Flynn v. Cable News Network, Inc.

Opinion

. i 1 21st Floor Davis Wrig nt 1251 Avenue of the Americas ij Tremaine LLP New York, NY 10020-1104 Katherine M. Bolger 212-402-4068 tel 212-489-8340 fax katebolger @dwt.com Defendant's letter-motion seeking to se the privilege log at ECF No. 86 (ECF No. : is GRANTED. The document at ECF No. & October 11, 2022 ow, shall remain visible only to the selected VIA ECF parties. Hon. Sarah L. Cave United States Magistrate Judge The Clerk of Court is respectfully directe Southern District of New York to close ECF No. 85. □□□ 500 Pearl Street, Room 1670 Goat New York, NY 10007 SO ORDERED 10/11/22 — tnea □□□□□□ □□□□□□□□□□ Re: Flynn et al v. Cable News Network, No. 1:21-cv-02587 (S.D.N.Y.) — Letter Motion to Seal Document Dear Judge Cave: We represent Defendant Cable News Network (“CNN”) in the above-referenced action. Pursuant to Rule LF of this Court’s Individual Practices and this Court’s October 5, 2022 Order directing the parties to file CNN’s July 15, 2022 privilege log discussed in ECF No. 80 by October 13, 2022 (ECF No. 81), CNN submits this letter motion to request the Court’s permission to file its privilege log under seal. The July 15, 2022 privilege log pertains to 90 documents that have all been designated by CNN as “Confidential” under the parties’ March 15, 2022 Confidentiality Stipulation and Protective Order (ECF No. 60), which allows counsel to designate “any document or information, in whole or in part, as confidential if counsel determines, in good faith, that such designation is necessary to protect the interests of the client in information that is proprietary, personal or otherwise sensitive non-public information, including but not limited to newsgathering materials.” The privilege log has been designated confidential. It reflects CNN’s confidential and privileged attorney-client and newsgathering materials and contains several employees’ work email addresses.! District Courts in this Circuit routinely permit parties to file privilege logs under seal. See, e.g., Broome vy. Int’l Cruise & Excursions Gallery, Inc., No. 18CV4598DLICLP, 2021 WL 7208995, at *5 (E.D.N.Y. Jan. 22, 2021); Coan v. Dunne, No. 3:15-cv-50, 2019 WL 1097491, at *2 (D. Conn. Mar. 9, 2019); Sec. & Exch. Comm’n v. McGinn, No. 10-CV-457 (GLS/DRH), 2011

Although CNN did not include a “Confidential” stamp on the July 15, 2022 privilege log itself, it has designated the privilege log as “Confidential.” Pursuant to Paragraph 9 of the Parties’ Confidentiality Stipulation and Protective Order, if a party designates materials as “Confidential” at any point, “the document or information shall thenceforth be treated as Confidential or Highly Confidential Information subject to all the terms of this Stipulation and Order,” even if not so designated at the time of disclosure. See ECF No. 60. DWT.COM Anchorage | Bellevue | Los Angeles | New York Portland | San Francisco | Seattle | Washington, D.C.

Hon. Sarah L. Cave October 11, 2022 Page 2 WL 13136028, at *6 (N.D.N.Y. Jan. 5, 2011); Curto v. Med. World Commce’ns, Inc., No. 03CV6327 DRH MLO, 2006 WL 1318387, at *2 (E.D.N.Y. May 15, 2006); Mac-Ray Corp. v. Ricotta, No. 03-CV-524S(F), 2004 WL 1368857, at *1 n.2 (W.D.N.Y. June 16, 2004). For these reasons, CNN requests that the Court grant it permission to file its July 15, 2022 privilege log under seal. We thank the Court for its consideration of this matter.

Respectfully submitted, Davis Wright Tremaine LLP

Katherine M. Bolger