S.M. v. The City of New York et al

Filing 74

ORDER granting 66 JOINT LETTER MOTION for Discovery requesting an order authorizing the release of certain health and education records pertaining to Plaintiff. IT IS HEREBY ORDERED that the records in the possession, custody, or control of the entities specified below shall be released pursuant to 45 C.F.R. § 164.512(e)(1)(i) or 34 C.F.R. § 99.31(a)(9)(i)-(ii). IT IS FURTHER ORDERED that the records shall be released to Kirkland & Ellis LLP, 601 Lexington Ave., New York, NY 10 022; Georgia M. Pestana, Corporation Counsel of the City of New York, 100 Church Street, New York, NY 10007; and Rutherford & Christie LLP, 800 Third Ave., 9th Fl., New York, NY 10022, or their authorized representatives; IT IS FURTHER ORDERED that the records shall be designated CONFIDENTIAL pursuant to the Protective Order entered by this Court, ECF No. 58, and treated consistent therewith. (And as further set forth herein.)SO ORDERED.. (Signed by Judge J. Paul Oetken on 3/25/2022) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

Case No.: 1:20-cv-05164-JPO

S.M., A MINOR, by her next friend, ALISON
KING,

ECF Case

Plaintiff,

ORDER

v.
THE CITY OF NEW YORK and GOOD
SHEPHERD SERVICES,
Defendants.

UPON THE APPLICATION of the parties for an order authorizing the release of records
pertaining to Plaintiff S.M., which may be protected from disclosure by the Health Insurance
Portability and Accountability Act, 42 U.S.C. § 1320d et seq. (“HIPAA”) or the Family
Educational Rights and Privacy Act, 20 U.S.C. § 1232g et seq. (“FERPA”);
WHEREAS, the records sought are responsive to discovery requests and non-party
subpoenas served by the parties in the above-captioned action;
WHEREAS, the Court has authority to order the release of HIPAA and FERPA-protected
records in connection with this action under 45 C.F.R. 164.512(e)(1)(i) (HIPAA implementing
regulations specifying that “[a] covered entity may disclose protected health information in the
course of any judicial or administrative proceeding: (i) [i]n response to an order of a court or
administrative tribunal, provided that the covered entity discloses only the protected health
information expressly authorized by such order”) and 34 C.F.R. § 99.31(a)(9)(i)-(ii) (FERPA
implementing regulations specifying that “[a]n educational agency or institution may disclose
personally identifiable information from an education record of a student without the consent

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required by § 99.30” if “[t]he disclosure is to comply with a judicial order or lawfully issued
subpoena” and “[t]he agency or institution makes a reasonable effort to notify the parent . . . of the
order or subpoena in advance of compliance, so that the parent . . . may seek protective action”);
IT IS HEREBY ORDERED that the records in the possession, custody, or control of the
entities specified below shall be released pursuant to 45 C.F.R. § 164.512(e)(1)(i) or 34 C.F.R.
§ 99.31(a)(9)(i)-(ii):


Records to Be Released
S.M’s Insurance Records from
September 1, 2019 – Present



S.M.’s Insurance Records from
September 1, 2010 – Present



S.M’s Entire Psychotherapy Record



S.M.’s Entire Family Court Record



Non-Privileged Documents Responsive
to RFP Nos. 1 and 2 in Schedule A of
Non-Party Subpoena Deuces Tecum
served on February 3, 2022
Academic Record for Academic Year
2016 – 2017






Non-Privileged Documents Responsive
to RFP Nos. 1-5 in Confidential
Schedule A of Non-Party Subpoena
Deuces Tecum served on March 11,
2022
Non-Privileged Documents Responsive
to S.M.’s First Requests for Production
to The City of New York and S.M.’s
First Interrogatories to The City of New
York

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Entity
Emblem Health
55 Water St.
New York, NY 10041
New York City Department of Social
Services
Attn: Queens Medicaid Office
32-20 Northern Blvd. 3rd Fl.
Queens, NY 11101
Emma L. Bowen Center
1727 Amsterdam Ave.
New York, NY 10031
New York City Law Department
Queens County Office, Family Court
Division
151-20 Jamaica Ave. 2nd Fl.
Queens, NY 11432
Hunter College High School
71 E. 94th St.
New York, NY 10128
J.H.S. Stephen A. Halsey
63-55 102nd St.
Queens, NY 11374
NYC Health + Hospitals/Bellevue
462 First Ave.
New York, NY 10016

Defendant The City of New York
Administration for Children’s Services
150 William Street
New York, NY 10038

Records to Be Released
Non-Privileged Documents Responsive
to S.M.’s First Requests for Production
to Good Shepherd Services and S.M.’s
First Interrogatories to Good Shepherd
Services

Entity
Defendant Good Shepherd Services

IT IS FURTHER ORDERED that the records shall be released to Kirkland & Ellis LLP,
601 Lexington Ave., New York, NY 10022; Georgia M. Pestana, Corporation Counsel of the City
of New York, 100 Church Street, New York, NY 10007; and Rutherford & Christie LLP, 800
Third Ave., 9th Fl., New York, NY 10022, or their authorized representatives;
IT IS FURTHER ORDERED that the records shall be designated CONFIDENTIAL
pursuant to the Protective Order entered by this Court, ECF No. 58, and treated consistent
therewith.
SO ORDERED.
Dated: March 25, 2022
New York, NY
J. PAUL OETKEN
UNITED STATES DISTRICT JUDGE

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