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Case 1:11-cv-00733-WHP Document 251 Filed 01/24/14 Page 1 of 2

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January 24, 2014

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BOSTON
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HOUSTON

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WA.SHINGTON. D.C.

WILMINGTON

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BRUSSELS
FRANKFURT
HONG KONG

LONDON
MOSCOW
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SAO PAULO
SHANGHAI
SINGAPORE

SYDNEY
TOKYO

TORONTO

VIENNA

BY ECF AND HAND DELIVERY
The Honorable William H. Pauley, III
United States District Court Judge
Southern District of New York
500 Pearl Street
New York, NY 10007

RE:

Pennsylvania Public School Employees' Retirement
System v. Bank of America Corp. et aI.,
II-CV-733-WHP (SDNY)

Dear Judge Pauley:

On behalf of Defendant Bank of America Corporation ("BAC"), we respectfully write

pursuant to Rule I.D of this Court's Individual Rules of Practice to seek a brief extension of
the deadline for substantial completion of the document discovery to February 28, 2014,
from January 31, 2014. PlaintitTPennsylvania Public School Employees' Retirement System
("PSERS ") consents to the relief sought here.

The parties recently resolved a good-faith dispute about the appropriate date range for
the review and production of electronically stored information ("ESI") that will require BAC
to review nearly 200,000 additional documents. Over the course of several months, counsel
for BAC and PSERS met and conferred in good faith a number of times to reach
accommodation on the scope of the ESI review and production in this case. The parties
resolved many issues between them without seeking the Court's intervention. Recently, these
discussions resolved the remaining impasse on the scope of the ESI review and production in
this case. The agreed-upon date range requires BAC to review a significant volume of
documents that it had not anticipated having to review before the existing deadline for
substantial completion of document production. Based on the volume of documents, the
available resources, and the relevant logistics necessary to complete a review and production

Case 1:11-cv-00733-WHP Document 251 Filed 01/24/14 Page 2 of 2

of this magnitude, we respectfully submit that a brief extension of the deadline for substantial
completion is required. (This is the second request for an extension of the discovery deadline
that that parties have requested. The prior request was granted.) At this time, we do not
anticipate seeking any further extension of the document discovery period.

Accordingly, we respectfully requests that the Court extend the deadline for

substantial completion of the parties' document discov

to February 28, 2014.

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. Musoff

cc: Counsel for Individual Defendants (by email)

Counsel for Plaintiff (by email)