Opinion

Halwani v. Brightside Health, Inc.

Court
District Court, E.D. New York
Filed
Sep 10, 2024
Cited by
0 cases
Authority
More cited than 31.6%

The opinion

United States District Court

Eastern District of New York

-----------------------------------X

Bouchara Halwani, et al.,

Plaintiffs, Order

- against - No. 23-cv-3686 (KAM) (PK)

Brightside Health, Inc.,

Defendant.

-----------------------------------X

Kiyo A. Matsumoto, United States District Judge:

Bouchara Halwani brought this wrongful death and medical

malpractice action individually and as representative of the

estate of her deceased daughter, Lara Halwani, against

Brightside Health, Inc. (“Brightside Health”), Brightside

Medical, P.C. (“Brightside Medical”), Beth Tafuri, LCSW, and

Lissa Goldstein, M.D. Ms. Halwani voluntarily dismissed her

claims against Brightside Medical, Dr. Tafuri, and

Dr. Goldstein, and she settled her claims against Brightside

Health. The Court approved the settlement in accordance with

Local Civil Rule 83.2(b). (ECF No. 50, Corr. Order; see also

Order, Aug. 7, 2024.) The defendants now move to seal

paragraphs 7 through 15 of Ms. Halwani’s affirmation in support

of her motion for settlement approval. (ECF No. 55-4, Defs.’

Mem. Supp. Mot. Seal Portions of Pl.’s Affirmations (“Mot.”);

see ECF Nos. 38, 39, 41, 43, Affirmation Supp. Mot. Approval of

Settlement (“Affirmation.”).

The public has a presumptive right of access to judicial

documents. Olson v. MLB, 29 F.4th 59, 87 (2d Cir. 2022). A

document is “judicial” if it would “reasonably have the tendency

to influence a district court’s ruling on a motion or in the

exercise of its supervisory powers, without regard to which way

the court ultimately rules or whether the document ultimately in

fact influences the court’s decision.” Id. at 89 (quoting Brown

v. Maxwell, 929 F.3d 41, 49 (2d Cir. 2019)). The weight of the

presumption depends on the “role of the material at issue” in

the exercise of the judicial power and the “resultant value of

such information to those monitoring the federal courts” Id. at

88–89 (quoting United States v. Amodeo, 71 F.3d 1044, 1049

(2d Cir. 1995)). A court may not seal a judicial document

unless the presumption is outweighed by a countervailing

interest. Id. at 88.

The defendants correctly concede that Ms. Halwani’s

affirmation, including the nine paragraphs at issue, is a

judicial document. (See ECF No. 58, Defs.’ Reply Supp. Mot.

Seal, at 1.) The affirmation was submitted in connection with

Ms. Halwani’s motion to approve the settlement between herself

and Brightside Health. Thus, it had at least a “tendency to

influence” the Court’s ruling on the motion regardless of the

extent to which it actually did. See Olson, 29 F.4th at 89

(quoting Brown, 929 F.3d at 49); F.P. ex rel. Paino v. Kimberly-

Clark Corp., No. 23-cv-5798 (HG), 2023 WL 6930677, at *3

(E.D.N.Y. Oct. 19, 2023) (holding that motion papers concerning

motion to approve infant compromise under Local Civil Rule

83.2(a) were “judicial documents because they were necessary for

the Court’s review of the parties’ proposed settlement”).

Accordingly, the presumption of public access applies to the

affirmation, including paragraphs 7 through 15.

The defendants argue, however, that paragraphs 7 through 15

of the affirmation enjoy only a “weak” presumption of public

access because they concern Ms. Halwani’s allegations against

the dismissed and non-settling defendants, not her allegations

against Brightside Health, and thus are “not necessary for the

public to understand . . . the reasons for the Court’s approval

of the settlement” between Ms. Halwani and Brightside Health.

(Mot. 6–7.)

The Court respectfully disagrees with the defendants’

argument. Here, the weight of the presumption of public access

is “relatively strong” because the motion to approve the

settlement “disposed of the parties’ case.” See Paino, 2023 WL

6930677, at *3. Even assuming that the information in

paragraphs 7 through 15 does not directly affect the merits of

Ms. Halwani’s claims against Brightside Health, it still

concerns named defendants and remains part of the course of

events that prompted this action. The information that the

defendants seek to keep sealed could have influenced how

discovery progressed and how the evidence was presented at

trial, which contextualizes the parties’ respective litigation

risks and thus the reasonableness of their settlement. See

Camac v. Long Beach City Sch. Dist., No. 09-cv-5309 (MKB) (GRB),

2012 WL 3277228, at *3 n.3 (E.D.N.Y. July 25, 2012) (finding

confidentiality interest outweighed by public right of access

and “interests in providing a fulsome exploration” of proposed

settlement), R&R adopted, 2013 WL 991355 (E.D.N.Y. Mar. 13,

2013).

