Liriano et al v. New York City Department of Education et al

Filing 164

ORDER: It is hereby ORDERED that Ms. Catania's objections are OVERRULED. The reasoning underlying this ruling is set forth in the Court's April 14, 2021, Opinion & Order, which was issued temporarily under seal. It is hereby ORDERED tha t Ms. Catania's request to seal the Opinion & Order and underlying submissions is GRANTED. Docket Nos. 117, 123, 124, 127, 128 and 129 will remain sealed and only the following parties and their counsel should have access: New York City Department of Education and Patricia Catania. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 7/16/2021) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
MERCEDES LIRIANO, et al.
:
:
Plaintiffs,
:
:
-against:
NEW YORK CITY DEPARTMENT OF
:
:
EDUCATION, et al.,
Defendants. :
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LORNA G. SCHOFIELD, District Judge:
I.

19 Civ. 11245 (LGS)(SLC)
ORDER

Objections to March 11, 2021, Order Granting Corporation Counsel’s Motion to
Withdraw
WHEREAS, on February 19, 2021, the Office of James E. Johnson, Corporation Counsel

of the City of New York (“Corporation Counsel”), filed a motion pursuant to Local Civil Rule
1.4, to withdraw as counsel for Defendant Patricia Catania. Dkt. No. 98.
WHEREAS, on March 11, 2021, Magistrate Judge Sarah L. Cave, to whom this case was
referred for general pre-trial supervision, issued an Order granting the motion. Dkt. No. 111.
WHEREAS, Ms. Catania timely filed objections to the March 11, 2021, Order. See Dkt.
Nos. 117, 123 and 124. It is hereby
ORDERED that Ms. Catania’s objections are OVERRULED. The reasoning
underlying this ruling is set forth in the Court’s April 14, 2021, Opinion & Order, which was
issued temporarily under seal. Dkt. No. 127 (finding that Judge Cave’s ruling was not “clearly
erroneous or [] contrary to law”) (citing Fed. R. Civ. P. 72(a); 28 U.S.C. § 636 (b)(1)(A)).
II.

Motion to Seal the April 14, 2021, Opinion & Order and Underlying Submissions
WHEREAS, on April 14, 2021, the Court issued an Order directing Defendants to file

any proposed redactions to the Opinion and Order. Dkt. No. 126.

WHEREAS, on April 21, 2021, Defendant New York City Department of Education
(“DOE”) filed a letter proposing redactions (Dkt. No. 128), and Ms. Catania filed a letter
proposing redactions and requesting, in the alternative, that the entire Opinion and Order (and
underlying submissions), remain under seal (Dkt. No. 129). It is hereby
ORDERED that Ms. Catania’s request to seal the Opinion & Order and underlying
submissions is GRANTED. Docket Nos. 117, 123, 124, 127, 128 and 129 will remain sealed and
only the following parties and their counsel should have access: New York City Department of
Education and Patricia Catania. Although “[t]he common law right of public access to judicial
documents is firmly rooted in our nation’s history,” this right is not absolute, and courts “must
balance competing considerations against” the presumption of access. Lugosch v. Pyramid Co. of
Onondaga, 435 F.3d 110, 119–20 (2d Cir. 2006) (internal quotation marks omitted); see also
Nixon v. Warner Commc’ns., Inc., 435 U.S. 589, 599 (1978) (“[T]he decision as to access is one
best left to the sound discretion of the trial court, a discretion to be exercised in light of the
relevant facts and circumstances of the particular case.”). Filing the above-referenced documents
under seal is in part necessary to prevent the unauthorized dissemination of communications
subject to attorney-client privilege. As to the remainder of such documents, the facts and
circumstances of Corporation Counsel’s withdrawal as counsel to Ms. Catania are not relevant to
the prosecution of the case, and disclosure of such facts and circumstances would be prejudicial to
Ms. Catania and the DOE.
Dated: July 16, 2021
New York, New York

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