Roelcke v. ZiP Aviation, LLC et al

Filing 110

ORDER granting 101 Letter Motion to Seal. Application granted. Exhibits 18 and 22 should be filed under seal. The memorandum of law, declaration, and Rule 56.1 statement should be redacted only to the extent that they refer to the confidential portions of Exhibits 18 and 22. So ordered.. (Signed by Judge John G. Koeltl on 3/9/2021) (ks)

Case 1:15-cv-06284-JGK-JLC Document 110 Filed 03/09/21 Page 1 of 2
S ha wn P. N a un t on
Zuc k er m an S p ae d er L L P
s na u nt o n @ zuc k er m an . c om
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March 5, 2021
Application granted. Exhibits 18 and 22 should be filed under
seal. The memorandum of law, declaration, and Rule 56.1
statement should be redacted only to the extent that they refer
The Honorable John G. Koeltl
to the confidential portions of Exhibits 18 and 22.
United States District Court
So ordered.
Southern District of New York
/s/ John G. Koeltl
500 Pearl Street
March 9, 2021
John G. Koeltl
New York, NY 10007-1312
New York, NY
U.S.D.J.
RE: Katharina Roelcke v. Zip Aviation, LLC, et al.
Civ. No. 15-cv-06284-KGK-JLC
VIA ECF

Dear Judge Koeltl:
We represent Defendants Zip Aviation, LLC, Manhattan Helicopters LLC, and Itai
Shoshani in the above-referenced action. Concurrently with this letter, we are filing Defendants’
(1) notice of motion for summary judgment; (2) memorandum of law in support of the motion;
(3) declaration by the undersigned, with exhibits; and (4) Rule 56.1 Statement. In accordance
with the Court’s Individual Practice Rules VI(A)(1) and (2), we write to explain the reasons
Defendants seek to file the memorandum of law and Rule 56.1 Statement with redactions, and
file Exhibits 18 and 22 under seal.
Defendants’ memorandum of law contains quoted references to Exhibits 18 and 22,
which contain Protected Health Information under the Health Insurance Portability and
Accountability Act (“HIPAA”), while Defendants’ Rule 56.1 Statement contains quoted
references to Exhibit 18. This information relates to Plaintiff’s mental health diagnoses and
alleged physical injuries. Portions of Exhibit 18 have also been designated either “Confidential”
or “Highly Confidential – Attorneys Eyes Only” pursuant to the protective order issued on
March 31, 2020. ECF No. 72.
“[B]ecause a plaintiff maintains significant privacy rights to her medical information,
courts regularly seal records protected from disclosure by HIPAA.” Valentini v. Grp. Health Inc.,
20-CV-9526 (JPC), 2020 WL 7646892, at * (S.D.N.Y. Dec. 23, 2020). See also McCracken v.
Verisma Sys., Inc., No. 6:14-cv-06248(MAT), 2017 WL 4250054 (W.D.N.Y. Sept. 26, 2017).
Given the foregoing, Defendants respectfully request that the Court allow the above-referenced
documents to be filed under seal and permit only counsel and court personnel to view the
proposed sealed documents. See Rule 6.5(a) of the SDNY ECF Rules & Instructions.

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Z U C K E R M AN S P AE D E R L L P | W AS H I N G T O N , D C | N E W Y O R K | T AM P A | B AL T I M O R E

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T H E H O N O R AB L E J O H N G . K O E L T L
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Respectfully submitted,
/s/ Shawn P. Naunton
Shawn P. Naunton
cc: Counsel of Record (via ECF)