The defendants further argue that any presumption of public

access is outweighed by the “privacy interests” of the non-

settling defendants. (Mot. 8–10.) The defendants articulate

these privacy interests only in conclusory fashion, however,

asserting simply that “the references to these dismissed

defendants” serve “merely to harass and embarrass them.” (See

id. 9–10.) A “fear of professional embarrassment” or

“[g]eneralized concern[s] of adverse publicity” cannot overcome

the relatively strong presumption of public access that applies

here. See Lumiere v. United States, No. 18-cv-9170 (BCM),

2019 WL 6338175, at *2 (S.D.N.Y. Nov. 27, 2019) (quoting

Bernsten v. O’Reilly, 307 F. Supp. 3d 161, 169 (S.D.N.Y. 2018)).

Though medical privacy can support sealing court filings in some

cases, the patient – not the provider – is the party with the

right to invoke that privacy interest. See ABC v. XYZ Corp.,

No. 18-cv-11653 (JGK) (JLC), 2019 WL 1292503, at *6 (S.D.N.Y.

Mar. 19, 2019) (denying defendants’ request to seal their

identities because “unlike [plaintiffs], [defendants] ha[d] no

medical privacy or protection of minors claim that would justify

a redaction of the business’s names”), R&R adopted, 2019 WL

1304466 (S.D.N.Y. Mar. 20, 2019).

The defendants next argue that the presumption of public

access is overcome because the statements in paragraphs 7

through 15 of Ms. Halwani’s affirmation are merely “conclusory,

unverified[,] and unsupported allegations.” (Mot. 10–11.)

Though public court filings “can be misleading,” courts still

must presume that they will be “understood for what they are.”

Brown, 929 F.3d at 52. Here, it is apparent to any reasonable

viewer of the docket that Ms. Halwani’s statements in paragraphs

7 through 15 of her affirmation were never subject to

adversarial testing and “do not reflect the [C]ourt’s own

findings.” See id. Those statements reflect only Ms. Halwani’s

view of the facts at the time she made a calculated decision to

resolve the case. The Court cannot act under the assumption

that a reader would take Ms. Halwani’s statements out of that

context.

Finally, the defendants argue that the presumption of

public access is overcome based on the parties’ confidentiality

provision in their settlement agreement. (Mot. 11–13.) But

“the mere fact that information is subject to a confidentiality

agreement between litigants is not a valid basis to overcome the

presumption in favor of public access to judicial documents.”

See Coleman v. Cty. of Suffolk, 174 F. Supp. 3d 747, 756

(E.D.N.Y. 2016) (quoting In re General Motors LLC Ignition

Switch Litig., No. 14-mc-2543 (JMF), 2015 WL 7574460, at *10

(S.D.N.Y. Nov. 25, 2015)).

Regardless of whether the defendants “may have an action

for breach of contract” based on Ms. Halwani’s “alleged failure

to adhere to [her] obligations under the confidentiality

agreement,” the Court “makes no finding whatsoever on that

question,” see Aioi Nissay Dowa Ins. Co. Ltd. v. ProSight

Specialty Mgmt. Co., Inc., No. 12-cv-3274 (JPO), 2012 WL

3583176, at *6 (S.D.N.Y. Aug. 21, 2012), nor does it retain

jurisdiction to resolve any disputes that may arise under the

parties’ settlement agreement regarding the confidentiality

provision or any other matter, see Kokkonen v. Guardian Life

Ins. Co., 511 U.S. 375, 382 (1994).

Accordingly, because the defendants have not established

that the presumption of public access to judicial documents is

overcome with respect to paragraphs 7 through 15 of

Ms. Halwani’s affirmation in support of her motion for

settlement approval, the defendants’ motion to seal is

respectfully denied.

So ordered.

ba,

Dated: September 10, 2024 f? a,

Brooklyn, New York we oe e+) Ltr

Kidda. Matsumoto

United States District Judge

Eastern District of New York

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.