Rotger v. Montefiore Medical Center

Background Counsel for the plaintiff wrote to the court on behalf of both parties. The plaintiff was prosecuting the matter as administratrix of Nelson Rotger under Letters of Limited Administration, which limited her ability to resolve the case without approval from the Surrogate’s Court. The letter stated that the parties had agreed for more than a year on a confidential resolution, but had not been able to execute the settlement agreement because of those limitations.

The plaintiff had asked the Surrogate’s Court to approve the settlement, with the defendant and all heirs consenting. She also sought to file redacted documents and seal the unredacted versions. According to the letter, a court attorney at the Surrogate’s Court had expressed skepticism about sealing and raised the possibility that the settlement amount could become public. The parties also reported substantial COVID-19-related delays in the Surrogate’s Court’s consideration of the sealing request and settlement-approval petition.

Parties’ Request The parties asked this court to enter an order requiring the settlement terms to remain confidential. They stated that the settlement’s confidentiality was important to them and had been a material part of the resolution mediated by Magistrate Judge Robert W. Lehrburger. They also stated that, if this court approved and entered the agreement under seal, they would comply with it independently of the Letters of Limited Administration.

Court’s Action Judge Woods ordered a conference call for July 31, 2020, at 4:00 p.m. to discuss the parties’ request. He directed the parties to use the conference information and access code identified in the court’s emergency rules issued in light of COVID-19 and specifically directed them to comply with Emergency Rule 2(C). The order did not approve or reject the settlement, decide the sealing request, or enter the requested confidentiality order.