Stocking v. Newmark Knight Frank Valuation & Advisory, LLC

• Court: District Court, S.D. New York
• Decided: January 2, 2025
• Docket: 1:22-cv-07347
• Status: Unknown

Opinion

OBERMAYER @& Stacey L. Pitcher Obermayer Rebmann Maxwell & Hippel LLP Direct Dial: 917.994.2551 60 East 42°° Street | 40th Floor stacey.pitcher@obermayer.com New York, NY 10165 www.obermayer.com M E M O E N DO RS E D December 31, 2024 Newmark's request to file its motion to compel and corresponding VIA ECF exhibits under seal is granted. Honorable Edgardo Ramos SO ORDERED. . United States District Court KO C CU □□ — Southern District of New York IF? AO Foley Square Edgardo Ramos,'U.S.D.J. ysq New York, NY 10007 Dated: January 2, 2025 New York, New York Re: Maria Stocking v. Newmark Knight Frank Valuation & Advisory, LLC Case No. 1:22-cv-07347-ER Dear Judge Ramos: Pursuant to Rule 3Gi) of Your Honor’s Individual Practices, Newmark Knight Frank Valuation & Advisory, LLC (“Newmark”) respectfully submits this letter motion to request that Newmark’s Motion to Compel and its corresponding exhibits (collectively, the “Motion”) in the □□ above captioned matter be filed under seal. The request to seal the Motion is submitted to preserve the confidentiality of Maria Stocking’s (“Plaintiff”) medical treatment and diagnoses as required under the Confidentiality Agreement that was executed by Plaintiffs prior counsel. (See Doc. 100). The Court “may order that a filing be made under seal.” Fed. R. Civ. P. 5.2(d). Courts have granted the sealing of documents relating to a party’s medical information. See J.M. v. United Healthcare Ins., 2023 WL 6542179, *2 (S.D.N.Y. Sept. 29, 2023) (granting motion to seal entire Administrative Record, “which contains highly sensitive personal and medical information...”); Molina v. Brann, 2022 WL 18144068, *7 (S.D.N.Y. Dec. 16, 2022) (the sealing of Plaintiff's medical records “is necessary to protect Plaintiff's privacy interest in his medical information and that the sealing request is narrowly tailored to achieve that result.”); Valentini v. Grp. Health Inc., 2020 WL 7646892, *2 (S.D.N.Y. Dec. 23, 2020) (“plaintiffs’ privacy interests...outweigh the presumption of public access at this time’’). Defendant’s Motion discusses Plaintiff's medical treatment and diagnoses, as do the corresponding exhibits. Exhibit A, Plaintiff's responses to Newmark’s Interrogatories and Requests for Production, contains the names of Plaintiff's medical providers and treatment information. Exhibits B, D, E and F contain correspondence with Plaintiff, which provides the name of Plaintiff's doctor and prior medical diagnoses. Exhibit G is a letter from Plaintiff’s physician discussing Plaintiffs treatment.

Pursuant to the Confidentiality Agreement, “Confidential” is defined as “any Discovery Material containing medical... information... .” (See Doc. 100, {2(a)). The agreement further provides that, if “Confidential” discovery materials are to be included in pleadings or documents filed with or otherwise disclosed to the Court, such papers shall be filed under seal. (See Doc. 100, 413). In an effort to comply with the Confidentiality Agreement and in order to prevent public access to information relating to Plaintiff's medical records, Newmark respectfully requests that this Court seal Newmark’s Motion to Compel and its corresponding exhibits. We thank the Court for its attention to this matter. Very truly yours, faa, Pieron Stacey L. Pitcher

Cc: Maria Stocking (via e-mail)