Case 3:23-cv-02772-TLT Document 54 Filed 01/30/24 Page 1 of 4
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`BOIES SCHILLER FLEXNER LLP
`Joshua I. Schiller (SBN 330653)
`jischiller@bsfllp.com
`44 Montgomery Street, 41st Floor
`San Francisco, CA 94104
`Telephone: (415) 293-6800
`Facsimile: (415) 293-6899
`
`Benjamin Margulis (Admitted pro hac vice)
`bmargulis@bsfllp.com
`55 Hudson Yards, 20th Floor
`New York, NY 10001
`Telephone: (212) 446-2300
`Facsimile: (212) 446-2350
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`Counsel for Plaintiff Julia Bois
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
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`JULIA BOIS,
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` Plaintiff,
` v.
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`LEVI STRAUSS & CO.,
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` Defendant.
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` Case No. 3:23-cv-02772-TLT
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`DECLARATION OF JOSHUA I.
`SCHILLER IN SUPPORT OF
`DEFENDANT LEVI STRAUSS & CO.’S
`ADMINISTRATIVE MOTION TO
`CONSIDER WHETHER ANOTHER
`PARTY’S MATERIALS SHOULD BE
`SEALED
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`Judge: Trina L Thompson
`Date: March 26, 2024
`Time:
`2:00 p.m.
`Dept:
`9
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`Complaint Filed: June 5, 2023
`Trial Date:
`December 2, 2024
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`DECL. OF JOSHUA I. SCHILLER IN SUPPORT OF DEFENDANT’S ADMIN MOTION TO CONSIDER
`WHETHER ANOTHER PARTY’S MATERIALS SHOULD BE SEALED
`Case No. 3:23-cv-02772-TLT
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`Case 3:23-cv-02772-TLT Document 54 Filed 01/30/24 Page 2 of 4
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`DECLARATION OF JOSHUA I. SCHILLER
`I, Joshua I. Schiller, declare as follows:
`1.
`I am an attorney at Boies Schiller Flexner LLP, counsel to Plaintiff Julia Bois
`(“Plaintiff”). I make this declaration pursuant to Civil Local Rule 79-5(f) and in response to and
`in support of Defendant Levi Strauss & Co.’s (“Defendant”) Administrative Motion to Consider
`Whether Another Party’s Materials Should Be Sealed (“Sealing Motion”) (Dkt. 48.) I have
`knowledge of the facts stated herein from my personal knowledge and, if called as a witness, I
`could and would competently testify thereto.
`2.
`The parties in the above-captioned matter (“Action”) entered a Stipulated
`Protective Order (Dkt. 28) pursuant to which the parties may designate certain materials
`Confidential.
`3.
`As set forth in Defendant’s Sealing Motion and in Plaintiff’s Administrative
`Motion to File Under Seal (Dkt. 50), all of the depositions in this Action were designated
`Confidential at the time testimony was taken, and this designation was confirmed by Plaintiff in a
`letter sent to Defendant. As a result, Defendant’s Sealing Motion covers all three deposition
`transcripts—for the depositions of Plaintiff Julia Bois, Stacey Doren and Lauren Uchrin—and for
`certain exhibits to these depositions.
`4.
`Plaintiff maintains that all of these materials are confidential; but in the interest of
`narrowly tailoring the request to seal, Plaintiff hereby seeks to seal only the following portions of
`the Deposition of Julia Bois (“Bois Dep.”) and its related exhibits, all attached as Exhibit A to the
`Declaration of Victoria Morgan (“Morgan Decl.”) in support of Defendant’s Motion for Summary
`Judgment (the “Confidential Information”):1
`A. Bois Dep., Page 37, lines 14-19; page 39, lines 15-19; and page 40, line 5 to page
`46, line 7; which is testimony relating to Plaintiff’s private psychologist records,
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`1 Citations to the Bois Dep. herein refer to the original deposition page number identified as
`“Page” in the lower right corner of the document, not to be confused with the numbers associated
`with “Tab __, Page __” below that number and added by Defendants as part of their filing.
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`DECL. OF JOSHUA I. SCHILLER IN SUPPORT OF DEFENDANT’S ADMIN MOTION TO CONSIDER
`WHETHER ANOTHER PARTY’S MATERIALS SHOULD BE SEALED
`Case No. 3:23-cv-02772-TLT
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`Case 3:23-cv-02772-TLT Document 54 Filed 01/30/24 Page 3 of 4
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`including diagnoses and treatment from (and conversations with) her
`psychologists.
