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Mackenzie Hughes LLP
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Service | Filed: May 13, 2024 | Entered: May 13, 2024 Fallon et al v. Greater Syracuse Moving & Storage Co., Inc. et al
Other Statutory Actions | New York Northern
Certificate of Service
CERTIFICATE OF SERVICE by North American Van Lines, Inc. re 3 G.O. 25 Filing Order, (Wescoe, James)
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Order | Filed: May 13, 2024 | Entered: May 13, 2024 Beauchine v. City of Syracuse, New York et al
Civil Rights: Jobs | New York Northern
Order on Letter Request Order on Motion for Leave to File
TEXT ORDER: The Court has reviewed Defendants' 76 motion to seal summary judgment exhibits containing Plaintiff's sensitive medical information, (Dkt. No. 76-1 ("Sealed Exhibit Number 1"); Dkt. No. 76-2 ("Sealed Exhibit Number 2")); and Plaintiff's 88 motion to seal an Exhibit 38, (Dkt. No. 84-40), containing a non-partys "sensitive employment history." "[D]ocuments submitted to a court for its consideration in a summary judgment motion are -as a matter of law-judicial documents to which a strong presumption of access attaches, under both the common law and the First Amendment." Lugosch v. Pyramid Co. of Onondaga Cnty., 435 F.3d 110, 121 (2d Cir. 2006). While a party's privacy interest in medical records may weigh against the presumption of public access, Dabiri v. Fed'n of States Med. Boards of the U.S., Inc., No. 08-cv-4718, 2023 WL 3741978, at *3 (E.D.N.Y. May 31, 2023), because Defendants seek to seal the exhibits in their entirety and have not addressed whether redactions are possible, or addressed the fact that at least some of the of the information they seek to seal is already publicly available, (compare, e.g., Sealed Exh. 1, at 2; with Dkt. No. 84-21, at 3), the Court has no basis on which to evaluate whether the proposed sealing "is narrowly tailored to serve" those interests. Lugosch, 435 F.3d at 120 (quotation omitted). However, in lieu of filing these exhibits under seal, the parties may, by June 3, 2024, elect to re-file them as restricted medical records on ECF. If neither party takes any action with respect to (Dkt. No. 76-1 "Sealed Exhibit Number 1," (Dkt. No. 76-1), or "Sealed Exhibit Number 2," (Dkt. No. 76-2), by June 3, 2024, the Clerk is directed to file the exhibits publicly without further order. Accordingly, Defendants' 76 motion to seal is DENIED without prejudice to renew but the documents may be filed as a restricted medical record on ecf. If Defendants choose to file a motion to renew, the motion must be filed by June 3, 2024. As noted, the Court has also reviewed Plaintiff's 88 motion to seal a non-party's sensitive employment information. As it is well-settled that a third-party's privacy interests may weigh against the presumption of public access, United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995), and as it appears that wholesale sealing of Exhibit 38, (Dkt. No. 84-40), is necessary to protect the non-party's privacy interests in disclosure, Plaintiff's 88 motion to seal is GRANTED. SO ORDERED by Chief Judge Brenda K. Sannes on 5/13/2024. (nmk)
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Answer | Filed: May 08, 2024 | Entered: May 08, 2024 Fallon et al v. Greater Syracuse Moving & Storage Co., Inc. et al
Other Statutory Actions | New York Northern
Answer to Complaint Crossclaim
ANSWER to Complaint with Affirmative Defenses and, CROSSCLAIM against Greater Syracuse Moving & Storage Co., Inc. by North American Van Lines, Inc..(Wescoe, James)
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