Case 1:25-cv-01258-PTG-IDD Document 84 Filed 09/18/25 Page 1 of 8 PagelD# 422
`
`Memorandum in Support of Motion to Redact Personal Identifying
`Information
`
`Kim v. OpenAl, Inc,, et al. O R A T
`Case No. 1:25-cv-01258-PTG-IDD
`U.S. District Court, Eastern District of Virginia (Alexandria Division)
`
`1. Introduction
`
`Plaintiff respectfully submits this memorandum in support of her Motion to Redact Personal
`Identifying Information [Dkt. 69], pursuant to Fed. R. Civ. P. 5.2.
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`This motion is not theoretical: Plaintiff’'s personal phone number has already been accessed
`and used by opposing counsel, creating a concrete risk of continued harm.
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`2. Factual Background
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`¢ Direct Contact (Sept. 5, 2025): Counsel for Amazon, Ms. Elana Nightingale Dawson
`(Latham & Watkins), left a voicemail on Plaintiff’s personal cell phone referencing
`this litigation.
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`¢ Follow-Up Email (Sept. 5, 10:30 PM): Same counsel emailed Plaintiff after
`business hours, copying multiple defense counsel (Microsoft, Google, Anthropic),
`thereby further circulating Plaintiff’s contact information.
`
`¢ Plaintiff's Response (Sept. 6): Plaintiff declined phone contact and requested that
`all communication remain in writing via the docket or email.
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`e Prior Outreach (Aug. 28): Meta’s counsel similarly attempted direct outreach,
`reinforcing the risk of repeated exposure.
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`3. Legal Standard
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`¢ Rule 5.2(a): Requires redaction of personal identifiers (addresses, phone numbers,
`etc.) from filings.
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`e Courts emphasize protecting pro se litigants from harassment and imbalance. See
`Doe v. Public Citizen, 749 F.3d 246, 273 (4th Cir. 2014).
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`Case 1:25-cv-01258-PTG-IDD Document 84 Filed 09/18/25 Page 2 of 8 PagelD# 423
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`4. Argument
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`1. Actual Risk Shown. Plaintiff's private number has already been used for direct
`contact by opposing counsel.
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`2. Risk of Harassment & Imbalance. A single pro se litigant faces nine multinational
`defendants. Late-night phone calls and mass-copied emails amplify this imbalance.
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`3. No Prejudice to Defendants. Defendants lose nothing—Plaintiff will promptly
`respond to all written communications. Redaction simply safeguards privacy and
`preserves judicial integrity.
`
`5. Conclusion
`For the foregoing reasons, Plaintiff respectfully requests that the Court:
`
`e Grant Plaintiff's Motion to Redact Personal Identifying Information [Dkt. 69];
`and
`
`e Order that Plaintiff's personal phone number and similar identifiers be
`redacted from all filings.
`
`e Only this Court can prevent further misuse by ensuring redaction of Plaintiff’s
`personal identifiers.
`
`Respectfully submitted,
`
`Dated: September 17,2025
`/s/ Su-Mi Kim (A
`Plaintiff, Pro S
`
`Exhibit Index
`
`Phone numbers and other personal identifiers have been partially redacted pursuant to Fed.
`R.Civ.P.5.2.
`
`Exhibit A - Transcript of Voicemail Message from Amazon Counsel
`Date: September 5, 2025 - 8:15PM (ET)Elana N. Dawson.
`
`(0:00) Hi, Ms. Kim. My name is Alana Nightingale Dawson. I am an attorney for Amazon in
`the (0:08) lawsuit that you filed in the Eastern District of Virginia, case number 25-CV1258.
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`Case 1:25-cv-01258-PTG-IDD Document 84
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`Filed 09/18/25
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`Page 3 of 8 PagelD# 424
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`I am calling (0:17) because we intend to file a motion to dismiss on Monday on behalf of
`several defendants. (0:23) My number at my office is 202-637-2303. My cell is 2XX-7XX-
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`XXXX.
