Garcia De Len v. New York University

Filing 89

ORDER granting 58 Letter Motion to Seal. All personal identifying information about plaintiff or other NYU Students may be redacted from publicly filed versions of exhibits on this motion. The Court MUST be privileged with unredacted hard copies for Chambers.. (Signed by Judge Colleen McMahon on 5/9/2022) (kv)

Case 1:21-cv-05005-CM-SDA Document 89 Filed 05/09/22 Page of
Case 1:21-cv-05005-CM-SDA Document 58 Filed 05/06/22 Page 11 of22

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DLA Piper LLP (US)
1251 Avenue of the Americas
27th Floor
New York, New York 10020-1104
www.dlapiper.com
Keara M. Gordon
keara [e-mail]
T 212 .3354632

F 212 .884.8632

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May 6, 2022
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The Honorable Colleen McMahon, U.S.D.J.
U.S . District Court, Southern District of New York
Daniel Patrick Moynihan United States Courthouse
500 Pearl St., Room 2550
New York, NY 10007-1312
Re:

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Garcia De Le On v. New York University, Case No. 1:21-cv-500 5-CM
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Request to File Under Seal Related to Motion for Sanctions
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We represent defendant New York University ("NYU") in the above referenced matter. ~{\- fs.
Pursuant to Section 6 of the Southern District of New York's Electronic Case Filing Rules & '{J:11 i,
Instructions, NYU seeks permission to file certain of its exhibits to its Motion for Sanctions under "' ~V
seal. NYU will also publicly file a redacted version of these documents, with all information that V ~

Dear Judge McMahon:

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the parties agree is non-confidential unredacted.

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The reason for this request is that certain of the accompanying thereto contain: (1) the
plaintiffs personal identifying information contained in NYU's records; and (2) personal
identifying information regarding other NYU students. While NYU recognizes that there is a . /
" strong and well-established presumption of public access to judicial documents and proceedings,"
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the public ' s right of access is not absolute. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110,
119-20, 124 (2d Cir. 2006); see also In re New York Times Co., 828 F.2d 110, 116 (2d Cir. 1987).
Both categories of information listed above are appropriate for sealing.
Courts have found "clear and compelling reasons to seal" documents that contain certain
educational and student personal information protected by the Family Educational Rights and
Privacy Act ("FERP A"). See, e.g., Sweeney v. Enfield Bd. of Educ., 2016 WL 4435331, at * 10
(D . Conn. Aug. 18, 2016) (sealing documents containing confidential educational information
protected by FERPA); Chapman v. Ouellette, 200 F. Supp. 3d 303,311 (D . Conn. 2016) (same).
Disclosure of the confidential information described above would be harmful to the parties
by , among other things, causing them to disclose non-public, commercially sensitive, and/or
private information.

Case 1:21-cv-05005-CM-SDA Document 89 Filed 05/09/22 Page of
Case 1:21-cv-05005-CM-SDA Document 58 Filed 05/06/22 Page 22of 22

The Honorable Colleen McMahon
May 6, 2022
Page Two

The plaintiffs counsel consented to the sealing of the same type of information contained
in this request when they consented to the motion to seal NYU's opposition to their motion for
class certification.
NYU respectfully requests that the Court grant this request to file the above-mentioned
documents under seal. Thank you in advance for your consideration.
Respectfully submitted,

Isl Keara M Gordon
Keara M. Gordon
cc: All Counsel of Record

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