Joe Simon-Whelan v. The Andy Warhol Foundation for the Visual Arts, Inc. et al.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------x JOE SIMON-WHELAN, Plaintiff, No. 07-CV-06423-LTS -v- THE ANDY WARHOL FOUNDATION FOR THE VISUAL ARTS, INC. ET AL., Defendants. --------------------------------------------------------------x ORDER The Court received a letter dated November 10, 2025, from counsel for Plaintiff, which has been filed at docket entry no. 131 (the “2025 Letter”). The letter refers to certain exhibits submitted by Plaintiff in connection with a letter dated November 5, 2010, at docket entry no. 130 (the “2010 Letter”). These exhibits were not digitized and linked to the docket but were deposited in the Court’s Open Records Room. Because the 2010 Letter was filed after all claims in the case had been dismissed pursuant to a settlement stipulation (docket entry nos. 124, 127), no action was taken on the matters addressed in the letter and, thus, none of the documents submitted with the letter appear to be “judicial documents,” see Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119 (2d Cir. 2006). According to Plaintiff’s 2025 Letter, many or all of the documents submitted with the 2010 Letter had been designated as “confidential” during discovery, pursuant to the Stipulation and Order Regarding Confidential Information filed at docket entry no. 59. In light of such designations and because none of the submitted documents appears to be subject to the presumption of public access relating to “judicial documents,” the Clerk of the Court is directed to remove those documents from the Open Records Room and file them under seal. Any objection to indefinite continuation of such sealing must be made in writing and filed within 21 days of the date of this order.

SO ORDERED.

Dated: New York, New York November 18, 2025

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge