>: EEE EEE SO wees United States Attorney ae Southern District of New York 86 Chambers Street New York, New York 10007 December 22, 2023 By ECF Honorable Ona T. Wang MEMO ENDORSED. United States Magistrate Judge United States Courthouse 500 Pearl Street New York, New York 10007 Re: 2741 Brothers Deli Grocery Inc., et al. v. U.S. Dep't of Agriculture, Food and Nutrition Service, No. 22-cv-9317-OTW Dear Judge Wang: This Office represents the U.S. Department of Agriculture, Food and Nutrition Service (“USDA” or “government”), in the above-referenced action in which Plaintiffs seek review of a permanent disqualification from participating in the Supplemental Nutrition Assistance Program. Consistent with the Protective Order entered by the Court on August 3, 2023 (ECF No. 12), and pursuant to Rule IV of this Court’s Individual Rules, the Government respectfully seeks leave to file a redacted version of the certified administrative record on the public docket in this case. The administrative record contains information regarding electronic benefits transfer (“EBT”) card recipients and stores participating in the SNAP; this sensitive, personal, and commercial information is covered by the Privacy Act, 5 U.S.C. § 552a(b), The Food and Nutrition Act of 2008,

(e)(8), and the federal regulations promulgated thereunder,

(c) (collectively “the Acts”). The information includes Food and Nutrition Service (“FNS”) numbers, EBT card numbers, household numbers, and other confidential, personal, or similar information. The Government respectfully submits that sealing is appropriate notwithstanding the presumption of access discussed by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga,

(2d Cir. 2006) and Bernstein v. Berstein Litowitz Berger & Grossman,

(2d Cir. 2016), in light of the privacy interests of third parties. See, e.g., Beverly Hills Teddy Bear Co. v. Best Brands Consumer Prod., Inc., No. 19 Civ. 3766 (GHW),

, at *2 (S.D.N.Y. Dec. 29, 2020) (“Higher values that may justify the sealing of documents include . . . the privacy interests of third-parties” (citing E.E.O.C. v. Kelley Drye & Warren LLP, No. 10 Civ. 655 (LTS) (MHD),

, at *2 (S.D.N.Y. Mar. 2, 2012))); Republic of Turkey v. Christie’s Inc., No. 17 Civ. 3086 (AJN),

, at *1 (S.D.N.Y. Sept. 11, 2020) (“Specifically, for the redacted portions, the parties’ and third parties’ privacy interests outweigh the ‘value of such information to those monitoring the federal courts.””). In similar SNAP disqualification cases in this district, courts have permitted the Government to submit a redacted version of the administrative record in support of a motion for summary judgment. See,

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e.g., Notice of Certified Administrative Record, La Reyna De Westchester Deli Grocery Corp. v. United States, 22 Civ. 01242 (KHP), ECF. No. 29; Notice of Certified Administrative Record, East Village New Deli Corp. v. United States, 20 Civ. 7356 (PAE), ECF No. 30. The Government requests leave to do the same in this case. Plaintiffs consent to this sealing request. I thank the Court for consideration of this submission. Respectfully, DAMIAN WILLIAMS United States Attorney /s/ Leslie A. Ramirez-Fisher BY: LESLIE A. RAMIREZ-FISHER Assistant U.S. Attorney Telephone: (212) 637-0378 Email:leslie.ramirez-fisher@usdo].gov cc: Joseph A. Bahgat, Counsel for Plaintiffs (by ECF)

Application GRANTED. SO ORDERED.

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Ona T. Wang 1/3/24 U.S.M.J.