Washbish v. International Business Machines Corporation

Filing 19

ORDER granting #18 Letter Motion to Seal. The Respondent's request is hereby GRANTED. The parties are ORDERED to submit a proposed briefing schedule as to the sealing issue on or by May 12, 2023. IT IS SO ORDERED.. (Signed by Judge Andrew L. Carter, Jr on 5/9/2023) (ks)

JONES DAY
250 VESEY STREET • NEW YORK, NEW YORK 10281.1047
TELEPHONE: [phone] • JONE S DA Y. COM
Direct Number: 212.326.8338
[e-mail]

May 9, 2023
USDCSDNY

CM/ECF

DOCUME
ELEC:, RO 1CALL Y FILED

Hon. Andrew L. Carter Jr.
United States District Court
Southern District of New York
40 Foley Square, Room 435
New York, NY 10007
Re:

- -- - - ~-

DO #:
DATE FILED: 5/9/2023
_ _ _ __

Gail Washbish v. International Business Machines Corp.,
No. 23-CV-03013

Dear Judge Carter:
I am writing on behalf of Respondent International Business Machines Corporation
(“IBM”) to request leave to provisionally file a public, redacted version of its Opposition to
Petitioner’s Motion to Vacate (ECF No. 3) (due May 11, 2023), as well as a sealed, unredacted
version for the Court. IBM also requests leave to defer briefing regarding the propriety of the
sealing of the redacted portions of the vacatur briefing until such briefing is complete.
IBM recognizes that Your Honor typically requires parties to file proposed sealed
documents contemporaneously with their motions to seal. (Individual Practices, Rule 6(C)(ii).)
But in the interest of judicial efficiency, IBM asks the Court to provisionally seal the vacatur
briefing record in advance, and allow the parties to brief the sealing issues after the vacatur briefing
is complete.
This case stems from an arbitrator’s dismissal of Petitioner’s federal age-discrimination
claim as untimely. IBM’s position is that, under the parties’ agreement, references to the arbitration
proceeding and award must be sealed. With that in mind, on April 10, 2023, Petitioner moved to
provisionally seal unredacted versions of her Petition and Motion to Vacate, along with the
attached exhibits. (ECF No. 4.) She also noted that “[t]he parties dispute whether these materials
should ultimately be filed as a matter of public record or sealed based on the confidentiality
provision in IBM’s arbitration agreement.” (Id. at 1.) IBM intends to oppose this position and file
briefing in support of its view that documents related to the arbitration proceeding should
remain sealed.

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WASHINGTON

JONES DAY
Hon. Andrew L. Ouier Jr.
May 9, 2023
Page 2 of2
To avoid three rounds of briefing addressing each of the pa1i ies ' briefs and exhibits and
whether they should be sealed, IBM requests th at the Comi provisionally seal the vacatur briefing
record but require that redacted versions be publicly filed. Petitioner would not need to file another
motion to provisionally seal her anticipated reply brief in support of her vacatur motion. Instead,
after Petitioner's vacatur motion is fully briefed, the paiiies would brief the sealing issue.
Petitioner consents to this request, and the paiiies will confer on a briefing schedule an d submit it
for the Comi's consideration if Your Honor agrees to defer the sealing briefing until after merits
briefing is complete.
If this request meets Your Honor 's approval, IBM provided a "So Ordered" line below for
the Comi's convenience. Thank you for your time and consideration.

Respectfully submitted,
Isl Matthew W. Lampe
cc:

Shannon Liss-Riordan

Matthew W. Lampe

The Respondent's request is hereby GRANTED . The paiiies are
ORDERED to submit a proposed briefing schedule as to the sealing
issue on or by May 12, 2023.

IT IS SO ORDERED.
May 9, 2023
DATED: _ _ _ _ _ _ _ _ _ __
Hon. Andrew L. Caiier Jr.
United States District Judge