Williams v. Pizarro et al

Filing 65

ORDER granting 64 Letter Motion for Discovery. APPLICATION GRANTED: The Clerk of Court is requested to mail a copy of this endorsement to the plaintiff. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 1/13/2021) (mro) Transmission to Docket Assistant Clerk for processing.

01/13/2021

JAMES E. JOHNSON
Corporation Counsel

STEFANO PÉREZ
Assistant Corporation Counsel
Phone: [phone]
Fax: [phone]
[e-mail]

THE CITY OF NEW YORK

LAW DEPARTMENT
100 CHURCH STREET
NEW YORK, NY 10007

January 12, 2021
VIA ECF
Honorable Katharine H. Parker
United States Magistrate Judge
United States District Court
Southern District of New York
500 Pearl Street, Room 750
New York, New York 10007-1312
Re:

APPLICATION GRANTED: The Clerk of Court is requested
to mail a copy of this endorsement to the plaintiff.

Melvin L. Williams v. Detective Alberto Pizarro
18-CV-5677 (VEC) (KHP)

01/13/2021

Your Honor:
I am the attorney assigned to the defense of the above matter. Assuming that
plaintiff intends to pursue this litigation, defendant respectfully writes to request that the Court
order the unsealing of all arrest records, district attorney records, and criminal court records
relating to non-party Jennay Caviness’s February 23, 2018 arrest and prosecution. This is
defendant’s first request for a non-party’s records to be unsealed. This application is made
without consent as defendant does not have any contact information for Ms. Caviness as of this
writing.
As Your Honor may recall, plaintiff alleges, inter alia, that on February 23, 2018,
he was falsely arrested, charged with Criminal Possession of Controlled Substances, and
maliciously prosecuted for eight months until the criminal charges were dismissed. Upon
information and belief, plaintiff was arrested and subsequently prosecuted along with co-arrestee
Jennay Caviness. While Ms. Caviness is not a party to the instant action, the details of her arrest
and subsequent prosecution are inextricably intertwined with plaintiff’s arrest and prosecution.
Defendant submits that an unsealing order is required to obtain Ms. Caviness’s arrest and
prosecution records.
Ample case law within the Second Circuit supports the authority of a federal court
to order the production of documents sealed pursuant to Section 160.50. “[I]n cases presenting
federal questions, such as here, discoverability, privileges, and confidentiality are governed by
federal law, not state law.” Crosby v. City of New York, 269 F.R.D. 267, 274 (S.D.N.Y. 2010);
see also Morrissey v. City of New York, 171 F.R.D. 85, 92 (S.D.N.Y. 1997) (“[Q]uestions of
discovery in federal civil rights legislation are properly governed by federal law”). Federal
courts can and commonly do order production of documents sealed under Section 160.50.

See Crosby, 269 F.R.D. at 275. Moreover, federal courts in this Circuit have ordered the
production of documents sealed by Section 160.50 where the sealed documents pertain to
individuals who are not parties to the instant action. See, e.g., id. at 273-276; Lyles v. City of
New York, No. 09 Civ. 895, 2009 U.S. Dist. LEXIS 111004, at *1-2 (S.D.N.Y. Nov. 30, 2009)
(ordering production of the sealed “file relating to the arrest and prosecution” of plaintiff’s
non-party co-arrestee).
In issuing an order to produce records sealed under Section 160.50, the Court
must “balance the deference to be accorded” Section 160.50 against “the need for the
information sought to be protected by the privilege.” Macnamara v. City of New York,
No. 04 Civ. 9216 (KMK) (JCF), 2006 U.S. Dist. LEXIS 82926, at *9 (S.D.N.Y. Nov. 13, 2006)
(quoting Daniels v. City of New York, No. 99 Civ. 1695 (SAS), 2001 U.S. Dist. LEXIS 2312, at
*3 (S.D.N.Y. Mar. 8, 2001)). Defendant respectfully submits that, in this case, the privacy
interests of the non-party would be adequately protected by marking the unsealed information
“confidential.”
Accordingly, defendant respectfully requests that the Court unseal Ms. Caviness’s
February 23, 2018 arrest records (Arrest No. M18611749) and corresponding prosecution
records. A proposed order to unseal Ms. Caviness’s records is attached for Your Honor’s
consideration, and, if acceptable, endorsement.
I thank the Court for its consideration in this regard.
Respectfully submitted,

Stefano Pérez

S/
____________
Stefano Pérez
Assistant Corporation Counsel
Special Federal Litigation Division

To:

BY USPS PRIORITY MAIL
Melvin L. Williams
Plaintiff Pro Se
970 Prospect Avenue
Apt. #5B
Bronx, NY 10459

2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------ x
MELVIN L. WILLIAMS,
Plaintiff,
-againstDETECTIVE ALBERTO PIZARRO,

ORDER TO UNSEAL
CRIMINAL RECORDS

Defendant. 18-CV-5677 (VEC) (KHP)
------------------------------------------------------------------------ x
WHEREAS, the defendant in the above-referenced matter maintains that
documents pertaining to the arrest and prosecution of non-party Jennay Caviness, who was
arrested on February 23, 2018, with the plaintiff, in front of 142 West 112th Street, Manhattan,
New York, are relevant to this action and whereas, upon information and belief, the charges
against said individual have been dismissed and sealed pursuant to N.Y. Crim. Proc. L. §§
160.50 and/or 160.55, and cannot be obtained or produced without an unsealing order.
IT IS HEREBY ORDERED that the records relating to the arrest of Jennay
Caviness (Arrest No. M18611749) on February 23, 2018, and to the criminal proceedings related
to said arrest, including, but not limited to, the Criminal Court file, the records of the Manhattan
District Attorney’s Office relating to that arrest and prosecution, and the minutes of any
proceeding, including any and all statements by police officers, witnesses, and the criminal
defendants which were ordered sealed pursuant to N.Y. Crim. Proc. L. § 160.50, be unsealed
pursuant to N.Y. Crim. Proc. L. § 160.50 and made available to James E. Johnson, the
Corporation Counsel of the City of New York, or to his authorized representatives, for
inspection, photocopying, and use in the federal action brought by Melvin Williams against
defendant Alberto Pizarro;

IT IS FURTHER ORDERED that the City of New York, including the Office of
the Corporation Counsel and the New York City Police Department, as well as the Criminal
Court of the State of New York, and the Manhattan District Attorney’s Office, shall not be bound
by the statutory sealing requirements of N.Y. Crim. Proc. L. §§ 160.50 for all documents relating
to and arising out of the arrest and prosecution of Jennay Caviness (Arrest No. M18611749) on
February 23, 2018;
IT IS FURTHER ORDERED that the use of the above-referenced records is
restricted to use in the above-entitled civil rights action and shall be protected by both parties as
confidential.
SO ORDERED.
Dated:

January 13
_________________, 2021
New York, New York
HONORABLE KATHARINE H. PARKER
UNITED STATES MAGISTRATE JUDGE