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`I wanted to talk to you both (0:35) about the relief that we are planning to seek in the
`motion as well as the scheduling of the (0:39) hearing. If you could give me a call back at
`your earliest convenience, I'm available to talk this (0:43) evening, this weekend, and on
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`Monday. Again, my number is 202-637-2303 and my cell is 2XX-7XX-XXXX.
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`(0:54) Thank you. Bye-bye.
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`- Exhibit B: Plaintiff's September 6, 2025 written response declining phone calls and
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`requesting written-only communication.
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`Exhibit A-2: Missed Call Screenshot (9/5, 8:15pm)
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`3@
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`LATHAM WATKINS
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`+ Add to Con... @ Add tag
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`Exhibit A-3: Counsel’s Email (9/5, 10:27pm)
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`Kim v. OpenAl Inc,, et al. - No. 25-cv-1258 (E.D.V.A.)
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`Inbox
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`Elana.NightingaleDawson@lw.com
`
`Sep 5, 2025,
`10:27 PM (13
`days ago)
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`Qase 1:25-cv-01258-PTG-IDD Document 84 Filed 09/18/25 Page 4 of 8 PagelD# 425
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`to me, lweingarten, brian.coleman, lora.brzezynski, abarnes, dweslow, cailyn.reilly.knapp, Andrew.Gass, Sy.Da
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`Ms. Kim,
`
`I am counsel for Amazon.com, Inc. in the above-captioned matter. I am writing to follow up
`on my voicemail seeking to confer regarding Amazon.com, Inc.’s forthcoming motion to
`dismiss, which intend to file on Monday. I understand defendants Microsoft Corporation,
`Google LLC, and Anthropic PBC may file or join such motion and, as such, I have CC'd their
`counsel on this correspondence. Please call me at your earliest convenience. I am available
`at 202-637-2303 or 213-703-8628.
`
`Thank you.
`
`Elana
`
`Elana Nightingale Dawson | LATHAM & WATKINS LLP
`555 Eleventh St.,, NW Suite 1000 | Washington, DC 20004
`
`Tel: 202-637-2303 | Cell: 213-703-8628 | Fax: 202-637-2201 | http://www.lw.com
`
`This email may contain material that is confidential, privileged and/or attorney work
`product for the sole use of the intended recipient. Any review, disclosure, reliance or
`distribution by others or forwarding without express permission is strictly prohibited. If
`you are not the intended recipient, please contact the sender and delete all copies including
`any attachments.
`
`Latham & Watkins LLP or any of its affiliates may monitor electronic communications sent
`or received by our networks in order to protect our business and verify compliance with
`our policies and relevant legal requirements. Any personal information contained or
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`C_ase 1:25-cv-01258-PTG-IDD Document 84 Filed 09/18/25 Page 5 of 8 PagelD# 426
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`referred to within this electronic communication will be processed in accordance with the
`firm's privacy notices and Global Privacy Standards available at www.lw.com.
`
`[Message clipped] View entire message
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`€« B O B o ¢ ) =
`Kim v. OpenAl Inc., et al. - No. 25-cv-1258 (E.DV.A.) oo - X e .
`Elana.NightingaleDawson@iw.com @ O « i
`s, m,
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`19 counse! for Amazon.com, Inc. in the above-captioned matter. 1 3m wiiting 10 follow up 0n my voemad seeking 10 confer regarding Amazon com, Inc.'s forthcoming motion 1o disewss, which intend to e on Monday. | understand defendants
`Mirosoft Corporanen, Google LLC, and Anthropic PEC may Me o join such motion and, a5 such, | Nave CC'd thew counsel on this comespondence. Please cal me at your eariest comvenience. | am svadable at 202-637-2303 or 213-703-8628.
`
`Thank you.
`Elana
`
`| ATHAM &
`
`This orma may contain material that is confidential privieged andior sBomey work product for the 5ok Use of the intended reciieet Any review decioture. rekance o distibuton by others of forwarding without €x37e89 Permiseion is suicty profibted I you
`are not the intended recipient. please contact the sender and delete all coples including any stachments
`
`Latham & Watkins LLP or any of s aSiates may monfior sleciiont COMMUniCations sent of receivad by ous netwarks in order 1o protect cur business and verfly compllance with our pokcies and rebevant legal requirements. Ay parsonal information contained
`o referred 10 within 15 electronic communication will be processad in accordance with T Sy privacy notices and Gicbal Privacy Standards avalable at w b Lom
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`°..-um- = o . Teot 2 o o @ w
`Dear Ms. Dansen.
