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Cano v. City of New York

United States District Court, S.D. New York
Dec 1, 2021
19 Civ. 1640 (LGS) (S.D.N.Y. Dec. 1, 2021)

Opinion

19 Civ. 1640 (LGS)

12-01-2021

Christopher Hiram Cano v. City of New York, et al.,

GEORGIA M. PESTANA Corporation Counsel NICOLETTE PELLEGRINO Assistant Corporation Counsel


GEORGIA M. PESTANA Corporation Counsel

NICOLETTE PELLEGRINO Assistant Corporation Counsel

REQUEST TO FILE UNDER SEAL

LORNA G. SCHOFIELD UNITED STATES DISTRICT JUDGE

Your Honor:

I am an Assistant Corporation Counsel in the Special Federal Litigation Division of the New York City Law Department and the attorney representing defendants City of New York, New York City Health and Hospitals, New York City Department of Correction (“DOC”) Captains Charles and Robinson, and DOC Officers Chisolm and Santiago (collectively, “Defendants”) in the above-referenced matter. Defendants write to respectfully request that the Defendants be permitted to file their anticipated November 30, 2021 letter application under seal because it discusses matters and documents which have been explicitly protected from disclosure by the Court's September 26, 2019 Stipulation of Confidentiality and Protective Order (hereinafter, “Protective Order”) and also concerns other private and/or confidential matters concerning Plaintiff. (See Dkt. No. 37 at ¶ 2(f).)

Upon information and belief, DOC Officer Murray has not been served with process and, thus, is not yet a proper party to this action.

By way of background, Plaintiff was scheduled to be deposed by Defendants at the Manhattan Detention Complex on October 31, 2019. However, on October 29, 2019, the Defendants learned that Plaintiff was discharged from DOC custody into the custody of New York State. (See Dkt. Nos. 44, 45.)

Upon information and belief, on November 8, 2019, former Assistant Corporation Counsel Samantha J. Pallini provided the Court, under seal, with an update with respect to the Plaintiff's custody status and relevant criminal case, which are confidential pursuant to HIPAA and the Protective Order. Pursuant to the Protective Order, “[a]ny records unsealed as a result of Plaintiff's properly executed authorization for the unsealing of records pursuant to New York Criminal Procedure Law §§ 160.50 and 160.55, particularly pertaining to Bronx Supreme Court Indictment No. 02396/2016[, ]” are to be designated confidential materials and protected from disclosure to third parties, except those persons listed in paragraph 5. (See Dkt. No. 37 at ¶ 2(f).)

Here, the contents of the Defendants' anticipated November 30, 2021 letter application concerns the Plaintiff's custody status and certain disclosure on the public docket may violate HIPAA.

Accordingly, the Defendants' anticipated filing contains confidential information, and the Defendants respectfully request the Court's permission to file the Defendants' anticipated November 30, 2021 letter application under seal.

The Defendants will file their anticipated November 30, 2021 letter application under seal through the ECF system subsequent to filing their instant request.

The Defendants thank the Court for its consideration.

The application is GRANTED. The status letter at Docket No. 129 shall be filed under seal. Only Christopher Hiram Cano, Nicolette Pellegrino, the City of New York, the New York City Health and Hospitals Corporation, Correctional Officers Chisolm, Santiago, Murray, and Captains Robinson and Charles shall have access to the letter at Docket No. 129. Having demonstrated good cause for a stay extension, Defendants' motion for an extension of the stay until December 23, 2021, is GRANTED. The parties shall continue to file status letters every thirty days. The Clerk of Court is respectfully directed to mail a copy of this Order to pro se Plaintiff and close the motions at Docket Nos. 128 and 129.


Summaries of

Cano v. City of New York

United States District Court, S.D. New York
Dec 1, 2021
19 Civ. 1640 (LGS) (S.D.N.Y. Dec. 1, 2021)
Case details for

Cano v. City of New York

Case Details

Full title:Christopher Hiram Cano v. City of New York, et al.,

Court:United States District Court, S.D. New York

Date published: Dec 1, 2021

Citations

19 Civ. 1640 (LGS) (S.D.N.Y. Dec. 1, 2021)