Latimer v. Royce

S.D. New York

Latimer v. Royce

DecidedApril 27, 2023

Docket7:21-cv-01275

StatusUnknown

This text of Latimer v. Royce (Latimer v. Royce) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Latimer v. Royce, (S.D.N.Y. 2023).

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tia QS Geaecn APPLICATION GRANTED: i SPM I" ( Defendants’ letter-motion to seal Exhibit | of the Declaration of George SOW ALAA! CORES P P. Burns, Jr., which is plaintiffs ambulatory health record, is gh PoE GRANTED. The unredacted version of Exhibit | shall remain restricted ELIT Ald to court users and parties. (Doc. #75-1). Defendants shall also provide eee ae an unredacted copy of Exhibit | to plaintiff. OFFI Chambers will mail a copy of this Order to plaintiff at the address LETITIA JAMES provided in the motion. ATTORNEY GENERAL 2, {The Clerk is directed to terminate the letter- motion. (Doc. #73). Coie aie Gi lax ‘cd Vs . Chambess-of Vincent 1. Briecef® SO ORDERED:

Ltr Vu Ie Hon. Vincent L. Briccetti, U.S.D.J. U.S. District Court, S.D.N.Y. Vincent L. Briccetti, U.S.D.J. 300 Quarropas Street, Room 630 April 27, 2023 White Plains, New York 10601 Re: = Latimer v. Annucci, No. 21-CV-01275 (VB) Request to File an Exhibit Under Seal Dear Judge Briccetti: I write, in accordance with Rule 3.B of this Court’s Infividual Practices and Section 6 of the Electronic Case Filings Rules and Instructions (“ECF Rules”), to request that a particular document in support of Defendants’ motion for summary judgment bé filed under seal. Defendants’ pending motion relies upon an excetpt from Plaintiff's ambulatory health record. Defendants believe that this document—attached as Kxhibit I to the Declaration of George P. Burns, Jr. in Support of Defendants’ Summary Judgment/Motion—is sensitive and should be filed under seal, See Offor v. Mercy Med Ctr., 167 F. Supp. 3d 414, 445 (E.D.N.Y. 2016) (“Courts in this Circuit have repeatedly held that information protected by HIPAA is not subject to a First Amendment or common-law right of access and thus have sealed docket entries and redacted documents that contain such information.”); (see also ECF Rules § 21.4 (listing medical records among documents with which “[c]aution should be exercised when filing”)). Defendants request, therefore, permission to file Exhibit I under seal. Respectfully,

George P. Burns, Jr. Assistant Attorney General (914) 422-8765 George.Burns@ag.ny.gov cc! Plaintiff, pro se (via First Class Mail)

44 SOUTH BROADWAY, WHITE PLAINS, NY 10601 @ PHONE (914) 422-8755 @ FAx (914) 422-8706 @ WWW.AG.NY.GOV

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tia QS Geaecn APPLICATION GRANTED: i SPM I" ( Defendants’ letter-motion to seal Exhibit | of the Declaration of George SOW ALAA! CORES P P. Burns, Jr., which is plaintiffs ambulatory health record, is gh PoE GRANTED. The unredacted version of Exhibit | shall remain restricted ELIT Ald to court users and parties. (Doc. #75-1). Defendants shall also provide eee ae an unredacted copy of Exhibit | to plaintiff. OFFI Chambers will mail a copy of this Order to plaintiff at the address LETITIA JAMES provided in the motion. ATTORNEY GENERAL 2, {The Clerk is directed to terminate the letter- motion. (Doc. #73). Coie aie Gi lax ‘cd Vs . Chambess-of Vincent 1. Briecef® SO ORDERED:

Ltr Vu Ie Hon. Vincent L. Briccetti, U.S.D.J. U.S. District Court, S.D.N.Y. Vincent L. Briccetti, U.S.D.J. 300 Quarropas Street, Room 630 April 27, 2023 White Plains, New York 10601 Re: = Latimer v. Annucci, No. 21-CV-01275 (VB) Request to File an Exhibit Under Seal Dear Judge Briccetti: I write, in accordance with Rule 3.B of this Court’s Infividual Practices and Section 6 of the Electronic Case Filings Rules and Instructions (“ECF Rules”), to request that a particular document in support of Defendants’ motion for summary judgment bé filed under seal. Defendants’ pending motion relies upon an excetpt from Plaintiff's ambulatory health record. Defendants believe that this document—attached as Kxhibit I to the Declaration of George P. Burns, Jr. in Support of Defendants’ Summary Judgment/Motion—is sensitive and should be filed under seal, See Offor v. Mercy Med Ctr., 167 F. Supp. 3d 414, 445 (E.D.N.Y. 2016) (“Courts in this Circuit have repeatedly held that information protected by HIPAA is not subject to a First Amendment or common-law right of access and thus have sealed docket entries and redacted documents that contain such information.”); (see also ECF Rules § 21.4 (listing medical records among documents with which “[c]aution should be exercised when filing”)). Defendants request, therefore, permission to file Exhibit I under seal. Respectfully,

George P. Burns, Jr. Assistant Attorney General (914) 422-8765 George.Burns@ag.ny.gov cc! Plaintiff, pro se (via First Class Mail)

44 SOUTH BROADWAY, WHITE PLAINS, NY 10601 @ PHONE (914) 422-8755 @ FAx (914) 422-8706 @ WWW.AG.NY.GOV

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