`Thark you for your voicemal and emal regarding Amazon com, lac 's forthcoming mation fo dismins.
`
`As 3 pro 59 plainti | respectiully request that 3 communication procesd In writing 10 ensure 3 Clear and accurate record | previously receved 3 simitar outreach om Counsel for Meta last week. and for consistency | wil continue 10 respond in wrting to a8
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`Exhibit A-4: Plaintiff's Written Response (9/6, 6:38am)
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`Qase 1:25-cv-01258-PTG-IDD Document 84 Filed 09/18/25 Page 6 of 8 PagelD# 427
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`sumi kim <healingwaveva@gmail.com> Sep 6, 2025,
`6:38 AM (12
`days ago)
`
`to Elana.NightingaleDawson
`
`Dear Ms. Dawson,
`
`Thank you for your voicemail and email regarding Amazon.com, Inc.’s forthcoming motion
`to dismiss.
`
`As a pro se plaintiff, I respectfully request that all communication proceed in writing to
`ensure a clear and accurate record. I previously received a similar outreach from counsel
`for Meta last week, and for consistency, I will continue to respond in writing to all parties.
`
`I will carefully review any positions submitted in writing and through the Court’s filing
`system, and I remain committed to addressing these matters in accordance with the Court’s
`procedures.
`
`Respectfully,
`
`Sumi Kim (ARI)
`
`Pro Se Plaintiff
`
`Eastern District of Virginia
`
`Case No. 1:25-cv-01258-CMH-IDD
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`DearMs Dawson
`Thank you for your voicemal and emad regarding Amazon com, Inc. s forthcoming mofion to dismiss.
`
`As a pro se plaint, | respectiully request that all communication proceed in wriing 1o ensure a clear and accurate record | previously received a similar outreach fom counsal for Meta last week. and for consistency, | will continue 10 respond in wriling to 2l
`parties
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`1l carsfull review any posifons submitied in writng and through the Courts fing system, and | remain committed to addressing these matters in accordance vith the Courts procedures
`
`Respectiully
`
`Sumi Kim (4R
`
`Pro Se Plaingt
`
`Eastern District of Vigina
`
`Case No. 125-cv-01258-CNH-DD
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`& Reply || o Forward | ©
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`Case 1:25-cv-01258-PTG-IDD Document 84 Filed 09/18/25 Page 7 of 8 PagelD# 428
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`Exhibit B - Email from Meta Counsel (August 28, 2025) - provided for
`reference only; Plaintiff previously waived related Motion 30
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`Su-Mi Kim v. OpenAl, Inc. et al,, No. 1:25-cv-01258-CMH-IDD
`
`Inbox
`
`Levin, Melissa <melissalevin@orrick.com> Thu, Aug
`28,
`11:57A
`M
`
`to me, Jacob, Sarah
`
`Good morning,
`
`Orrick was just retained to represent Meta Platforms, Inc. in connection with your
`lawsuit, Su-Mi Kim v. OpenAl, Inc. et al.,, No. 1:25-cv-01258-CMH-IDD. We are just
`now getting up to speed on the allegations and would appreciate a 30-day
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`2025 to October 6, or another
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`L0 DXL 10 DOIG X O JCPLCINIOEE O
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`date that you propose.
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`Please let us know asap if you agree to the extension. In return, we are happy to set
`a briefing schedule so you have more time to respond to our anticipated motion to
`dismiss.
`
`We are also happy to hop on a call to discuss.
`
`Best,
`
`Melissa
`
`
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`Case 1:25-cv-01258-PTG-IDD Document 84 Filed 09/18/25 Page 8 of 8 PagelD# 429
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`Melissa Levin
`
`Managing Associate
`
`Pronouns: She/her/hers
`
`San Francisco
`T +1-415-773-5799
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`M +1-415-497-9064
`melissalevin@orrick.com
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