Vista Food Exchange, Inc. v. Lawson Foods, LLC

Filing 230

ORDER denying 229 Letter Motion to Seal. The motion to seal is hereby DENIED. Plaintiff is directed to redact the information regarding C.A.L. discussed above and refile as soon as possible but no later than May 7, 2021. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/29/2021) (rj)

4/29/2021

April 28, 2021
VIA ECF
Hon. Andrew L. Carter, Jr.
United States District Court
for the Southern District of New York
40 Foley Square, Room 435
New York, NY 10007
[e-mail]
RE:

Vista Food Exchange Inc. v. Lawson Foods, LLC
Case No. 1:17-cv-07454-ALC-SN
Letter Motion to Redact or Seal ECF 228
Attachment 1

To the Honorable Court:
This office represents Defendant Lawson Foods, LLC and ostensibly non-party Simon Law
with regard to the above captioned action. Defendant and Plaintiff have conferred with regard to
the content herein.
This application is respectfully submitted with regard to Defendant’s request to Redact or
Seal pursuant to Fed R. Civ P. 5.2(a)(3), (d), (e) so much of ECF 228, Attachment 1, that includes
the full name and address of a non-party minor. The individual, identified for purposes of this
Letter Motion as “C.A.L.”, is the minor daughter of Simon Law. C.A.L. has not yet reached the
age of eighteen (18) years, and will not until June 2021.
ECF 228(1) is a recording instrument filed as an Exhibit to Plaintiff’s Declaration in
Support of Plaintiff’s Emergency Motion for Provisional Remedies (ECF 227). Although when
originally filed, the recording instrument was a public record in New York State, it was not filed
as a result of a State or Administrative “proceeding” as would be exempt pursuant to Fed R. Civ
P. 5.2(b)(2), (3) or otherwise exempt under Fed R. Civ P. 5.2(b)(5).
C.A.L.’s name and address appear in ECF 228(1) at *2, 3, 4 and 7. It is respectfully
submitted that to potential harm of the unredacted attachment outweighs any prejudice to Plaintiff
should the document be sealed or redacted.
We thank the Court for its attention to this matter.

Respectfully Submitted,
PARDALIS & NOHAVICKA, LLP
By: /s/ Gregory A. Nahas
Gregory A. Nahas, Esq.
950 Third Avenue, 25th Floor
New York, NY 10022
Tel: [phone]
Fax: [phone]
[e-mail]

The motion to seal is hereby
DENIED. Plaintiff is
directed to redact the
information regarding
C.A.L. discussed above and
refile as soon as possible but
no later than May 7, 2021.

4/29/2021