George Steinmetz v. Shutterstock, Inc. ( 2022 )

MITCHELL SILBERBERG & KNUPP LLP Eleanor M. Lackman A LAW PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS Partner (212) 878-4890 eml@msk.com As to the personal items identified, the motion to seal is grantec September 2, 2022 to the others (ECF No. 59), the motion is denied as lacking suf justification. See Hartford Courant Co. v. Pellegrino, 371 F.3« VIA ECF 62-63 (2d Cir. 2004) (requiring a party to demonstrate that The Honorable Judge Alvin K. Hellerstein, U.S.D.J.suppression of records is ¢ssential to overcome the presumptio United States District Court openness that attaches to judicial records). Southern District of New York 500 Pearl Street, Room 2230 50 ORDERED. New York, New York 10007 /s/ Alvin K. Hellerstein September 7, 2022 Re: Steinmetz v. Shutterstock, Inc., Case No. 1:21-C V-7100 (AKH) (S.D.N.Y.) Dear Judge Hellerstein: We are counsel for defendant Shutterstock, Inc. (“Shutterstock”) in the above-referenced action. In accordance with Section 4(B)(i1) of Your Honor’s Individual Rules, the Court’s Standing Order 19-mc-00583, and ECF Rules & Instructions Section 6, we respectfully submit this letter motion for approval to seal and/or redact certain documents attached as exhibits to the concurrently-filed Declarations of Eleanor M. Lackman and Artur Zambrowski in support of Shutterstock’s Motion for Summary Judgment (respectively, “Lackman Declaration” and “Zambrowski Declaration’’). I. Plaintiff's “Highly Confidential” Documents Shutterstock seeks leave to file redacted copies of the documents listed below on the ground that Plaintiff George Steinmetz (“Plaintiff”) has requested it. Plaintiff designated these documents as “Highly Confidential” pursuant to the Stipulated Protective Order (Dkt. No. 24). In accordance with Your Honor’s Individual Rules, Shutterstock has conferred with Plaintiff’s counsel in advance to narrow the scope of this request. Plaintiff requested that the documents be filed with the particular redactions shown in the accompanying materials. e Document Bates-numbered STEINMETZ000131-133, which is attached as Exhibit P to the Lackman Declaration; e Document Bates-numbered STEINMETZ000135, which 1s attached as Exhibit R to the Lackman Declaration; e Document Bates-numbered STEINMETZ000137, which is attached as Exhibit S to the Lackman Declaration; e Document Bates-numbered STEINMETZ000138, which is attached as Exhibit T to the Lackman Declaration; e Document Bates-numbered STEINMETZ000527-545, which is attached as Exhibit U to the Lackman Declaration. Page 2 II. Shutterstock’s Document Containing Non-Relevant Personal Identifying Information Shutterstock also seeks leave to redact certain non-relevant personal identifying information from the following document, including, in particular, the address, email address, and phone number of a third-party individual: e Document Bates-numbered STK000056-57, which is attached as Exhibit I to the Zambrowski Declaration. This type of information is routinely redacted. See, e.g., Dodona I, LLC v. Goldman, Sachs & Co., 119 F. Supp. 3d 152, 156 (S.D.N.Y. 2015) (ordering redaction of “sensitive personal information,” “including home addresses” and “telephone numbers,” because “this type of information . . . overcomes the presumption of public disclosure”); Statoil (Nigeria) Ltd. v. Nigerian Nat'l Petroleum Corp., No. 18 Civ. 2392 (RMB), 2020 WL 3170566, at *2 (S.D.N.Y. June 15, 2020) (ordering redaction of phone numbers and email addresses because, “[a]mong other reasons, such ‘individual contact information . . . is not at issue in this dispute and the individuals have a countervailing privacy interest in their non-disclosure’”) (quoting Cohen v. Gerson Lehman Grp. Inc., 09 Civ. 4352 (PKC), 2011 WL 4336679, at *2 (S.D.N.Y. Sept. 15, 2011) (redactions concealing client identities and individual contact information were narrowly tailored, and that the privacy interests at issue overcame the presumption of access). Moreover, Shutterstock’s proposed redactions are narrowly tailored to protect the individual’s privacy interests. * * * Shutterstock has publicly filed the above documents with proposed redactions and electronically filed under seal a copy of the unredacted documents with the redactions highlighted. Accordingly, Shutterstock respectfully requests that this Court grant this motion to seal. Respectfully submitted, Eleanor M. Lackman ce: All counsel of record (via ECF)