Cole- Hatchard v. Hoehmann et al

Filing 210

ORDER denying without prejudice 209 Letter Motion to Seal. Accordingly, plaintiff's motion to seal is DENIED WITHOUT PREJUDICE to refiling in accordance with Judge Briccetti's Individual Rules. The Clerk is directed to terminate the letter-motion. (Doc. #209). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 5/25/2021) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------x
STEPHEN COLE-HATCHARD,
:
Plaintiff,
:
:
v.
:
:
GEORGE HOEHMANN, as Supervisor for the :
Town of Clarkstown, New York, and in his
:
individual capacity; FRANK BORELLI, as
:
Councilman and Deputy Supervisor for the Town :
of Clarkstown, New York, and in his individual :
capacity; JOHN J. NOTO, as Councilman for the :
Town of Clarkstown, New York, and in his
:
individual capacity; ADRIENNE D. CAREY, as :
Councilwoman for the Town of Clarkstown, New :
York, and in her individual capacity; TOWN OF :
CLARKSTOWN, NEW YORK; and TOWN
:
BOARD OF THE TOWN OF CLARKSTOWN, :
NEW YORK,
:
Defendants.
:
--------------------------------------------------------------x

ORDER
16 CV 5900 (VB)

By letter-motion dated May 25, 2021, plaintiff requests the Court seal attachment #8 in
docket number 208. (Doc. #209). Paragraph 3.B. of Judge Briccetti’s Individual Practices
requires motions or letter-motions for approval of sealed or redacted filings to explain the
reasons for seeking to file that information under seal. In his letter-motion, plaintiff provides no
reason why attachment #8 should be sealed. It is clear the relevant documents are judicial
documents subject to a common law and First Amendment presumption in favor of public
access, Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006), and the
Court finds plaintiff has failed to show a sufficient basis to justify filing under seal attachment #8
in docket number 208.

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Accordingly, plaintiff’s motion to seal is DENIED WITHOUT PREJUDICE to refiling in
accordance with Judge Briccetti’s Individual Rules.
The Clerk is directed to terminate the letter-motion. (Doc. #209).
Dated: May 25, 2021
White Plains, NY

SO ORDERED:

____________________________
Vincent L. Briccetti
United States District Judge

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