Murray v. The Dutchess County Department of Public Works et al

Filing 136

ORDER denying without prejudice to renewal 132 FIRST LETTER MOTION to Seal plaintiff's medical records. Application denied without prejudice to renew. Counsel is referred to Rule 5(B) of this Court's Individual Practices and Sections 6 and 21 of the Electronic Case Filing Rules & Instructions. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 132. SO ORDERED. (Signed by Judge Philip M. Halpern on 9/28/2022) (jca)

Case 7:17-cv-09121-PMH Document 136 Filed 09/28/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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NELSON A. MURRAY,
Plaintiff
MOTION TO SEAL
(Medical Records)
Civil Action No. 17-CV-09121
(PMH)
v.
DUTCHESS COUNTY, ROBERT BALKIND Commissioner
Department of Public Works, in his individual capacity,
MATTHEW DUTCAVICH an individual.
Defendants.
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Comes now plaintiff NELSON A. MURRAY, and requests leave to file under seal,
pursuant to Rule 5(B) of the Court’s Individual Practices and Standing Order 19-mc-583,
Exhibits 46 and 48 of his already-served and contemporaneously filed opposition to Defendants’
motion for summary judgement. These exhibits are medical records, which are “routinely” filed
under seal in the district courts of New York. See, e.g., Paravas v. Tran, No. 21 Civ. 807, 2022
WL 741590, at *1 (S.D.N.Y. Mar. 11, 2022), quoting Whichard v. Doe, 2010 WL 3395288, at
*7 (W.D.N.Y. Aug. 25, 2010)). Plaintiff seeks to file these medical records under seal to protect
his privacy interest, as they reveal personal and detailed information about his mental health.
After conferring with Defendants regarding this request, Plaintiff notes that
Defendants have not responded to our request to file this motion on consent.

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Case 7:17-cv-09121-PMH Document 136 Filed 09/28/22 Page 2 of 2

The Viewing Level Plaintiff seeks to apply to these records is the “Selected Parties”
level, as per sections 6.5 and 6.9 of the Electronic Case Filing Rules & Instructions.
Exhibit No.

Description

Exhibit 46
Exhibit 48

Progress Notes (Therapy) (Ogilvie) (April 2015 - June 2016)
a

Medical Report (09-23-21) (Dr. Clarfield)

b

CV Expert Witness (Dr. Clarfield)

Filed this the 27th day of September, 2022.
Poughkeepsie, New York
______________________________________
____________________
THE LAW OFFICE OF D. JEN BROWN, PLLC
Counsel for Plaintiff
272 Mill Street
Poughkeepsie, NY 12601
Application denied without prejudice to renew.
Counsel is referred to Rule 5(B) of this Court's Individual
Practices and Sections 6 and 21 of the Electronic Case
Filing Rules & Instructions.
The Clerk of the Court is respectfully directed to terminate
the motion sequence pending at Doc. 132.
SO ORDERED.
RDERED.
_______________________
________________
Philip M
M. H
Halpern
l
United States District Judge
Dated: White Plains, New York
September 28, 2022

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