Jacquety v. Tena Baptista

Background

Respondent Tena Baptista submitted a letter motion under Federal Rule of Civil Procedure 5.2, a prior protective order, and the court’s filing rules for redactions and sealed documents. The request concerned redacted portions of an opposition to a motion seeking to exclude testimony from Drs. B.J. Cling and Megan Goslin, sealed exhibits supporting that opposition, and Tena Baptista’s pretrial brief.

The requested sealed materials included reports and submissions by Dr. Peter Favaro, Dr. B.J. Cling, and Dr. Megan Goslin. According to the letter, the materials discussed E.J., a minor, in detail and sometimes revealed her identity. They also contained sensitive personal information about the medical care and health treatment of E.J. and Tena Baptista. Tena Baptista stated that most or all of the materials had been designated confidential under the protective order and that Jacquety did not oppose the motion.

Arguments

Tena Baptista argued that continued sealing was consistent with the Second Circuit’s decision in Lugosch v. Pyramid Co., which requires specific findings showing that sealing is essential to protect higher values and is narrowly tailored. The letter also relied on earlier orders sealing related materials and argued that the documents were not pleadings, which generally receive a stronger presumption of public access.

Disposition

The document ends with “SO ORDERED,” dated December 28, 2020, and signed by United States Magistrate Judge Robert W. Lehrburger. The provided text does not include a separate statement using “granted,” “denied,” or another specific disposition term. It therefore establishes that the court entered the signed order but does not clearly state the precise ruling on the letter motion.