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Pappas Cox
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Misc | Filed: May 03, 2024 | Entered: May 07, 2024 Wizara, LLC v. Smartlink Communication, SpA
Contract: Other | New York Northern
Docket Annotation
Exemplification for Dkt. # 104 - Memorandum Decision and Order and Dkt. # 105 Judgment. Plaintiff's Counsel (Pappas, Cox, Kimpel, Dodd & Levine, PC ) has requested two exemplified copies of the Memorandum Decision and Order and two exemplified copies of the Judgment. Clerk has received payment. Receipt number: 500001696. Exemplified Copies have been mailed to Pappas, Cox, Kimpel, Dodd & Levine, P.C. (Attachments: # 1 Envelope, # 2 Exemplification Judgment, # 3 Exemplification Memorandum Decision and Order) (mmg).
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Order | Filed: May 06, 2024 | Entered: May 06, 2024 Steptoe v. The City of Syracuse et al
Civil Rights: Other | New York Northern
Order on Letter Request
TEXT ORDER: The Court has reviewed Plaintiff's 158 motion to seal this action it its entirety. Both the common law and the First Amendment protect the public's right to access judicial documents. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). Sealing the entire case, which was closed in 2011, (Dkt. No. 141 ), would require sealing, inter alia, the pleadings, (Dkt. Nos. 1 , 7 , 11 , 13 ), the various motions filed in this case, (see, e.g., Dkt. Nos. 22 , 69 , 71 ), and the decisions and orders issued in this case, (see, e.g., Dkt. Nos. 58 , 63 , 81 , 85 ), all of which are judicial documents. See Bernstein v. Bernstein Litowitz Berger & Grossmann LLP, 814 F.3d 132, 139-40 (2d Cir. 2016) (complaint); Alcon Vision, LLC v. Lens.com, No. 18-cv-0407, 2020 WL 3791865, at *6 (E.D.N.Y. July 7, 2020) ("filings in connection with a motion to dismiss"); Moroughan v. Cnty. of Suffolk, No. 12-cv-0512, 2021 WL 280053, at *2 (E.D.N.Y. Jan. 24, 2021) (court's orders and written opinions). There is a "'strong presumption of public access to court records' in federal litigation." In re Platinum & Palladium Commodities Litig., 828 F. Supp. 2d 602, 603 (S.D.N.Y. 2011) (quoting Standard Chartered Bank Int'l (Americas) Ltd. v. Calvo, 757 F. Supp. 2d 258, 259 (S.D.N.Y. 2010)). And where a party "seeks to hide the entirety of the case from the public eye," the presumption of public access "has extraordinarily substantial weight." Zabolotsky v. Experian, No. 19-cv-11832, 2021 WL 106416, at *2 (S.D.N.Y. Jan. 12, 2021); see Dabiri v. Fed'n of States Med. Boards of the United States, Inc., No. 08-cv-4718, 2023 WL 3741978, at *2 (E.D.N.Y. May 31, 2023) (observing that "sealing an entire case file is a last resort") (citation omitted). "That presumption, moreover, 'does not dissipate once the case is over.'" Dabiri, 2023 WL 3741978, at *2 (E.D.N.Y. May 31, 2023) (quoting Zabolotsky, 2021 WL 106416, at *2). A party may overcome the strong presumption of access to judicial documents only if "higher values... so demand." Lugosch, 435 F.3d at 124. Plaintiff's reasons for seeking to seal this case are moving; he explains that he filed this action during a particularly difficult time in his life, that the presence of this case on a publicly searchable database has hindered his employment prospects, and it appears that "all parties are now willing to move on from this matter." (Dkt. No. 158, at 1). However, none of these reasons justify sealing this case. The fact that this case has been publicly accessible for more than fourteen years weighs against sealing and "also suggests a certain futility in doing so." Dabiri, 2023 WL 3741978, at *3; see Chigirinskiy v. Panchenkova, 319 F. Supp. 3d 718, 739 (S.D.N.Y. 2018) (explaining that "the Court has no ability to make private that which has already become public"). In addition, the "adverse impact on employment," as Plaintiff contends here, is not a "higher value sufficient to overcome the presumption of access to judicial documents." Bernsten v. O'Reily, 307 F. Supp. 3d 161, 169 (S.D.N.Y. 20... (truncated)
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Order | Filed: May 02, 2024 | Entered: May 02, 2024 Steptoe v. The City of Syracuse et al
Civil Rights: Other | New York Northern
Order Reassigning Case
TEXT ONLY ORDER REASSIGNING CASE. Case reassigned to Chief Judge Brenda K. Sannes for all further proceedings. Senior Judge Gary L. Sharpe no longer assigned to case. Authorized by Chief Judge Brenda K. Sannes on 5/2/2024. (Copy served via regular mail)(jel, )
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