Times v. Success Academy Charter Schools, Inc.

Document and request

The provided text is a letter from Avallone & Bellistri, through attorney Rocco G. Avallone, to Judge Denise Cote. The letter states that the firm represents Jerald Times and asks for permission to file under seal and in camera—a submission for the court’s review without public access—the declaration of Rocco G. Avallone and supporting exhibits. The materials were submitted in support of the firm’s motion for permission to withdraw as Times’s counsel.

The letter also asks the court to excuse the firm from serving the declaration on the other parties or their counsel.

Reasons given

Counsel states that the declaration contains descriptions and copies of communications between Times and Avallone & Bellistri. According to the letter, those communications concern the attorney-client relationship and implicate attorney-client privilege and the work-product doctrine, which generally protect certain confidential lawyer-client communications and materials prepared for litigation.

Counsel argues that the request is narrowly limited to the declaration and exhibits. The letter says that the publicly filed memorandum supporting the withdrawal motion summarizes the grounds for withdrawal at a more general level, while giving the parties and public an understanding of those grounds. Counsel therefore argues that the confidentiality interests outweigh the presumption that court filings should be publicly accessible.

Authorities cited

The letter cites decisions and a committee note concerning sealed or in-camera submissions in motions to withdraw as counsel, including authorities from the Southern and Eastern Districts of New York. It also cites Lugosch v. Pyramid Co. of Onondaga for the standard concerning the public’s access to judicial documents.

Disposition

The provided text ends with counsel’s request that the court grant permission to seal the declaration. It does not contain an order or state whether Judge Denise Cote granted or denied that request. Accordingly, the text does not show a ruling on the sealing request or on the motion to withdraw.