Cano v. Chisolm et al

Filing 148

ORDER granting 146 Motion to Seal. The application to seal is GRANTED. The status letter at Docket No. 147 shall remain under seal. Only Christopher Hiram Cano, Nicolette Pellegrino, the City of New York, the New York City Health and Hospitals C orporation, Correctional Officers Chisolm, Santiago, Murray, and Captains Robinson and Charles shall have access to the letter at Docket No. 147 and subsequently filed status letters. Having shown good cause, Defendants' motion for an extension of the stay is GRANTED. The stay is extended to June 23, 2022. The Clerk of Court is respectfully directed to mail a copy of this Order to pro se Plaintiff and to close the motions at Docket Nos. 146 and 147. (Signed by Judge Lorna G. Schofield on 5/9/2022) (mml)

Case 1:19-cv-01640-LGS Document 148 Filed 05/09/22 Page 1 of 2

THE CITY OF NEW YORK

HON. SYLVIA O. HINDS-RADIX
Corporation Counsel

NICOLETTE PELLEGRINO
Assistant Corporation Counsel
Phone: [phone]
Fax: [phone]
Email: [e-mail]

LAW DEPARTMENT
100 CHURCH STREET
NEW YORK, NY 10007

REQUEST TO FILE UNDER SEAL
May 6, 2022
VIA E.C.F.
Honorable Lorna G. Schofield
United States District Judge
United States District Court
Southern District of New York
40 Foley Square
New York, New York 10007
Re:

Christopher Hiram Cano v. City of New York, et al.,
19 Civ. 1640 (LGS)

Your Honor:
I am an Assistant Corporation Counsel in the Special Federal Litigation Division
of the New York City Law Department and the attorney representing defendants City of New
York, New York City Health and Hospitals, New York City Department of Correction (“DOC”)
Captains Charles and Robinson, and DOC Officers Chisolm and Santiago (collectively,
“Defendants”) in the above-referenced matter. 1 Defendants write to respectfully request that the
Defendants be permitted to file their anticipated May 6, 2022 letter application under seal
because it discusses matters and documents which have been explicitly protected from disclosure
by the Court’s September 26, 2019 Stipulation of Confidentiality and Protective Order
(hereinafter, “Protective Order”) and also concerns other private and/or confidential matters
concerning Plaintiff. (See Dkt. No. 37 at ¶ 2(f).)
By way of background, Plaintiff was scheduled to be deposed by Defendants at
the Manhattan Detention Complex on October 31, 2019. However, on October 29, 2019, the
Defendants learned that Plaintiff was discharged from DOC custody into the custody of New
York State. (See Dkt. Nos. 44, 45.)

Upon information and belief, DOC Officer Murray has not been served with process and, thus, is not yet
a proper party to this action.

1

Case 1:19-cv-01640-LGS Document 148 Filed 05/09/22 Page 2 of 2

Upon information and belief, on November 8, 2019, former Assistant Corporation
Counsel Samantha J. Pallini provided the Court, under seal, with an update with respect to the
Plaintiff’s custody status and relevant criminal case, which are confidential pursuant to HIPAA
and the Protective Order. Pursuant to the Protective Order, “[a]ny records unsealed as a result of
Plaintiff’s properly executed authorization for the unsealing of records pursuant to New York
Criminal Procedure Law §§ 160.50 and 160.55, particularly pertaining to Bronx Supreme Court
Indictment No. 02396/2016[,]” are to be designated confidential materials and protected from
disclosure to third parties, except those persons listed in paragraph 5. (See Dkt. No. 37 at ¶ 2(f).)
Here, the contents of the Defendants’ anticipated May 6, 2022 letter application
concerns the Plaintiff’s custody status and certain disclosure on the public docket may violate
HIPAA.
Accordingly, the Defendants’ anticipated filing contains confidential information,
and the Defendants respectfully request the Court’s permission to file the Defendants’
anticipated May 6, 2022 letter application under seal. 2
The Defendants thank the Court for its consideration.
CC:

Respectfully submitted,

VIA FIRST CLASS MAIL 3

___/s/_ Nicolette Pellegrino_____
Nicolette Pellegrino
Assistant Corporation Counsel
Special Federal Litigation Division

Christopher Hiram Cano
Book & Case No. 8952100260
George R. Vierno Center
09-09 Hazen Street
Bronx, New York 11370

The application to seal is GRANTED. The status letter at Docket No. 147 shall remain under seal. Only
Christopher Hiram Cano, Nicolette Pellegrino, the City of New York, the New York City Health and
Hospitals Corporation, Correctional Officers Chisolm, Santiago, Murray, and Captains Robinson and
Charles shall have access to the letter at Docket No. 147 and subsequently filed status letters. Having
shown good cause, Defendants' motion for an extension of the stay is GRANTED. The stay is extended to
June 23, 2022. The Clerk of Court is respectfully directed to mail a copy of this Order to pro se Plaintiff
and to close the motions at Docket Nos. 146 and 147.
Dated: May 9, 2022
New York, New York

The Defendants will file their anticipated May 6, 2022 letter application under seal through the ECF
system subsequent to filing their instant request.
2

On May 5, 2022, Plaintiff informed the undersigned that she is currently located at the George R. Vierno
Center.

3

2