giuffre-maxwell
gov.uscourts.nysd.447706.1312.0
9 pg
…somewhat lesser than that afforded to dispositive motions, is still
substantial. See id. at 53.
Doe 133 asserts that there is little to no public value in the documents, as they are,
according to Doe 133, untrue and unreliable. Obj…
giuffre-maxwell
gov.uscourts.nysd.447706.1105.0
8 pg
…be
reluctant to participate in this unsealing protocol. Aside from the complex merits-assessment of
the strength of any proffered objection, making any submission to this Court entails obvious risk
Case 1:15-cv-07433-LAP Document 1105 Filed…
giuffre-maxwell
gov.uscourts.nysd.447706.1073.0
22 pg
…embarrassing” items contained in DE 143 and its related documents to
which Ms. Maxwell asserts this countervailing interest are:
12
Case 1:15-cv-07433-LAP Document 1073 Filed 07/01/20 Page 13 of 22
These annoying, embarrassing…
giuffre-maxwell
gov.uscourts.nysd.447706.1328.28
24 pg
…manner that, without revealing information itself
may move the court for the district where compliance is required for an privileged or protected, will enable the parties to assess the claim.
order compelling production or inspection. (B) Information Produced. If information…
giuffre-maxwell
gov.uscourts.nysd.447706.1200.11_1
21 pg
…Federal Rules of Civil
Procedure provides that the court may impose a range of sanctions, including dismissal or
judgment by default, preclusion of evidence, imposition of an adverse inference, or assessment
of attorneys' fees and costs. Fed. R. Civ. P…
giuffre-maxwell
gov.uscourts.nysd.447706.1021.0
18 pg
…it would indicate that in the column.
23 So, we have started that project in assessing this
24 thinking that would be beneficial to the Court. We need a
25 little bit more time to complete it but I think…
giuffre-maxwell
gov.uscourts.nysd.447706.1220.0
17 pg
…criminal case. She has incorporated these previously
11 made arguments by reference in her briefing of the motions at
12 issue today. She also asserts that media coverage of unsealed
13 documents has not served the purpose of, quote, "monitoring…
giuffre-maxwell
gov.uscourts.nysd.447706.1250.0
7 pg
…it is the Court’s role to assess the
reliability of the materials and claims at issue.
3
Intervenors discount the possibility that revealing third-party information may have the secondary effect of
revealing information about child abuse victims – even…
giuffre-maxwell
gov.uscourts.nysd.447706.1059.0
3 pg
…2020). Mr. Dershowitz asserts none of these grounds for
revisiting the Court’s ruling from two and a half years ago.
Mr. Dershowitz plowed some of this ground himself. In August 2016 he moved in the
alternative to modify the…
giuffre-maxwell
gov.uscourts.nysd.447706.1330.6
10 pg
…Epstein asserts and certifies that each of these terms is
material to this agreement and is supported by independent comideration and that a breach
of any one of these conditions allows the United States to elect to terminate the agreement…
giuffre-maxwell
gov.uscourts.nysd.447706.1330.11
12 pg
…the Federal Rules of Civil Procedure provides
that the court may impose a range of sanctions, including dismissal or judgment by default,
preclusion of evidence, imposition of an adverse inference, or assessment of attorneys' fees and
costs. Fed. R. Civ…
giuffre-maxwell
gov.uscourts.nysd.447706.1090.4_1
29 pg
…and Work Product Privileges
by Putting Plaintiff’s Representation At Issue in the Dershowitz Case
“The [attorney-client] privilege may implicitly be waived when [a party] asserts a claim
that in fairness requires examination of protected communications.” United States v…
giuffre-maxwell
gov.uscourts.nysd.447706.31.0_1_1
22 pg
…was
14 applicable.
15 So what we have here is qualified privileges being
16 asserted as to defamatory statements. The two qualified
17 privileges she asserts are the self-defense privilege and the
18 prelitigation privilege. So in other words…
giuffre-maxwell
gov.uscourts.nysd.447706.1331.35
11 pg
…the privileged or protected, will enable the parties to asses.~ the claim.
order must protect a person who is neither a party nor a pa.r ty's officer fiom (B> Jnforma1ion Produced. If information produced in response: to…
giuffre-maxwell
gov.uscourts.nysd.447706.1166.0_1
14 pg
…DE 1156-1; DE 258-3.
Plaintiff incorrectly asserts that the parties agreed that they “would need to redact fewer
names in documents that are ordered unsealed” based on who had failed to object to unsealing.
To the contrary, Ms…
giuffre-maxwell
gov.uscourts.nysd.447706.1156.0
35 pg
…judicial documents
should remain under seal, Maxwell instead submits a chart with the same generic “Countervailing
Interests” this Court has already rejected, and asserts three vague arguments in favor of continued
sealing. First, Maxwell wrongly asserts that her July 2016…
giuffre-maxwell
gov.uscourts.nysd.447706.1256.12
32 pg
…with
an additional two-week period granted to respond to Plaintiff’s First Request for Production of
Documents.6 The discovery was thus never stayed.
Plaintiff erroneously asserts that that discovery “did not commence in this matter until”
February 8…
giuffre-maxwell
gov.uscourts.nysd.447706.1257.2
21 pg
…Federal Rules of Civil
Procedure provides that the court may impose a range of sanctions, including dismissal or
judgment by default, preclusion of evidence, imposition of an adverse inference, or assessment
of attorneys' fees and costs. Fed. R. Civ. P…
giuffre-maxwell
gov.uscourts.nysd.447706.1213.0
18 pg
…The press does not simply publish information about trials but
1
It is not clear on what basis Maxwell asserts that “not a single legal commentator nor media
analyst has served the function of ‘monitoring the federal courts.’” Maxwell Br…
giuffre-maxwell
gov.uscourts.nysd.447706.1332.3
21 pg
…client privilege or work
product protection. To the contrary, Defendant boldly asserts the position that there is “no
unsatisfied request for production” that would warrant granting Ms. Giuffre’s motion to compel.
Response at 7. This is a remarkable argument…