Kelly v. Almodovar

District Court, S.D. New York

Kelly v. Almodovar

Trial Court Opinion

. Debevoise & Plimpton LLP PRT Debevoise 650 California Street DOCUMENT impton San Francisco, CA 94108 ELECTRONICALLY FILED +1415 7385700 DOC #: DATE FILED: _ 8/21/2025 REQUEST TO BE FILED UNDER SEAL Hon. Analisa Torres United States District Court, Southern District of New York Daniel Patrick Moynihan United States Courthouse 500 Pearl St. New York, NY 10007 August 21, 2025 RE: Rickardo Kelly v. Almodovar et al, 1:25-cv-06448-AT (S.D.N.Y.) Dear Judge Torres: Petitioner respectfully requests that Dkt. 23—Respondents’ letter dated August 15, 2025 informing the Court that the government had complied with the Court’s order from that date (the “Letter”)—be replaced with the attached, redacted version, which removes sensitive medical information from the public docket. The basis for redaction is that the Letter contains references to Mr. Kelly’s medical history that should not be made public. In making this determination, the Court must apply a “three- part analysis”: (1) whether the document is a “judicial document”; (2) the weight of the presumption of a right of access to judicial documents; and (3) the countervailing weight of other interests. Nielson Consumer LLC vy. Circana Grp., L.P., No. 22-CV-3235 (JPO) (KHP),

2024 WL 990073

, at *1 (S.D.N.Y. Mar. 6, 2024). The Letter is a “judicial document” filed with the Court, but is only confirmatory and “play[s] only a negligible role in the performance of Article III duties.” /d. On the other hand, Petitioner’s “personal privacy interests” in keeping this medical information out of the public record are a “‘higher value’ the preservation of which ... warrant[s] sealing.” /d. at *2. Petitioner has raised this substitution with Respondents, and Respondents do not object. Due to the sensitive nature of this filing, we request that it be filed under seal. Respectfully submitted,

GRANTED. The Clerk of Court is respectfully directed to permanently seal the filing at ECF No. 23, to be accessed only by the parties in this matter. SO ORDERED. Dated: August 21, 2025 New York, New York ANALISA TORRES www.debeveise.com United States District Judge

Reference

Status
Unknown