Garcia De Leon v. New York University

Opinion

DLA Piper LLP (US) 1251 Avenue of the Americas bs 27th Floor ( DLA PIPER USDC SDNY New York, New York 10020-1104 DOCUMENT www.dlapiper.com ELECTRONICALLY FILED Keara M. Gordon | keara.gordon@dlapiper.com DOC #: T 212.335.4632 | ATE FILED: al ge > | F212. 684,6092 □□ May 6, 2022 ky F LIA ROE? rye VIAECF 4 \\" > g\«\ ‘ hen □□ hed@bad dd 52 ov The Honorable Colleen McMahon, U.S.D.J. fe u U yh wh U.S. District Court, Southern District of New York ol? □□ Daniel Patrick Moynihan United States Courthouse 500 Pearl St., Room 2550 jr x wy New York, NY 10007-1312 Re: Garcia De Leon v. New York University, Case No. 1:21-cv-5005-CM \n Request to File Under Seal Related to Motion for Sanctions yw =e A Dear Judge McMahon: fy ar’ ye □□ □□ We represent defendant New York University (“NYU”) in the above referenced matter. Pursuant to Section 6 of the Southern District of New York’s Electronic Case Filing Rules & Instructions, NYU seeks permission to file certain of its exhibits to its Motion for Sanctions under y seal. NYU will also publicly file a redacted version of these documents, with all information that □□ the parties agree is non-confidential unredacted. The reason for this request is that certain of the accompanying thereto contain: (1) the {r plaintiff's personal identifying information contained in NYU’s records; and (2) personal identifying information regarding other NYU students. While NYU recognizes that there is a □ “strong and well-established presumption of public access to judicial documents and proceedings,” the public’s right of access is not absolute. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20, 124 (2d Cir. 2006); see also In re New York Times Co., 828 F.2d 110, 116 (2d Cir. 1987). Both categories of information listed above are appropriate for sealing. Courts have found “clear and compelling reasons to seal” documents that contain certain educational and student personal information protected by the Family Educational Rights and Privacy Act (“FERPA”). See, e.g., Sweeney v. Enfield Bd. of Educ., 2016 WL 4435331, at *10 (D. Conn. Aug. 18, 2016) (sealing documents containing confidential educational information protected by FERPA); Chapman v. Ouellette, 200 F. Supp. 3d 303, 311 (D. Conn. 2016) (same). Disclosure of the confidential information described above would be harmful to the parties by, among other things, causing them to disclose non-public, commercially sensitive, and/or private information.

(.; PIPER The Honorable Colleen McMahon May 6, 2022 Page Two

The plaintiffs counsel consented to the sealing of the same type of information contained in this request when they consented to the motion to seal NYU’s opposition to their motion for class certification. NYU respectfully requests that the Court grant this request to file the above-mentioned documents under seal. Thank you in advance for your consideration. Respectfully submitted, /s/ Keara M. Gordon Keara M. Gordon cc: All Counsel of Record

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