Jager v. DoorDash, Inc.

Filing 9

ORDER granting 8 Letter Motion to Seal. The Original Complaint is to be filed under seal. Plaintiff is to submit a redacted version of the Complaint for public filing. So Ordered. (Signed by Judge Kenneth M. Karas on 3/12/25) (yv)

Case 7:25-cv-01929-KMK

Document 8

Tarter Krinsky & Drogin LLP

1350 Broadway

Tarter
Krinsky
&Drogin

New York, New York 10018

Filed 03/11/25

Page 1 of 2

Iris Velasquez
Direct Dial : 212-574-392
ivelasquez@tarterkri nsky.com

P: 212-216-8000
F: 212-216-8001
www.tarterkrinsky.com

March 11 , 2025

VIAECF
Hon. Kenneth M. Karas
The Hon. Charles L. Brieant Jr.
Federal Building and United States Courthouse
300 Quarropas St.
White Plains, New York 10601-4150
Re:

Phyllis Jager v. DoorDash, Inc.
Case No. 7:25-cv-01929-KMK
Letter Motion Requesting Removal of Complaint Containing Personal
and Sensitive Information and Filed in Error

Dear Judge Karas :
We represent Plaintiff, Phyllis Jager ("Plaintiff') in the above-referenced matter. We write in
connection with the complaint filed by this office, on March 7, 2025, for the purpose of
commencing this action.
On March 7, 2025, Plaintiff commenced this action by filing a complaint ("Original Complaint").
See ECF l. We subsequently discovered that the Original Complaint was inadvertently filed
without redacting sensitive, personal identifying information-the personal address, phone number,
and part of her bank card information-in certain screenshots included in the Original Complaint.
As such, in accordance with the SDNY Electronic Case Filing Rules & Instructions ("ECF Filing
Rules"), we contacted the ECF Help Desk and requested that the Original Complaint containing
sensitive information be removed (and replaced with a redacted copy of the Complaint) or at least
sealed until this office had an opportunity to file a redacted version of the complaint.
In response to our request, the ECF Help Desk placed a temporary seal on the Original Complaint
and instructed us to (i) file a redacted version of the Original Complaint and (ii) make the instant
application to Your Honor, in accordance with ECF Filing Rule 21. 7, requesting that the Original
Complaint containing sensitive information be formally sealed by this Court. On the afternoon of
March 10, 2025 , we filed a redacted version of the Original Complaint ("Redacted Complaint")
(which made no substantive changes to the Original Complaint other than the redactions). See
ECF4.
Plaintiff respectfully requests that this Court authorize the removal of the Original Complaint from
the docket, or if removal is not feasible, to permanently seal the Original Complaint (ECF 1) filed
by this office on March 7, 2025 .

088928\ l 75\ l 7111 0390.v2

Case 7:25-cv-01929-KMK

Document 8

Filed 03/11/25

Page 2 of 2

Hon. Kenneth M. Karas
March 11, 2025
Page 2 of2
While pleadings carry a strong presumption of public access, this presumption may be outweighed
by competing considerations. See Junsub Shim v. Luxury Asset Capital, LLC, et al., No. 1:24-cv09738-JPC, 2025 WL 88041, at *2 (S.D.N.Y., Jan. 10. 2025) .")(citing Lugosch v. Pyramid Co. of
Onondaga, 435 F.3d 110 (2d Cir. 2006)) One consideration that may override the presumption of
public access is the privacy interest that an individual has with regards to personal data and
identifying information. Id. at *2; Allianz Global Investors GmbH v. Bank of America
Corporation, No. 18 Civ. 10364 (LGS), 2021 WL 211544, at *3 (S.D.N.Y. Jan. 21, 2021)(finding
that "[fJiling the above-referenced document under seal is necessary to prevent the unauthorized
dissemination of personal data ... and to protect the privacy interests of the Subject Employee.")
As such, this Court has previously granted similar applications in which a litigant seeks to have
personal identifying information redacted from a filing. See Junsub Shim v. Luxury Asset Capital,
LLC, et al., No. 1:24-cv-09738-JPC, 2025 WL 88041, at *3 (S.D.N.Y., Jan. 10. 2025)(granting
plaintiffs request to file amended complaint and exhibits thereto in a partially redacted form as
"Plaintiffs interest in maintaining the confidentiality ... of his personal information outweighs the
presumption of full public access to the judicial documents in which that information is
contained.")(citing Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006)); see also
In re E&C KB Holding GmbH, No. 22-mc-180 (LAK)(VF), 2023 WL 2021299 at *1 (S.D.N.Y.
Feb. 14, 2023)("Lastly, courts have permitted the filing under seal of documents that include
personal data, in order to prevent the unauthorized dissemination of such data and to protect an
individual's privacy interest in that data, or the privacy interests of third parties.")
Plaintiff respectfully requests that this Court-in order to prevent the unauthorized dissemination
of Plaintiffs personal address, phone number, and bank card information-authorize the removal
of the Original Complaint from the docket, or if removal is not feasible, to permanently seal the
Original Complaint (ECF 1) filed by this office on March 7, 2025.
We thank the Court for its time and consideration.
The Original Complaint is to be filed
under seal. Plaintiff is to submit a
redacted version of the Complaint for
public filing.

4:;;'~ ~
3/12/25

Respectfully submitted,
TARTER KRINSKY & DROGIN LLP
Attorneys for Plaintiff Phyllis Jager
By:

Is Iris Velasquez
1350 Broadway
New York, New York 10018
[phone]