Case 1:15-cv-00293-LTS-RWL Document 162 Filed 04/12/17 Page 1 of 3

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

-------------------------------------- x
MORTGAGE RESOLUTION SERVICES, LLC, 1ST :
FIDELITY LOAN SERVICING, LLC, and S & A :
CAPITAL PARTNERS, INC., :
:
Plaintiffs, :
: No. 15 CV 293-LTS-JCF
-against- :
:
JPMORGAN CHASE BANK, N.A., CHASE HOME :
FINANCE LLC, and JPMORGAN CHASE & CO., :
:
Defendants. :
----------------------------------- x

MOTION FOR LEAVE TO FILE UNDER SEAL

Plaintiffs S&A Capital Partners, Inc. (‘S&A”), Mortgage Resolution Services, LLC

(“MRS”), and 1st Fidelity Loan Servicing, LLC (“1st Fidelity”) (collectively, “Plaintiffs”),

respectfully requests leave from the Court to file under seal the following documents as exhibits

to a forthcoming Motion Challenging the Designation of the Transcript of Erika Lance as

“Confidential” or “Attorneys’ Eyes Only”:

1) Deposition of Bryan Bly conducted on March 21, 2017, designated as “as

“Confidential” and “Attorneys’ Eyes Only”;

2) Deposition of Erika Lance conducted on March 21, 2017, designated as “as

“Confidential” and “Attorneys’ Eyes Only”;

Plaintiffs request that these documents be filed under seal for the following reasons:
 Case 1:15-cv-00293-LTS-RWL Document 162 Filed 04/12/17 Page 2 of 3

1. The Court entered a Protective Order (DE 127) enabling parties and non-parties to

this litigation to designate deposition testimony as “Confidential or Attorneys' Eyes Only either

on the record during the deposition or within thirty (30) days of receipt of the transcript. Until

such time period expires without designation having been made, the entire deposition transcript

shall be treated as Attorneys' Eyes Only Discovery Material unless otherwise specified in writing

or on the record of the deposition by the disclosing person. If the disclosing person designates

deposition testimony as Confidential or Attorneys' Eyes Only, the final transcript of the

designated testimony shall be bound in a separate volume and marked "Confidential

Information Governed by Protective Order" or "Attorneys' Eyes Only Information Governed by

Protective Order" by the reporter.”

2. Depositions of Bryan Bly and Erika Lance were conducted on March 21, 2017.

During the deposition, counsel for Bryan Bly and Erika Lance, designated their testimony as

Confidential and Attorneys' Eyes Only making public disclosure of such testimony a via filing on

CM/ECF unauthorized.

3. During the deposition of Erika Lance, and in a subsequent telephone conference

with The Honorable James Francis IV on April 11, 2017, Plaintiffs objected to the designation of

Ms. Lance’s testimony as Confidential and Attorneys' Eyes Only.

4. During the telephone conference with The Honorable James Francis IV on April

11, 2017, Plaintiffs notified the Court of its intention to file an objection to the designation of Ms.

Lance’s testimony as Confidential and Attorneys' Eyes Only. The Court determined that Plaintiffs

must file a Motion by April 14, 2017 outlining the basis for its objection.
 Case 1:15-cv-00293-LTS-RWL Document 162 Filed 04/12/17 Page 3 of 3

Based on the foregoing, Plaintiffs respectfully requests that the Court grant this Motion for

Leave to File Under Seal. A proposed order granting this motion is submitted herewith.

Dated: New York, New York. Respectfully submitted,

April 11, 2017 By: /s/ Brent Tantillo
Brent Tantillo
Tantillo Law PLLC
100 Church Street
8th Floor
New York, NY 10007
786.506.2991

Attorney for Plaintiffs

cc: All Attorneys of record via CM/ECF

Chris Barker, Esq.
The Hon. Laura Swain
The Hon. James C. Francis IV
 Case 1:15-cv-00293-LTS-RWL Document 162-1 Filed 04/12/17 Page 1 of 1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
-------------------------------- x
S & A CAPITAL PARTNERS, INC., :
MORTGAGE RESOLUTION SERVICING, :
LLC, and 1ST FIDELITY LOAN :
SERVICING, LLC, : No. 15-cv-00293-LTS-JCF
Plaintiffs, :
:
- v. - :
:
JPMORGAN CHASE BANK, N.A., :
JPMORGAN CHASE & CO., and CHASE :
HOME FINANCE LLC, :
:
Defendants. :
-------------------------------- x

ORDER TO SEAL
Upon consideration of the Plaintiff’s Motion to Seal, it is ORDERED that the motion is

hereby GRANTED, and the following documents may be sealed for the purpose of filing a

Motion Challenging Confidentiality Designations:

1) Deposition of Bryan Bly conducted on March 21, 2017, designated as “as

“Confidential” and “Attorneys’ Eyes Only”;

2) Deposition of Erika Lance conducted on March 21, 2017, designated as “as

“Confidential” and “Attorneys’ Eyes Only”;

SIGNED at New York, New York this day of April ___, 2017.

____________________________________
HONORABLE JAMES C. FRANCIS IV
UNITED STATES MAGISTRATE JUDGE