[uspcspsy (tir | DOCUMENT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK | DATE FILED: 11/7/2024

Robin Rivera, OPINION & ORDER Plaintiff, 23-cv-8018

-against- Pratt (Quality Carton), LLC., Defendant.

VICTORIA REZNIK, United States Magistrate Judge: On November 6, 2024, Defendant filed a letter motion in response to this Court’s order directing Defendant to confirm that the parties have agreed on dates to conduct depositions prior to their Case Management Conference (ECF No. 63), and separately requested leave to file that letter under seal. (ECF No. 64). To overcome the presumption of public access afforded to filed documents, the Court must make specific, on the record findings that sealing is (1) necessary “to preserve higher values,” and (2) “is narrowly tailored to serve that interest.” Lugosch v. Pyramid Co. of Onondaga,

(2d Cir. 2006). Courts “regularly seal” medical information despite a presumption of the right to public access because an individual’s privacy interest in their own medical information is a “compelling countervailing interest.” Robinson v. De Niro, No. 19CV9156LJLKHP,

, at *2 (S.D.N.Y. July 18, 2022) (citing Valentini v. Grp. Health Inc., No. 20-CV-9526 (JPC),

, at *2 (S.D.N.Y. Dec. 23, 2020)).

Here, Plaintiff argues that they should be permitted to file their letter concerning the deposition under seal because it “contains references to medical information concerning a non-party deponent.” (ECF No. 64). The letter goes on to explain that by sharing this information on the public docket, “Defendant, who is the employer of the non-party deponent, would be violating the non-party deponent’s privacy interests,” including those protected by HIPPA. (/d.). Because this information concerns sensitive medical information of a non-party, the Court finds that it would preserve higher values for Defendant to provisionally file their letter under seal. At that time, the Court will review the submission and determine whether the filing will remain under seal or invite the parties to propose narrowly tailored redactions to the filing. SO ORDERED. DATED: White Plains, New York November 7, 2024

Vo L ite VICTORIA NIK United States Magistrate Judge