Hall-Landers v. New York University

Opinion

BURSOR. FISHER

701 Brickell Ave. SARAH N. WESTCOT SUITE 2100 Tel: 305.330.5512 MIAMI, FL 33131 Fax: 305.679.9006 www.bursor.com swestcot@bursor.com October 30, 2024 Plaintiff's request at ECF No. 163 is GRANTED, and the submissions are accepted as filed. Via ECF The Clerk of Court is respectfully directed to close ECF No. 163. The Honorable Sarah L. Cave, U.S.M_J. USS. District Court, SO ORDERED. October 31, 2024 Southern District of New York Daniel Patrick Moynihan Oy Alt i 0 United States Courthouse sete 500 Pearl St. United States Magistrate Judge New York, NY 10007-1312 Re: — Hall-Landers. v. New York University, Case No. 1:20-cv-03250-GBD-SLC Request to File Portions of Reply in Support of Plaintiff’s Motion for Class Certification and Certain Accompanying Documents Under Seal Dear Judge Cave: Pursuant to Rule I(F) of Your Honor’s Individual Rules of Practice, Plaintiff respectfully requests that the Court permit Plaintiff to file material in connection with Plaintiff's Reply Memorandum of Law in Support of Plaintiff's Motion for Class Certification (“Reply”) and the Second Declaration of Sarah N. Westcot in Further Support of Plaintiffs Motion for Class Certification with exhibits (“Second Westcot Declaration”) under seal. Plaintiff will publicly file a redacted version of these documents, with all information that is non-confidential unredacted. The reason for this request is that the Reply and exhibits to the Second Westcot Declaration contain Plaintiff's protected and/or private health information, which must be sealed because Plaintiff has a privacy interest in their health information and because where, as here, Plaintiff's health information is not directly at issue, sealing is appropriate. Valentini v. Grp. Health Inc., 2020 WL 7646892, at *2 (S.D.N.Y. Dec. 23, 2020); Robinson v. De Niro, 2022 WL 2712827, at *2 (S.D.N.Y. July 12, 2022). In its September 19, 2024 Order, this Court found that Plaintiff's protected and/or private health information was properly sealed (ECF No. 150). As such, Plaintiff requests that such information be sealed (Second Westcot Dec., Ex. 1 and certain portions of Reply). Further, NYU has marked the deposition transcript of Martin Dorph and Clay Shirky as confidential. As a result of agreeing to the Protective Order, Plaintiff is compelled to submit this motion to file the materials provisionally under seal. Thus, Plaintiff respectfully requests that the Court permit Plaintiff to electronically file an unredacted version of Plaintiffs Reply and supporting materials under seal, subject to the Court’s discretion to unseal all or some portion of the filings.

DURSURGO FISHER PAGE 2

Absent a ruling on Plaintiff’s request to file under seal here, to comply with the Court’s scheduling in this matter, Plaintiff will file a redacted version of the materials on the public docket and provide the Court and Defendant with unredacted versions separately.

Sincerely,

Sarah N. Westcot