Nell et al v. City of New York

Filing 100

ORDER denying without prejudice to renewal 96 Letter Motion to Seal. Application DENIED without prejudice to renewal by October 16, 2020. A motion to seal must provide particularized justifications specific to the information sought to be sealed. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006) ("[D]ocuments may be sealed if specific, on the record findings are made demonstrating that closure is essential to preserve higher values and is narrowly tailored to serve that interest."). (Signed by Judge Lorna G. Schofield on 10/14/2020) (cf)

Case 1:19-cv-06702-LGS Document 100 Filed 10/14/20 Page 1 of 3

THE CITY OF NEW YORK

LAW DEPARTMENT
JAMES E. JOHNSON
Corporation Counsel

SHAWNA C. MACLEOD
Assistant Corporation Counsel
Labor & Employment Law Division
Office: [phone]
[e-mail]

100 CHURCH STREET
NEW YORK, NY 10007

October 13, 2020
VIA ECF
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

Application DENIED without prejudice to renewal by
October 16, 2020. A motion to seal must provide
particularized justifications specific to the information
sought to be sealed. See Lugosch v. Pyramid Co. of
Onondaga, 435 F.3d 110, 120 (2d Cir. 2006)
("[D]ocuments may be sealed if specific, on the record
findings are made demonstrating that closure is
essential to preserve higher values and is narrowly
tailored to serve that interest."). So Ordered.

Re: Nell, et al. v. City of New York
19 Civ. 6702 (LGS)
Dated: October 14, 2020
New York, New York
Dear Judge Schofield:

I am the Assistant Corporation Counsel in the Office of James E. Johnson,
Corporation Counsel for the City of New York, assigned to represent the City of New York (the
“City”) in the above-referenced collective action. In compliance with Your Honor’s Individual
Practices, Rule I.D, Redactions and Filings Under Seal, I write to explain the need to seal the
document Bates marked CityTime 000860, filed as Ex. L to the Declaration of Shawna C. MacLeod,
dated October 13, 2020, in support of Defendant’s Motion for Summary Judgment.

On January 9, 2020, the Court so-ordered a Stipulation in connection with
Defendant’s assertion of the good faith defense (“Limited Waiver Stipulation”). See ECF No. 34.
As a result of Defendant’s assertion of the good faith defense, Defendant agreed in the Limited
Waiver Stipulation to disclose documents and communications between the New York City Law
Department and non-lawyer employees of the City and/or the New York City Department of
Correction (“DOC”): “pertaining to the legal requirements of the FLSA as applied to DOC pay
policies, practices, and procedures;” and “concerning the formulation and drafting of the
CityTime certification and/or timekeeping system as it relates to any claims or defenses asserted
in this lawsuit.” Id. ¶¶ 1(a), (b). The Limited Waiver Stipulation also states that “[t]he production
of documents and communications as set forth [in the Limited Waiver Stipulation] shall
constitute a limited waiver of the attorney client privilege with respect to only the assertion of the
good faith defense in this matter.” Id. ¶ 2. The Limited Waiver Stipulation further allows a party
to “make an application to the Court regarding documents and/or communications produced
pursuant to this Order.” Id. ¶ 5.

Case 1:19-cv-06702-LGS Document 100 Filed 10/14/20 Page 2 of 3

By requesting to file the document Bates marked CityTime 000860 under seal,
Defendant is attempting to maintain the privileged status of the document, which constitutes
meeting minutes including advice from counsel. Pursuant to the Limited Waiver stipulation, the
parties have agreed that this document should be treated as privileged.
Accordingly, the City respectfully requests that the Court issue an order directing
that Ex. L attached to the declaration of Shawna C. MacLeod dated October 13, 2020, be filed
under seal.
Defendant thanks the Court for its consideration of this request.
Respectfully submitted,

/s/ Shawna C. MacLeod
Shawna C. MacLeod
Assistant Corporation Counsel

Att: Appendix
cc:

All Counsel of Record (by ECF)

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Case 1:19-cv-06702-LGS Document 100 Filed 10/14/20 Page 3 of 3

Appx. A:
All parties and counsel of record should have access to the sealed document.

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