Mercer v. VIACOMCBS/PARAMOUNT

KAUFF McGUIRE MARGOLIS LLP THIRD AVENUE ® FOURTEENTH FLOOR New York, NY 10022 Mariorie B. KULAK eee 213) 6141936. New York Direct DIAL: (212) 909-0721 Los ANGELES Direct Fax: (212) 909-3521 [email protected] WWW.KMM.COM September 2, 2023 VIA ECF Hon. Lorna G. Schofield, U.S.D.J.

United States District Court, Southern District of New York Pearl Street New York, New York 10007 Re: Mercer v. ViacomCBS/Paramount Index No. 1:22-cv-06322-LGS Dear Judge Schofield: This firm represents Defendant ViacomCBS/Paramount (now known as Paramount Global) (“Defendant) in the referenced matter.

Defendant has filed its Reply Memorandum of Law (“Reply”) in Further Support of its Motion to Dismiss Plaintiff Amirah Mercer’s (“Plaintiff”) Complaint pursuant to Fed. R. Civ. P. 12(b)(6). In this filing, Defendant: (a) attached as Exhibit 1 to the Declaration of Marjorie B. Kulak (“Kulak Declaration”), a copy of a work from home request, completed by Plaintiff's medical provider (ECF No. 55-1); (b) attached as Exhibit 3 to the Kulak Declaration an e-mail discussing information shared by Plaintiff's medical provider in Plaintiff's work from home request (ECF No. 55-3); and (c) discussed the contents of these exhibits and other related information on pages 4 and 5 of its Reply. (ECF No. 54, pages 8 of 14, 9 of 14). As Plaintiff may view these materials as containing her personal medical information, Defendant has redacted these materials.

Defendant respectfully requests that the Court accept the redacted filing described above. In accordance with this Court’s rules and the SDNY ECF Case Filing Rules & Instructions: (a) redacted copies of Exhibits 1 and 3 and Defendant’s Reply are attached to this letter; and (b) unredacted copies of these materials will be filed separately, under seal, with the areas which are subject to redaction highlighted. Defendant is also including, as Exhibit A to this letter, a list of the individuals who should have access to the unredacted copy of these materials.

4865-8589-6050.1 Hon. Lorna G. Schofield, U.S.D.J.

September 2, 2023 Page 2 Thank you for your consideration of this matter.

Respectfully submitted, /s/ Marjorie B. Kulak Marjorie B. Kulak ce: Amirah Mercer, Plaintiff pro se (via first class mail) GRANTED. The common law right of public access to judicial documents is firmly rooted in nation’s history,” this right is not absolute and courts “must balance competing considerations the presumption of access. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. (internal quotation marks omitted); see also Nixon v. Warner Commc’ns., Inc., 435 U.S. 589, 599 1978) (“[T]he decision as to access is one best left to the sound discretion of the trial court, a to be exercised in light of the relevant facts and circumstances of the particular case."). is a strong privacy interest in the confidentiality of medical records. See Parker v. Brann, No. 12 09408, 2022 WL 18402115, at *8 (S.D.N.Y. Dec. 17, 2022). Accordingly, it is appropriate here that versions of the reply memorandum of law and accompanying exhibits 1 and 3 be filed with unredacted versions filed under seal.

Clerk of Court is respectfully directed to close the motion at Dkt. No. 57, and to maintain Dkt. Nos. and 60 under seal. The Clerk of Court is respectfully directed to allow access to the sealed to the persons listed in Exhibit A.

Clerk of Court is respectfully directed to mail a copy of this order and Dkt. Nos. 58, 59 and 60 to September 5, 2023 New York, New York Lorna G. SaiCaeb UNITED STATES DISTRICT JUDGE 4865-8589-6050.1 Hon. Lorna G. Schofield, U.S.D.J.

September 2, 2023 Page 3 Exhibit A The following parties/counsel should have access to: (1) the unredacted versions of Defendant’s Reply (ECF No. 54); and (2) Exhibits 1 and 3 to the Declaration of Marjorie B. Kulak (ECF Nos. 55-1, 55-3): Plaintiff pro se Amirah Mercer Defendant ViacomCBS/Paramount Marjorie Kulak, Esq.

Kauff McGuire & Margolis LLP Counsel for Defendant ViacomCBS/Paramount