Natasha Athens v. Bank of America — Response to Plaintiff's Request for Immediate Sealing (Document 41)

Summary

A response filed November 16, 2021 as Document 41 by defendants Bank of America, N.A. and Megan Scholz to the plaintiff's Request for Immediate Sealing of Exhibits (Doc. #38) in Natasha Athens d/b/a Favorite Things v. Bank of America and Megan Scholz, Civil Action No. 1:21-cv-00748-SM, in the U.S. District Court for the District of New Hampshire. The defendants state that under Fed. R. Civ. P. 5.2 and the court's notice on personal identifiers they redacted all but the last four digits of the Social Security number and PPP loan numbers and all of the EIN in the exhibits to the Driver declaration. They nevertheless assent to sealing the exhibits. The response asks the court to grant the request only to that extent and is signed /s/ Thomas J. Pappas.

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               Case 1:21-cv-00748-SM Document 41 Filed 11/16/21 Page 1 of 3




                                 UNITED STATES DISTRICT COURT
                                  DISTRICT OF NEW HAMPSHIRE

                                                         )
    NATASHA ATHENS d/b/a Favorite Things,                )
                                                         )
           Plaintiff,                                    )
                                                         )
    v.                                                   )   Civil Action No. 1:21-cv-00748-SM
                                                         )
    BANK OF AMERICA and MEGAN SCHOLZ,                    )
                                                         )
           Defendants.                                   )
                                                         )

      DEFENDANTS BANK OF AMERICA, N.A. AND MEGAN SCHOLZ’S
RESPONSE TO PLAINTIFF’S REQUEST FOR IMMEDIATE SEALING OF EXHIBITS

          NOW COME defendants Bank of America, N.A.1 and Megan Scholz (“Defendants”), by

and through their attorneys, Primmer Piper Eggleston & Cramer PC, and hereby respectfully

responds to Plaintiff’s Request for Immediate Sealing of Exhibits (Doc. #38) as follows:

A.        Plaintiff is Mistaken About Personal Identifiers.

          1.      Pursuant to Fed. R. Civ. P. 5.2, the parties are required to redact certain “personal

identifiers” in pleadings, including social security numbers and financial account numbers.

          2.      The Court’s “Notice About Personal Identifiers and Other Sensitive Information

Filed with the Court,” instructs counsel and parties that documents containing social security and

financial account numbers should include just the last four digits when filing such documents with

the Court.

          3.      In the exhibits filed with the Declaration of George Driver in Support of

Defendants’ Motion to Dismiss, the Defendants redacted Plaintiff’s personal identifiers in

accordance with the Court’s instructions, including all but the last four digits of Plaintiff’s social



1
     Incorrectly named in Plaintiff’s Complaint as “Bank of America.”

                                                     1
             Case 1:21-cv-00748-SM Document 41 Filed 11/16/21 Page 2 of 3




security number; all of the EIN number; all but the last four digits of the SBA PPP loan number;

and all but the last four digits of the Lender PPP loan number.

B.      Assent to Sealing the Exhibits.

        4.      Although Plaintiff’s personal identifiers within the exhibits filed in support of

Defendants’ motion to dismiss were properly redacted, Defendants nevertheless assent to

Plaintiff’s request to seal the exhibits.

        WHEREFORE, Defendants respectfully request that the Court:

        A.      Grant the Motion to the limited extent that the exhibits are placed under seal;

        B.      Deny any other request made or inferred by the Motion; and

        C.      Grant such other relief as the Court deems just.

                                        Respectfully submitted,

                                        BANK OF AMERICA, N.A. and MEGAN SCHOLZ

                                        By their attorneys,

                                        PRIMMER PIPER EGGLESTON & CRAMER PC


 Dated: November 16, 2021 By:            /s/ Thomas J. Pappas
                                        Thomas J. Pappas, Esq., N.H. Bar No. 4111
                                        P.O. Box 3600
                                        Manchester, NH 03105-3600
                                        (603) 626-3300
                                        tpappas@primmer.com




                                                   2
            Case 1:21-cv-00748-SM Document 41 Filed 11/16/21 Page 3 of 3




                            CERTIFICATE OF SERVICE

      I hereby certify that a copy of the foregoing DEFENDANTS BANK OF AMERICA, N.A.
AND MEGAN SCHOLZ’S RESPONSE TO PLAINTIFF’S REQUEST FOR IMMEDIATE
SEALING OF EXHIBITS has this day been forwarded via the Court’s Electronic Case Filing
System to:
Natasha Athens
Natasha4NHGov@protonmail.com


Dated: November 16, 2021    By: /s/ Thomas J. Pappas
                                Thomas J. Pappas, Esq., (N.H. Bar No. 4111)




                                            3
5068019.1


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