States District Court


for the Southern District of New York

500 Pearl Street
New York, NY 10007-1312

Re:

Pennsylvania Public School Employees'
Retirement System v. Bank of America Corp., et a1.
Civil Action No. ll-cv-9Q!B::.WHP

733

Dear Judge Pauley:

We are the counsel to the court-appointed lead plaintiff in the above-captioned matter and

write to the Court concerning the lead plaintiffs response to defendants' motions to dismiss. As
Your Honor is no doubt aware, defendants filed four separate legal memoranda totaling 83 pages
in support of their motions to dismiss. Rather than file four separate legal memoranda
responding to each motion, lead plaintiff proposes to file two separate legal memoranda, one
addressing the challenges to the claims in the consolidated complaint under the Securities Act of
1933, and the other addressing the challenges to the claims under the Securities Exchange Act of
1934, so that the lead plaintiffs arguments may be organized in the most coherent fashion. We
would, of course, prepare these memoranda to avoid any unnecessary repetition of arguments.
Lead, plaintiff requests leave of Court to use up to a total of 80 pages, divided between the two
.memoranda, for this purpose. We have conferred with defense counsel and they have no
objection to this request.

If this is acceptable to Your Honor, please enter the attached proposed order. Of course,

the parties will make themselves available for a conference with the Court if desired on this
request.

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Mark R. Rosen

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Enclosure

cc:

Jay B. Kasner, Esq. wlencl. (via FedEx)
Michael G. Bongiorno, Esq. wlencl. (via FedEx)
Lawrence Portnoy, Esq. w/enel. (via FedEx)
James J. Capra, Jr., Esq. wlencl. (via FedEx)

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