giuffre-maxwell
gov.uscourts.nysd.447706.1213.0
18 pg
…criminal proceedings, Maxwell instead
criticizes the court-ordered unsealing process generally, claiming that the unsealing process has
been weaponized against her and that the media has not “served the function of ‘monitoring the
federal courts.’” Maxwell Br. at 2. Maxwell…
giuffre-maxwell
gov.uscourts.nysd.447706.1062.0
7 pg
…Record (19 Civ. 3377 (LAP))
3
This highlights yet another issue regarding Dershowitz’s request – namely, that he
provides no suggestion as to how the host of interested parties in Maxwell may monitor and, as
necessary, object to Dershowitz’s…
giuffre-maxwell
gov.uscourts.nysd.447706.977.1
25 pg
…2d Cir. 2017)
(explaining that, in considering whether the report of a monitor charged with
assessing compliance with a deferred prosecution agreement is a judicial
14
Case
Case
1:15-cv-07433-LAP
16-3945, Document
Document
315-2, 08…
giuffre-maxwell
gov.uscourts.nysd.447706.1218.50
15 pg
…The courts are presumptively
public, and the public has a right to monitor the judicial process—particularly as concerns Ms.
Giuffre’s accusations, which her own attorneys have argued (in opposing restrictions on public
access to court filings detailing them…
giuffre-maxwell
gov.uscourts.nysd.447706.995.0
11 pg
…such
3
Case 1:15-cv-07433-LAP Document 995 Filed 10/02/19 Page 5 of 11
evidentiary and discovery matters can cause substantial harm. Such materials are
therefore of value to those monitoring the federal courts. Thus…
giuffre-maxwell
gov.uscourts.nysd.447706.364.0
32 pg
…weight afforded to the presumption of access is “governed by the role of the material at issue
in the exercise of Article III judicial power and the resultant value of such information to those
monitoring the federal courts.” Lugosch v…
giuffre-maxwell
gov.uscourts.nysd.447706.955.0
43 pg
…presumption of access, which is a function of "the role
of the material at issue in the exercise of Article III judicial
power" and "the resultant value of such information to those
monitoring the federal courts." See id.; Stern v…
giuffre-maxwell
gov.uscourts.nysd.447706.946.0_1
14 pg
…marks omitted).
This presumption is grounded in principles of transparency and government
accountability. As recognized by the Second Circuit:
[P]rofessional and public monitoring is an essential feature of
democratic control. Monitoring both provides judges with critical
views of their…
giuffre-maxwell
gov.uscourts.nysd.447706.406.0
31 pg
…of access. “[T]he presumption of access must be governed by the role
of the material at issue in the exercise of Article III judicial power and the resultant value of such
information to those monitoring the federal courts. Generally…
giuffre-maxwell
gov.uscourts.nysd.447706.1010.0
3 pg
…access that should be accorded it. The
weight accorded a judicial document depends upon its role “in the exercise of
Article III judicial power and the resultant value of such information to those
monitoring the federal courts.” Id. at 49…
giuffre-maxwell
gov.uscourts.nysd.447706.604.0
11 pg
…s plight. However, when the Article III power
of the Court is invoked, “access to testimony and documents” makes monitoring necessary to
instill in the public “confidence in the conscientiousness, reasonableness, or honesty of judicial
proceedings.” United States v. Amodeo…
giuffre-maxwell
gov.uscourts.nysd.447706.57.3
39 pg
…which applies to regulation 5(3), provides that the Safety Management
System issue shall address monitoring performance and ‘the mechanisms for
investigation and taking corrective action in the case of non compliance’ (paragraph
4(f)). Paragraph 4(f) also provides…
giuffre-maxwell
gov.uscourts.nysd.447706.1351.0
32 pg
…omitted). Thus, we have held jurisdiction lacking
to review “postjudgment discovery orders,” but available to review
“postjudgment orders denying motions for recusal” or for “disqualif[ication
of] a court-appointed monitor” because in the first scenario the “relevant
final decision . …
giuffre-maxwell
gov.uscourts.nysd.447706.968.0_1
26 pg
…2d Cir. 2017)
(explaining that, in considering whether the report of a monitor charged with
assessing compliance with a deferred prosecution agreement is a judicial
14
Case
Case
1:15-cv-07433-RWS
18-2868, DocumentDocument
217-1, 07/03…
giuffre-maxwell
gov.uscourts.nysd.447706.978.0
27 pg
…2d Cir. 2017)
(explaining that, in considering whether the report of a monitor charged with
assessing compliance with a deferred prosecution agreement is a judicial
14
Case
Case
1:15-cv-07433-LAP
18-2868, DocumentDocument
273-2, 08/09…
giuffre-maxwell
gov.uscourts.nysd.447706.993.0
28 pg
…2019). Because “erroneous judicial
decision-making with respect to such evidentiary and discovery matters can cause substantial
harm,” the documents are “of value ‘to those monitoring the federal courts’” and “subject to at
least some presumption of public access.” Id…
giuffre-maxwell
gov.uscourts.nysd.447706.1005.0
6 pg
…. to those
monitoring the federal courts,” id., as there is nothing judicial to see there.
To whatever extent a lapsed motion notwithstanding Brown and Amodeo I might
achieve the status of a negligibly judicial document merely by acquiring a file…
giuffre-maxwell
gov.uscourts.nysd.447706.944.0
11 pg
…of that presumption; that
determination is “governed by the role of the material at issue in the exercise of Article III
judicial power and the resultant value of such information to those monitoring the federal
courts.” Id. The information generally…
giuffre-maxwell
gov.uscourts.nysd.447706.936.0
21 pg
…that the weight of the presumption
is a function of: "(1) the role of the material at issue in the exercise of Article III judicial power
and (2) the resultant value of such information to those monitoring the federal courts…
giuffre-maxwell
gov.uscourts.nysd.447706.589.0
24 pg
…must be governed by the role of the material at issue in the exercise of
Article III judicial power and the resultant value of such information to those monitoring the
11
“This is a case concerning sex abuse of minors…
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