Baker v. MTA Bus Company

Opinion

CRAVATH Alejandro Carvajal acarvajal @cravath.com +1-212-474-1109 New York November 8, 2024 Baker v. MTA Bus Co., et al., Case No. 18-cv-12231 (TMR) Dear Judge Reif: We write on behalf of Plaintiff Nedgra Baker (“Plaintiff or “Mr. Baker”). Pursuant to Federal Rule of Civil Procedure 5.2(d), Rule 5.B of Your Honor’s Individual Rules of Practice and Rules 6 and 21 of the Southern District of New York’s ECF Rules & Instructions, Mr. Baker respectfully requests that his damages submission be filed with redactions and that certain exhibits be filed under seal. Mr. Baker requests to redact portions of his damages submission and file Exhibits D through N and Exhibits Q through R under seal because they contain sensitive personal information, including Mr. Baker’s social security number, sensitive employment history and medical records. Mr. Baker also requests that Exhibit 1 to Defendants’ letter be filed under seal. Rule 5.B and ECF Rule 21.4 specifically identify the categories of information that Mr. Baker requests to redact and seal as personal sensitive information that litigants may file under seal without prior court approval. Specifically, the damages submission, Exhibits D through N and Exhibit R to Mr. Baker’s letter and Exhibit 1 to Defendants’ letter contain sensitive information regarding Mr. Baker’s “employment history”. (See ECF Rule No. 21.4.). Exhibit Q is a “medical record, treatment, and diagnosis”. (See id.) These records are precisely the types of materials courts routinely seal. “[T]ermination and disciplinary records . . . [and] medical records . . . often implicate privacy concerns and have the potential to embarrass the subject employee if [public].” Duling v. Gristede’s Operating Corp., 266 F.R.D. 66, 74 (S.D.N.Y. 2010); see also In re Gen. Motors LLC Ignition Switch Litig., 2015 WL 2130904, at *2 n.3 (S.D.N.Y. May 6, 2015) (filings that included plaintiffs “medical information and employment history” filed under seal because “a party may redact such information without prior Court approval”); United States v. Pirk, 2018 WL 3118279, at *2 (W.D.N.Y. June 25, 2018) (filings containing information regarding party’s employment history filed under seal). As in those cases, the information contained in the damages submission and exhibits have the acute potential to embarrass Mr. Baker and otherwise cause him harm, for example when applying to other jobs. On the other hand, there is little or no value to the public in being able to view the narrowly selected, most sensitive specifics of Mr. Baker’s employment and medical records. The request is limited in scope and does not impair the public’s access to the substantive arguments

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in Mr. Baker’s letter submission. Additionally, this Court has previously allowed similar information to remain under seal. (See Dkts. 90, 96.) Defendants have advised that they have no objection with respect to Mr. Baker’s request.

Respectfully submitted,

CRAVATH, SWAINE & MOORE LLP BY: /s/ Alejandro Carvajal Alejandro Carvajal Andrew Connery Worldwide Plaza 825 Eighth Avenue New York, NY 10019 acarvajal@cravath.com aconnery@cravath.com

The Honorable Timothy M. Reif Court of International Trade 1 Federal Plaza New York, NY 10278 VIA E-Mail GRANTED. The court grants plaintiff's motion to redact portions of plaintiff's damages submission ar Copy to: file Exhibits D through N and Exhibits Q through R under seal. The court also grants plaintiffs motion Helene Hechtkopf have Exhibit 1 to defendants’ letter filed under seal. Connor Shea The Clerk of the Court is directed respectfully to clo Hoguet Newman Regal & Kenney, LLP the open motion at ECF No. 128. 60 East 42nd Street, 48th Floor New York, NY 10165 SO ORDERED DATE November 14, 202 VIA E-Mail / snot Kaige TIMOTHY M. REIF, JUDGE, UNITED STATES COURT OF INTERNATIONAL TRADE SITTING BY DESIGNATION UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK