Phillips v. Porter
- Gabriel Gorenstein
- 1:21-cv-09178
- U.S. District Court · Southern District of New York
- 2
In Phillips v. Porter, Judge Gardephe granted the request to seal an administrative record containing a minor’s name and disability information.
The ruling affects access to the administrative record concerning the minor student identified as S.H., as well as the parties to the IDEA action.
What happened
Phillips et al. v. Porter et al. is an action under the Individuals with Disabilities Education Act involving a minor student identified as S.H. The defendants asked to file the underlying administrative record under seal, with the plaintiffs’ counsel’s consent.
The defendants said the record contained S.H.’s name, birth date, other identifying information, medical history, disabilities, and educational records. They argued that these details were confidential and that protecting S.H.’s privacy outweighed the public’s interest in accessing the record.
The court granted the application to seal the administrative record because it referred to the minor’s name and disability. The order was signed by Judge Paul G. Gardephe.
The detailed version
- Phillips v. Porter · No. 1:21-cv-09178
- Gabriel Gorenstein
- Mar. 10, 2022
Background
The action concerns a minor student, identified as S.H., and was brought under the Individuals with Disabilities Education Act. The defendants, represented by the New York City Law Department, asked for permission to file the certified administrative record under seal. The request was made with the consent of plaintiffs’ counsel.
Request to Seal
The defendants stated that the administrative record included hearing transcripts, exhibits, educational records, and medical records. According to the request, the materials contained S.H.’s name, date of birth, other identifying information, medical history, disabilities, and educational history. The defendants also stated that the underlying administrative proceeding was presumptively closed to the public.
The defendants argued that sealing was warranted under the standard governing access to court records because protecting S.H.’s privacy was a compelling reason that outweighed the public’s interest in access. The opinion text does not describe any opposition to the request; it states that the plaintiffs’ counsel consented.
Ruling
The court granted the application to seal the administrative record, stating that the record referred to the minor’s name and disability. Judge Paul G. Gardephe entered the order on March 10, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.