Lowell v. Lyft, Inc.

Filing 401

ORDER granting 397 Letter Motion to Seal. Application granted. The redacted document filed on the public docket (Doc. 398) will remain the publicly-filed version of the parties' joint proposed findings of fact and conclusions of law, and the unredacted version (Doc. 399) will remain under seal. The parties shall submit one courtesy copy of the revised submissions filed on December 4, 2023 to Chambers. SO ORDERED. (Signed by Judge Philip M. Halpern on 12/5/2023) (jca)

Case 7:17-cv-06251-PMH-AEK Document 397 Filed 12/04/23 Page 1 of 2
One North Broadway, Suite 900
Application granted. The redacted document
filed on the public
WHITE PLAINS, NY 10601
Phone:version
[phone]
docket (Doc. 398) will remain the publicly-filed
of the parties'
Fax: [phone]
joint proposed findings of fact and conclusions
of
law,
and
the
www.fbfglaw.com
unredacted version (Doc. 399) will remain under seal. The parties
shall submit one courtesy copy of the revised submissions filed on
December 4, 2023
December 4, 2023 to Chambers.

BY ECF
SO ORD
ORDERED.
R ER
RD
E ED.
Hon. Philip M. Halpern
United States District Judge
_______________________
___
___
___
_ __________
Philip M.
M Halpern
H l
The Hon. Charles L. Brieant Jr.
United States District Judge
Federal Building and United States Courthouse
300 Quarropas Street
Dated: White Plains, New York
White Plains, NY 10601
December 5, 2023

Re:

Lowell, et al. v. Lyft, Inc., No. 7:17-cv-06251-PMH-AEK (S.D.N.Y.)

Dear Judge Halpern,
Pursuant to this Court’s Stipulated Protective and Confidentiality Order dated May 24, 2019,
ECF No. 67 (“Protective Order”), Westchester Disabled On The Move, Inc. and Harriet Lowell
(collectively “Plaintiffs”) respectfully move for leave to file under seal 1 document that either Plaintiffs
or Defendant Lyft, Inc. (“Lyft”) designated as confidential.
In compliance with this Court’s Electronic Case Filing Rules & Instructions § 6 (“ECF Rules”),
the Protective Order also outlines the procedural requirements for filing documents containing
information under seal:
In filing Protected Material with this Court, or filing portions of any pleadings,
motions, or other papers that disclose such Protected Material (“Confidential Court
Submission”), the Parties shall publicly file a redacted copy of the Confidential Court
Submission via the Electronic Case Filing System. The parties shall file an unredacted
copy of the Confidential Court Submission under seal with the Clerk of this Court,
and the Parties shall serve this Court and opposing counsel with unredacted courtesy
copies of the Confidential Court Submission.
Protective Order, ¶ 15.
In light of the Protective Order, Plaintiffs respectfully request that various documents
designated as confidential be filed under seal. 1 Plaintiffs also request that references to those
documents and their contents be redacted from Plaintiffs’ Response. This request is narrowly
tailored to cover only the relevant document that Defendant has designated as confidential,
quotations of the document, or references to the substance of the document.
Redaction of the confidential information at issue is authorized by federal law.
Although there is a presumption of public access to judicial documents, Federal Rule of Civil
Procedure 26(c) authorizes district courts, upon a showing of good cause, to “require that the
parties simultaneously file specified documents or information in sealed envelopes, to be
1

Plaintiffs take no position as to whether Defendant’s confidentiality designation is correct, and Plaintiffs have no
objection to Defendant submitting a letter that better articulates their basis for designating the documents as
confidential.

Case 7:17-cv-06251-PMH-AEK Document 397 Filed 12/04/23 Page 2 of 2
One North Broadway, Suite 900
WHITE PLAINS, NY 10601
Phone: [phone]
Fax: [phone]
www.fbfglaw.com

opened as the court directs.” Fed. R. Civ. P. 26(c)(1)(H). “Documents may be sealed if
specific, on the record findings are made demonstrating that closure is essential to preserve
higher values and is narrowly tailored to serve that interest.” Lugosch v. Pyramid Co. of Onondaga,
435 F.3d 110, 120 (2d Cir. 2006) (internal quotations and alterations omitted). These
“countervailing factors include but are not limited to . . . the privacy interests of those resisting
disclosure.” Id. (internal quotations omitted).
Here, Plaintiffs are filing the Parties’ Joint Proposed Findings of Fact and Conclusions
of Law -- documents which contain confidential information -- and therefore must submit
these documents under seal in keeping with Defendant’s designations of confidential
information. See Protective Order, ¶ 15. This request is narrowly tailored, in that it relates
only to the relevant information that Defendant labeled as Confidential pursuant to the
Protective Order.
Based on the foregoing, Plaintiffs respectfully request that: (i) their Motion for Leave
to File Under Seal be granted; (ii) the redacted versions of the Parties’ Joint Proposed Findings
of Fact and Conclusions of Law electronically filed on December 4, 2023, be accepted as the
public version of this filing; and (iii) that the Court grant Plaintiffs leave to file un-redacted
versions of the same under seal.
Dated:

December 4, 2023

Respectfully submitted,
s/ Jeremiah Frei-Pearson
Jeremiah Frei-Pearson
FINKELSTEIN, BLANKINSHIP,
FREI-PEARSON & GARBER, LLP
1 North Broadway, Suite 900
White Plains, New York 10601
Tel: [phone]
Fax: [phone]
[e-mail]