The opinion
KAPLAN HECKER & FINK LLP REI
June 20, 2023
VIA ECF
The Honorable Katherine Polk Failla
United States District Court MEMO ENDORSED
40 Foley Square, Room 2103
New York, NY 10007
Re: Doe v. New York University, No. 23 Civ. 1307 (KPF)
Dear Judge Failla:
We write on behalf of Defendants New York University (“NYU”), Ezra Sacks, and Craig
Jolley to request permission to file one partially redacted exhibit and one fully sealed exhibit as part
of Defendants’ Motion to Dismiss the First Amended Complaint. See Individual Rules of Practice in
Civil Cases 9(B) & 9(C)(1). Plaintiff consents to this request.
Exhibit A to the Declaration of Gabrielle E. Tenzer contains the letter that Defendant Jolley
and another NYU employee provided to Plaintiff dated July 27, 2022. Because the Court has
“prohibit[ed] Defendants from publicly identifying Plaintiff, in court filings or otherwise,” ECF 11,
Defendants seek to redact Plaintiff's name from the publicly filed version of that letter.
Exhibit B to the Declaration of Gabrielle E. Tenzer contains Plaintiffs official NYU
transcript. Because Exhibit B includes Plaintiff's name, his birthdate, his student ID, the classes he
took, and the grades he received, even a partially redacted version would risk “publicly identifying
Plaintiff,’ ECF 11, at least to some members of the public. Filing the transcript under seal is thus
“narrowly tailored to serve th[e] interest” of compliance with the pseudonymity order. United States
v. Erie Caty., N.Y., 763 F.3d 235, 239 (2d Cir. 2014) (quoting Lugosch v. Pyramid Co. of Onondaga,
435 F.3d 110, 120 (2d Cir. 2006)).
Respectfully submitted,
ce: Counsel of Record (via ECF) Roberta A. Kaplan
Application GRANTED. The Clerk of Court is directed to terminate
the pending motion at docket number 35.
Dated: June 21, 2023 SO ORDERED.
New York, New York . Se
Kithira Palle (iho