Kulick v. Gordon Property Group LLC

Background

Annette Kulick is opposing the defendants’ motion for summary judgment in her employment case. She asked for permission to file exhibits designated GPG_0069467 through GPG_0071813 under seal. The exhibits contain more than 2,000 pages of emails from Defendant Mark Borteck’s work email account, including graphic nudity, depictions of sexual acts, sexual solicitations, and notifications from adult websites.

The request states that Kulick encountered numerous emails connected to dating and pornographic websites while searching Borteck’s computer for work. According to the request, she objected to the emails, told Borteck that the material was inappropriate and offensive, and later complained to a colleague. Kulick said the volume of the emails supported her testimony that she saw hundreds of inappropriate emails and had to view them every day.

Sealing Request

Kulick argued that the exhibits were central to her hostile work environment claim and rebutted the defendants’ characterization of the material as a one-time, isolated, inadvertent incident. She argued that the graphic details and images were not necessary for the public to understand the case, even though the existence and general nature of the emails were relevant. The defendants opposed the request and argued that the documents did not merit sealing.

Ruling

Judge Katherine Polk Failla granted the application. The order directs Plaintiff Kulick to file the described exhibits under seal. This order addressed only the filing of the exhibits and did not rule on the merits of Kulick’s employment claims or the defendants’ motion for summary judgment.