Cole- Hatchard v. Hoehmann

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------x STEPHEN COLE-HATCHARD, : Plaintiff, : : v. : : GEORGE HOEHMANN, as Supervisor for the : Town of Clarkstown, New York, and in his : individual capacity; FRANK BORELLI, as : ORDER Councilman and Deputy Supervisor for the Town : of Clarkstown, New York, and in his individual : 16 CV 5900 (VB) capacity; JOHN J. NOTO, as Councilman for the : Town of Clarkstown, New York, and in his : individual capacity; ADRIENNE D. CAREY, as : Councilwoman for the Town of Clarkstown, New : York, and in her individual capacity; TOWN OF : CLARKSTOWN, NEW YORK; and TOWN : BOARD OF THE TOWN OF CLARKSTOWN, : NEW YORK, : Defendants. : --------------------------------------------------------------x By letter-motion dated May 25, 2021, plaintiff requests the Court seal attachment #8 in docket number 208. (Doc. #209). Paragraph 3.B. of Judge Briccetti’s Individual Practices requires motions or letter-motions for approval of sealed or redacted filings to explain the reasons for seeking to file that information under seal. In his letter-motion, plaintiff provides no reason why attachment #8 should be sealed. It is clear the relevant documents are judicial documents subject to a common law and First Amendment presumption in favor of public access, Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006), and the Court finds plaintiff has failed to show a sufficient basis to justify filing under seal attachment #8 in docket number 208. Accordingly, plaintiff's motion to seal is DENIED WITHOUT PREJUDICE to refiling in accordance with Judge Briccetti’s Individual Rules. The Clerk is directed to terminate the letter-motion. (Doc. #209). Dated: May 25, 2021 White Plains, NY SO ORDERED:

Vincent L. Briccetti United States District Judge