Cunningham v. The City of New York et al

Filing 136

ORDER granting 122 Letter Motion to Seal. The Court is in receipt of the parties' requests to seal documents in this case, and apologies for the delay in confirming that the documents will remain sealed. The motion to seal is GRANTED nunc pro tunc. (Signed by Judge Andrew L. Carter, Jr on 9/28/2022) (ate)

Case 1:15-cv-01266-ALC-GWG Document 136 Filed 09/28/22 Page 1 of 2

Sept. 28, 2022
601 Lexington Avenue
New York, NY 10022
United States

Kyla Jackson
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February 7, 2022
By ECF
Honorable Andrew L. Carter
United States District Court S.D.N.Y.
Thurgood Marshall Courthouse
40 Foley Square
New York, NY 10007
Re: Cunningham v. The City of New York, et al., No. 15-cv-1266 (ALC)
Dear Judge Carter:
I write as counsel for Plaintiff Emir Cunningham to request leave to file certain documents
under seal, pursuant to Rule 6 of the Court’s Individual Practices.
Plaintiff has asserted claims pursuant to 42 U.S.C. § 1983 for violations of his
constitutional rights that occurred while he was incarcerated at the Anna M. Kross Center, which
is a New York City Department of Correction facility. Defendant Former Warden Rose Agro was
the warden of the facility during the relevant period of time. Plaintiff’s claims pertain to his failure
to receive, among other things, critical medical treatment. Because of the sensitive nature of the
documents supporting Plaintiff’s claims, including detailed medical records, Plaintiff requests
permission to file portions of his opposition brief to Defendant’s Motion for Summary Judgment
(ECF No. 115), and related exhibits under seal that relate to his medical treatment.
This request to seal is consistent with the decisions of other courts that have recognized an
individual’s privacy interests in their medical records, particularly in light of federal law that
maintains the confidential nature of those records. See, e.g., Barnwell v. FCI Danbury, No. 3:10–
CV–01301, 2011 WL 5330215, at *5 (D. Conn. Nov. 3, 2011). Further, this request is consistent
with a similar sealing request made by Defendant in this action on January 13, 2022 (ECF No.
114). Defendant’s counsel consents to Plaintiff’s current request. As such, Plaintiff respectfully
requests that the Court grant Plaintiff’s request to file information pertaining to his medical records
under seal.

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Case 1:15-cv-01266-ALC-GWG Document 136 Filed 09/28/22 Page 2 of 2

Hon. Andrew L. Carter
February 7, 2022
Page 2
Respectfully submitted,
/s/ Kyla Jackson
Kyla Jackson
cc:

Counsel of record

The Court is in receipt of the parties' requests to seal
documents in this case, and apologies for the delay
in confirming that the documents will remain sealed.
The motion to seal is GRANTED nunc pro tunc.

Dated: Sept. 28, 2022