Lester v. City of New York

Opinion

DOCUMENT ELECTRONICALLY FILEI UNITED STATES DISTRICT COURT DOC #: nner nner DATE FILED:_4/29/2022__ NICHOLAS LESTER, ORDER TO UNSEAL Plaintiffs, CRIMINAL RECORDS

THE CITY OF NEW YORK, JARVIS ONABANJO, WILSON LEMA, DANIEL GALLAGHER, DANIEL MEBLIN, VINORD ANDREW, LUIGI TIRRO, and BRYAN WILSON, Defendants. --------- ee ee ee ee ee ee eX

UPON THE JOINT APPLICATION of the parties for the unsealing of records pertaining to the May 30, 2020 arrests of any witnesses listed in Civilian Complaint Review Board investigations bearing file numbers 2020-06126 and 2020-04096, which, upon information and belief, are sealed and protected from disclosure by New York Criminal Procedural Law §§ 160.50 and/or 160.55; WHEREAS the information sought is material and relevant to the above-captioned civil action currently pending in the Southern District of New York, brought by Plaintiff and being defended by the Office of Corporation Counsel; and WHEREAS the Court has the inherent authority to unseal these records in connection with this action, see Schomburg v. Bologna, 298 F.R.D. 138, 141 (S.D.N.Y. 2014) (“Federal courts canand commonly do order production ofdocuments sealedunder Section 160.50”); IT IS HEREBY ORDEREDthat therecords pertaining to the May 30, 2020 arrests of any witnesses listed in Civilian Complaint Review Board investigations 2020-06126 and 2020- 04096 are unsealed pursuant to New York Criminal Procedure Law §§ 160.50 and 160.55 and

may be made available for use in this civil action; IT IS FURTHER ORDERED that the aforementioned records shall be deemed confidential and used only for the purposes of prosecuting and defending Plaintiff’s claims in this civil suit.

SO ORDERED.

Dated: April 29, 2022 New York, New York

HON. ROBERT W. LEHRBURGER UNITED STATES MAGISTRATE JUDGE