The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JOE SIMON-WHELAN,
Plaintiff,
No. 07-CV-06423-LTS
-v-
THE ANDY WARHOL FOUNDATION FOR
THE VISUAL ARTS, INC. ET AL.,
Defendants.
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ORDER
The Court received a letter dated November 10, 2025, from counsel for Plaintiff,
which has been filed at docket entry no. 131 (the “2025 Letter”). The letter refers to certain
exhibits submitted by Plaintiff in connection with a letter dated November 5, 2010, at docket
entry no. 130 (the “2010 Letter”). These exhibits were not digitized and linked to the docket but
were deposited in the Court’s Open Records Room. Because the 2010 Letter was filed after all
claims in the case had been dismissed pursuant to a settlement stipulation (docket entry nos. 124,
127), no action was taken on the matters addressed in the letter and, thus, none of the documents
submitted with the letter appear to be “judicial documents,” see Lugosch v. Pyramid Co. of
Onondaga, 435 F.3d 110, 119 (2d Cir. 2006). According to Plaintiff’s 2025 Letter, many or all
of the documents submitted with the 2010 Letter had been designated as “confidential” during
discovery, pursuant to the Stipulation and Order Regarding Confidential Information filed at
docket entry no. 59. In light of such designations and because none of the submitted documents
appears to be subject to the presumption of public access relating to “judicial documents,” the
Clerk of the Court is directed to remove those documents from the Open Records Room and file
them under seal. Any objection to indefinite continuation of such sealing must be made in
writing and filed within 21 days of the date of this order.
SO ORDERED.
Dated: New York, New York
November 18, 2025
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge