Dov v. Bureau of Prisons ( 2020 )

5. “Ve, I EEE Ee United States Attorney Southern District of New York Defendant's request to maintain ECF No. 14 under seal as accessible only to the selected is GRANTED. The Clerk of Court is directed to close ECF No. 13. BY ECF SO ORDERED 12/21/2020 Honorable Sarah L. Cave ( ° wall? pn United States Magistrate Judge Gi L. ee Southern District of New York Te seates Magistrate ae 500 Pearl Street New York, New York 10007 Re: Dov v. Bureau of Prisons, 20 Civ. 9370 (SLC) Dear Judge Cave: This Office represents the Government in the above-referenced habeas matter. The Government writes respectfully to request permission to file under seal the petitioner’s medical records from the Bureau of Prisons. Consistent with Section 1.G of this Court’s Individual Rules, these documents will be filed under seal on ECF and electronically related to this letter motion. The Government respectfully submits that sealing is appropriate notwithstanding the presumption of access discussed by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006), in light of the privacy interests of individuals in their medical records. See, e.g., Barnwell v. FCI Danbury, No. 3:10-cv-01301 (DJS), 2011 WL 5330215, at *5 (D. Conn. Nov. 3, 2011) (noting a rebuttable presumption of openness of court filings, but granting motion to seal in light of federal law’s treatment of such records as confidential pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Pub. L. 104-191 (1996)). Courts in this District have permitted the sealing of medical records, even if specific details relating to the individual’s health appear on the record. See, e.g., United States v. Needham, 460 F. Supp. 3d 323, 325 n.1 (S.D.N.Y. 2020); United States v. Estevez, No. 18-cr-669 (JPO), 2020 WL 1911207, at *1 (S.D.N.Y. Apr. 20, 2020); United States v. Ebbers, 432 F. Supp. 3d 421, 423 n.1 (S.D.N.Y. 2020) (noting defendant’s waiver through “extensively citing to his medical records and medical history in his own motion, in correspondence with the Court, and in open Court during oral argument on his motion”). I thank the Court for its consideration of this request. Respectfully submitted, AUDREY STRAUSS Acting United States Attorney for the Southern District of New York By: s/ Alexander J. Hogan_____ ALEXANDER J. HOGAN Assistant United States Attorney 86 Chambers Street, 3rd floor New York, New York 10007 Telephone: (212) 637-2799 Facsimile: (212) 637-2786 E-mail: alexander.hogan@usdoj.gov