`B. Exhibit 502 to the Bois Dep., JB_PROD_000130–000132, which are a set of
`handwritten notes belonging to Ms. Bois’ psychologist regarding their meetings
`and her treatment.2
`C. Bois Dep., Page 90, lines 8-19, which is testimony that divulges the names of Ms.
`Uchrin’s and Plaintiff’s minor children.
`There are compelling reasons the Confidential Information should remain under
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`5.
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`seal.
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`6.
`First, as to items 4(A) and 4(B) (relating to Ms. Bois’ medical treatment),
`documents containing “specific medical information” may be filed under seal. Domingo v.
`Brennan, 690 Fed. Appx. 928, 930 (9th Cir. 2017). Indeed, there is a compelling reason to keep
`medical records under seal as they are deemed confidential under the Health Insurance Portability
`and Accountability Act of 1996 (“HIPAA”). Pratt v. Gamboa, No. 17-CV-04375-LHK, 2020 WL
`8992141, at *2 (N.D. Cal. May 22, 2020) (citing San Ramon Reg’l Med. Ctr., Inc. v. Principal
`Life Ins. Co., No. 10-cv-02258-SBA, 2011 WL 89931, at *1 n.1 (N.D. Cal. Jan. 10, 2011)
`(sealing, sua sponte, medical records on the basis of confidentiality under HIPAA)); see also Liaw
`v. United Airlines, Inc., No. 19-CV-00396-WHA, 2019 WL 6251204, at *10 (N.D. Cal. Nov. 22,
`2019). Pratt confirms: “Courts routinely conclude that the need to protect medical privacy
`qualifies as a compelling reason for sealing records.” 2020 WL 8992141, at *2.
`7.
`As in Pratt, the records Plaintiff seeks to preserve as to sealing are narrowly
`tailored, including only “the portions of deposition testimony that discuss those medical
`records . . . .” Id.
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`2 By this Declaration pertaining to Defendant’s MSJ, Plaintiff does not waive any right and/or
`argument with respect to other portions of documents referenced herein, given that Defendant’s
`MSJ cites to certain pages of transcripts and documents that are Confidential in their entirety,
`including Exhibit 502. Plaintiff also reserves her rights as to other documents or materials
`designated Confidential that may not currently (or ever) be cited in the MSJ.
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`DECL. OF JOSHUA I. SCHILLER IN SUPPORT OF DEFENDANT’S ADMIN MOTION TO CONSIDER
`WHETHER ANOTHER PARTY’S MATERIALS SHOULD BE SEALED
`Case No. 3:23-cv-02772-TLT
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`Case 3:23-cv-02772-TLT Document 54 Filed 01/30/24 Page 4 of 4
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`8.
`In order to pursue her claims, Plaintiff had to produce and divulge in deposition a
`limited amount of information related to her psychological records. All such information or
`records were designated Confidential pursuant to the Protective Order. However, this does not
`dispose of her rights under HIPAA or general privacy concerns with regard to the greater public.
`These concerns remain a compelling reason to maintain the seal on those records. See, e.g., id.
`9.
`Moreover, in the case of Exhibit 502 (identified in 4(B) above), mere redaction is
`insufficient and inappropriate. The document consists entirely of private psychologists’ notes,
`meaning that making any portion of it public would harm Plaintiff’s privacy interests described
`above. For the same reason, the portions of the Bois Dep. transcript identified in 4(A) cannot be
`further reduced, as the testimony pertains only and specifically to the aforementioned Exhibit 502
`(the notes).
`10.
`As to item 4(C) (relating to and referencing the names of Plaintiff’s minor children,
`as well as the names of the children of Defendant’s employee, Lauren Uchrin): Pursuant to Fed.
`R. Civ. P. 5.2(a), “the name of an individual known to be a minor” must be redacted. See Meyers
`v. Kaiser Found. Health Plan Inc., No. 17-CV-04946-LHK, 2019 WL 120657, at *2 (N.D. Cal.
`Jan. 6, 2019).
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` swear under penalty of perjury under the laws of the State of California that the
`foregoing is true and correct.
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`Executed this 30th day of January 2024, at San Francisco, California.
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`By: /s/ Joshua I. Schiller
`Joshua I. Schiller
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`DECL. OF JOSHUA I. SCHILLER IN SUPPORT OF DEFENDANT’S ADMIN MOTION TO CONSIDER
`WHETHER ANOTHER PARTY’S MATERIALS SHOULD BE SEALED
`Case No. 3:23-cv-02772-TLT
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