Voss v. Shulkin

Filing 102

ORDER granting 100 Letter Motion to Seal. Application granted. The Clerk of the Court is respectfully directed to strike Doc. 98-38 from the docket but retain the summary docket text for the record. Plaintiff is directed to re-file a properly redacted version of the document by 5:00 p.m. on February 26, 2021. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 100. SO ORDERED.. (Signed by Judge Philip M. Halpern on 2/24/2021) (ks)

[Type text]

U.S. Department of Justice
United States Attorney
Southern District of New York
86 Chambers Street
New York, New York 10007

Application 2021
February 22, granted.

By ECF
The Honorable Philip M. Halpern
United States District Judge
Southern District of New York
300 Quarropas Street
White Plains, New York 10601

The Clerk of the Court is respectfully directed to
strike Doc. 98-38 from the docket but retain the
summary docket text for the record.
Plaintiff is directed to re-file a properly redacted
version of the document by 5:00 p.m. on February
26, 2021.
The Clerk of the Court is respectfully directed to

Re: Voss v. McDonough, No. 17 Civ. 9015 (PMH) (JCM)1 motion sequence pending at Doc.
terminate the
100.

Dear Judge Halpern:
SO ORDERED.
RDERED.

This Office represents Denis McDonough, in his official capacity as the Secretary of the
_______________________
United States Department of Veterans Affairs (the “VA”) in the above-captioned matter. I write
Philip M. Halpern
respectfully pursuant to S.D.N.Y. Electronic Case Filing Rules &District Judge Part 21.7(b) to
United States Instructions
request that the Court seal Docket Entry 98-38 filed by Plaintiff, and order Plaintiff to file a
properly redacted version of Docket Entry 98-38 within two business days of entry of an Order
Dated: White Plains, New York
February 24, 2021
granting this motion.
On February 16, 2021, Plaintiff filed a document (Dkt. No. 98-38) in connection with his
opposition to the VA’s motion for summary judgment that contains confidential or sensitive
information, specifically the identity of the veteran who alleged that Plaintiff engaged in an
inappropriate relationship with her while she was under his care while he was a Peer Support
Specialist, exacerbating her PTSD. This document was marked confidential subject to the
Protective Order entered in this matter. Further, on February 11, 2021, this Office asked Plaintiff’s
counsel to ensure all of his summary judgment papers were properly redacted, and specifically
identified this document as one that needed to be filed under seal given the confidentiality of the
veteran’s identity. Although Plaintiff’s counsel attempted to redact the veteran’s identity, the
redactions were transparent.
Immediately upon Plaintiff’s filing of this document, this Office contacted the ECF Help
Desk, which temporarily sealed Docket Entry 98-38. This Office also requested that Plaintiff’s
counsel ask the Court to seal the document and file a properly redacted version of Docket Entry
98-38, but to date, Plaintiff’s counsel has not sought such relief from the Court.
Accordingly, this Office respectfully requests that the Court formally seal Docket Entry
98-38, and order Plaintiff’s counsel to file a properly redacted version (i.e., opaque redactions)
within two business days of entry of an Order granting this motion.
1

David Shulkin, M.D., who was named as defendant in his capacity as Secretary of the Department
of Veterans Affairs, is no longer serving in that office. Secretary Denis McDonough, the current
Secretary, was automatically substituted as defendant pursuant to Federal Rule of Civil Procedure
25(d).

Page 2

We thank the Court for its consideration.
Respectfully submitted,
AUDREY STRAUSS
United States Attorney for the
Southern District of New York
By:

cc:

Counsel of Record

/s/
DANIELLE J. LEVINE
ZACHARY G. BANNON
Assistant United States Attorneys
86 Chambers Street, Third Floor
New York, New York 10007
Tel.: [phone]