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Case 1:11-cv-00733-WHP Document 170 Filed 10/03/12 Page 1 of 2

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•DOCUMENT
I ELECTRONICALLY FILED

Barrack, Rodos & Bacine DOC #:
A Professional Corporation DATE FILED: ()

1.

Attorneys At Law

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Mark R. Rosen

[email protected]

September 25,2012

Via Hand Delivery

Honorable William H. Pauley, III
United States District Court

for the Southern District ofNew York

SOO Pearl Street
New York, NY 10007-1312

Philadelphia
San Diego
New York
New Jersey


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CIJ,.~MI3ERS OF

WILLIAM H. PAULEY

U.3.D.J.

Re:

Pennsylvania Public School Employees' Retirement System v.

Bank-of America Corp., et al., Civil Action No. ll-cv-00733-WHP


Dear Judge Pauley:

Your Honor has scheduled a pre-motion conference in this matter for October 3,2012 to

consider defendants' request to file motions to dismiss the amended complaint. Pursuant to Your
Honor's Individual Practices, Lead Plaintiff respectfully requests that the Court also consider at
the October 3 conference whether Lead Plaintiff may file an unopposed motionfor limited relief
from the discovery stay imposed by the Private Securities Litigation Reform kct of 1995
("PSLRA") to serve document-preservation subpoenas on certain nonparties requiring them to
preserve relevant documents until the lifting of the discovery stay upon the resolution of all
motions to dismiss. The motion is necessary to mitigate the real risk that nonparties may
otherwise lose or discard evidence that is relevant to Lead Plaintiff's claims against Bank of
America in this litigation. In re Smith Barney Transfer Agent Litig., No. OS Civ. 7S83(WHP),
2012 WL 1438241, *3 (S.D.N.Y. Apri12S, 2012) (citing In re Refco Inc., No. OS crv 8628,
2006 WL 2337212, *5 (S.D.N.Y. Oct. 14, 200S).

Counsel for Bank of America has advised us that they do not oppose our request for

limited relief from the stay of discovery in order to serve document preservation subpoenas on
nonparties. We therefore respectfully request Your Honor's permission to file an uncontested
motion for limited relief from the PSLRA's stay of discovery. Thank you for your consideration
of this request.

Apphc,,1lt)1\ ~~.
SOORDERED:

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WILL~\1 H. PAULEY lIT U.Sj)J.

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Case 1:11-cv-00733-WHP Document 170 Filed 10/03/12 Page 2 of 2

Barrack, Rodos & Badne

Honorable William H. Pauley, III
September 25,2012
Page 2

\::l~

Mark R. Rosen

MRR:rpb

cc:

Jay B. Kasner, Esquire
Christopher P. Malloy, Esquire
Scott D. Musoff, Esquire
(All Via Hand Delivery)