Murtha v. New York State Gaming Commission et al

Filing 63

ORDER granting 61 Letter Motion to Seal. Application granted. the Clerk is directed to terminate ECF No. 61. SO ORDERED.. (Signed by Judge Philip M. Halpern on 2/16/2021) (ks)

Case 7:17-cv-10040-PMH Document Filed in NYSD on Page 1 of
Case 7-17-cv-10040-PMH-LMS Document 61 63 Filed 02/16/2102/12/2021 2 Page 1 of 2

Application granted. the Clerk is directed to
terminate ECF No. 61.
STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL
SO ORDERED.
LETITIA JAMES

DIVISION OF STATE COUNSEL

ATTORNEY GENERAL

________________________
Writer’s DirectPhilip M. halpern, U.S.D.J.
Dial: [phone]

LITIGATION BUREAU

February 12, 2021
Dated: White Plains, NY
February 16, 2021

Via ECF
The Honorable Philip M. Halpern
United States District Judge
United States District Court for the Southern District of New York
Daniel Patrick Moynihan United States Courthouse
500 Pearl Street
New York, New York 10007
Re:

Murtha v. New York State Gaming Commission et al., No. 17-cv-10040 (PMH)

Dear Judge Halpern:
The Office of the Attorney General represents defendants Brian Barry, in both his
individual capacity and his official capacity as Director of Racing Officials for the New York
State Gaming Commission, Dr. Stephanie Wolf, in her individual capacity, and Thom Kotarski,
in his individual capacity (together, “Defendants”) in the above-referenced matter. We write
pursuant to Your Honor’s Individual Rules 5(B) to request permission from the Court that
information relating to Plaintiff’s medical records be filed under seal.
Defendants today filed their pre-motion conference letter for their anticipated motion for
summary judgment. In Defendants’ Rule 56.1 Statement of Undisputed Material Facts, Exhibit 1
to that letter, certain factual assertions quote from or summarize medical records of Plaintiff
James Murtha. The medical records cited consist of either records received by Defendants
pursuant to a Health Insurance Portability and Accountability Act release signed by Plaintiff
during the course of discovery in this matter, or were produced by Defendants in this action from
the New York State Gaming Commission’s records relating to Plaintiff’s workers’ compensation
case. 1 Minimal redactions have been made in the Rule 56.1 Statement to account for those
statements of Plaintiff’s medical records. Specifically, paragraphs 78-81 and 100-104 have
redactions of statements made in medical records or summarizing Plaintiff’s medical records.
The undersigned conferred with Plaintiff’s counsel to assess the need for protecting this
information from public viewing, and Plaintiff has confirmed that he desires that this information
be filed under seal.
1

Ultimately, Defendants anticipate providing the cited documents to the Court as exhibits in support of their motion
for summary judgment.
28 Liberty Street, New York, New York 10005 ● Tel.: [phone] ● Fax: [phone] (Not For Service of Papers)
www.ag.ny.gov

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Hon. Philip M. Halpern
February 12, 2021

Page 2 of 2

Medical records are of the type of document warranting caution before being placed on
the public docket. See, e.g., Valentini v. Group Health Incorporated, 2020 WL 7646892, 20-CV9526 (JPC), at *2 (S.D.N.Y. Dec. 23, 2020). Defendants have narrowly tailored the request by
partially redacting selected paragraphs within the document. See, e.g., Lugosch v. Pyramid Co.
of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). As required by Your Honor’s Individual
Rules, Rule 5(B), Defendants are also filing the unredacted document under seal, highlighting
those portions of the document that have been redacted in the public filing.
Thank you for your assistance in this matter.
Respectfully submitted,
/s/ Rene F. Hertzog
Rene F. Hertzog
Assistant Attorney General
cc: Via ECF
Counsel of Record

28 Liberty Street, New York, New York 10005 ● Tel.: [phone] ● Fax: [phone] (Not For Service of Papers)
www.ag.ny.gov