Memorandum — Marshall v. Prestamos CDFI, LLC (Dkt. 156-1, E.D. Pa. No. 5:21-cv-04337)

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U.S. District Court for the Eastern District of Pennsylvania · No. 5:21-cv-04337-JMG · Doc. 156-1 · 2025-05-07 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT  
FOR THE EASTERN DISTRICT OF PENNSYLVANIA 
 
ALICIA MARSHALL, et al.,  
 
Plaintiffs, 
 
v. 
 
PRESTAMOS CDFI, LLC, 
 
 
Defendant. 
 
 
 
 
 
 
Case No. 5:21-cv-04337-JMG 
 
 
 
 
 
DEFENDANT PRESTAMOS CDFI, LLC’S MEMORANDUM OF LAW IN SUPPORT 
OF MOTION FOR LEAVE TO FILE APPENDIX IN SUPPORT OF MOTION FOR 
SUMMARY JUDGMENT UNDER SEAL 
Prestamos CDFI, LLC (“Prestamos”), through its undersigned counsel, respectfully 
submits this Memorandum of Law in Support of its Motion for Leave to File its Appendix in 
Support of its Motion for Summary Judgment under Seal (the “Motion for Leave to File under 
Seal”).   
I. 
BACKGROUND 
On January 18, 2022, the Court granted Prestamos’s and Plaintiffs’ Joint Motion for 
Entry of Confidentiality Agreement and Protective Order (the “Protective Order”).  Dkt. 20 
(entering Protective Order).  The Protective Order, inter alia, recognized that certain discovery 
material would contain Confidential or Highly Confidential information, defined the types of 
information that would constitute Confidential or Highly Confidential information, and provided 
appropriate protections against the public disclosure of such Confidential or Highly Confidential 
information.  See Dkt. 19-2.  
 Prestamos’s  Motion for Summary Judgment (the “Motion”), which is being filed 
concurrently herewith, identifies and explains the reasons why the Court should grant judgment 
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in Prestamos’s favor as a matter of law, and dismiss Count One of the Third Amended 
Complaint.  Prestamos’s Motion is supported by an Appendix (the “Appendix”) providing 
factual support for the legal arguments set forth in Prestamos’s Motion.  The Appendix contains 
certain documents and information that have been designated as Confidential and/or Highly 
Confidential, or that otherwise contain sensitive, personal information pertaining to the named 
plaintiffs.  These documents and information include tax documents, bank records, and other 
sensitive personal financial information, as well as deposition testimony and expert reports 
concerning the same.   
II. 
ARGUMENT 
The Court should grant Prestamos’s Motion for Leave to File under Seal because good 
cause exists to prevent disclosure of the confidential documents and information contained in the 
Appendix to the public. 
Local Civil Rule 5.1.5 provides that a document in a civil action may be filed under seal 
if “the Court orders the document sealed.”  Documents may be filed under seal where “good 
cause” is shown.  Glenmede Trust Co. v. Thompson, 56 F.3d 476, 483 (3d Cir. 1995); Pansy v. 
Borough of Stroudsburg, 23 F.3d 772, 784 (3d Cir. 1994).  The Court of Appeals for the Third 
Circuit:  
set[s] forth various factors – which are neither mandatory nor exhaustive – that 
courts may consider when determining whether good cause exists and, by extension 
whether a protective order should issue (1) whether disclosure will violate any 
privacy interests; (2) whether the information is being sought for a legitimate 
purpose or an improper purpose; (3) whether disclosure of the information will 
cause a party embarrassment; (4) whether confidentiality is being sought over 
information important to public health and safety; (5) whether the sharing of 
information among litigants will promote fairness and efficiency; (6) whether a 
party benefitting from the order of confidentiality is a public entity or official; and 
(7) whether the case involves issues important to the public.  
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In re Avandia Mktg., 924 F.3d 662, 671-72 (3d 2019) (citing Glenmede Trust Co., 56 F.3d at 
483).  The Court’s Policies and Procedures Section I.D. refers to and incorporates these same 
requirements and standards.   
Application of these factors to this case demonstrates that good cause exists for filing the 
unredacted version of the Appendix under seal.  The Appendix contains or otherwise references 
documents and information that has been designated as Confidential or Highly Confidential 
under the Protective Order.  Public disclosure of tax documents, bank records, and other 
sensitive personal financial information that was provided in the regular course of business under 
an expectation of privacy, or that was produced in this action under the confidentiality 
protectives of the Protective Order, would violate the privacy interests of the individuals and 
entities referenced therein and has the potential to cause embarrassment.  None of these 
documents or information concerns public health or safety.  None of the parties benefitting from 
confidential treatment of these documents and information is a public entity or official.  And, 
although the case involves issues important to the public, the public has no interest in the 
sensitive personal information for which confidential treatment is being sought. 
Nearly all the information contained in tax documents and bank records that will be 
redacted is highly confidential and protectable from public disclosure, rendering the documents 
unreadable in redacted form.   
III. 
CONCLUSION 
For the reasons set forth above, Prestamos respectfully requests that the Court grant its 
Motion for Leave to File under Seal and allow Prestamos to file the unredacted version of the 
Appendix under seal. 
 
 
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Dated: May 7, 2025 
Respectfully submitted, 
BALLARD SPAHR LLP 
By: /s/ Marcel S. Pratt 
Marcel S. Pratt (Pa. ID 307483) 
Edward D. Rogers (Pa. ID 69337) 
Thomas J. Gallagher IV (Pa. ID 316269) 
J. Chesley Burruss (Pa. ID 331521) 
Travis W. Watson (Pa. ID 330753) 
1735 Market Street, 51st Floor 
Philadelphia, PA  19103 
T: 215-665-8500 
prattm@ballardspahr.com 
rogerse@ballardspahr.com 
gallaghert@ballardspahr.com  
burrussc@ballardspahr.com 
watsontw@ballardspahr.com 
 
 
 
 
 
 
Counsel for Defendants 
 
HERRERA ARELLANO LLP 
Roy Herrera (admitted pro hac vice) 
Daniel A. Arellano (admitted pro hac vice) 
Jillian Andrews (admitted pro hac vice) 
Austin T. Marshall (admitted pro hac vice) 
Jane Ahern (admitted pro hac vice) 
1001 North Central Avenue, Suite 404 
Phoenix, AZ  85004 
T: 602-567-4820 
Roy@ha-firm.com 
Daniel@ha-firm.com 
Jillian@ha-firm.com 
Austin@ha-firm.com 
Jane@ha-firm.com 
 
Beatriz Aguirre (admitted pro hac vice) 
600 Pennsylvania Avenue, Suite 300 
Washington, DC 20003 
T: 202-798-6488 
Beatriz@ha-firm.com 
 
 
 
 
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