giuffre-maxwell
gov.uscourts.nysd.447706.995.0
11 pg
…As a result, John Doe is in no position
to speculate (let alone dictate) how the Court should approach and consider the categories of
documents that the parties have agreed upon, to say nothing of offering wholly new categories for…
giuffre-maxwell
gov.uscourts.nysd.447706.1021.0
18 pg
…ideas that we have come up
17 with -- we have submitted the letter to you, obviously, which
18 poses an approach dealing with the non-parties. One other
19 piece of that, if it would be beneficial to the Court…
giuffre-maxwell
gov.uscourts.nysd.447706.139.0
7 pg
…here. Indeed, she cannot approach that standard,
as she has made no showing whatsoever of any compelling or particularized need for these
materials. Defendant is attempting to improperly interfere with an ongoing criminal investigation,
and under New York law, disclosure…
giuffre-maxwell
gov.uscourts.nysd.447706.1005.0
6 pg
…been categorical and succinct. It was neither. The decision turned on the Second Circuit’s
lengthy discussion of the First and Third Circuits’ divergent approaches to the question, when
is a mere document transformed into a judicial one? The Third…
giuffre-maxwell
gov.uscourts.nysd.447706.1052.0
4 pg
…might be at the very bottom of the Non-
Party list. The Court would need to make 15 separate rulings before Docket Entry 143 is unsealed.
s approach, all Non-Parties mentioned in the First Five
Motions would be notified…
giuffre-maxwell
gov.uscourts.nysd.447706.1045.0
2 pg
…Plaintiff’s counsel proposes an ad hoc
approach in which filings appear to be selected in order to speed up review of materials that
Plaintiff would like to see unsealed first rather than a review method that favors efficiency and…
giuffre-maxwell
gov.uscourts.nysd.447706.1320.18
40 pg
…discussed
below, as a matter of controlling federal authority, these cases have been repudiated by the
Second Circuit. And to the same effect, Florida law also rejects the expansive Hearn approach
to waiver. See Guarantee Ins. Co. v. Heffernan Ins…
giuffre-maxwell
gov.uscourts.nysd.447706.1196.0
32 pg
…be unsealed and docketed in the form that they were
8 received from the law enforcement agency. This is also
9 consistent with the approach that the Court of Appeals has
10 taken. Consistent with the Court of Appeals' approach…
giuffre-maxwell
gov.uscourts.nysd.447706.1062.0
7 pg
…not oppose Dershowitz’s motion is of no moment. Indeed, it proves the point,
by underscoring the caution with which the Court should approach Dershowitz’s request. And,
in any event, a non-party that produces information in discovery remains…
giuffre-maxwell
gov.uscourts.nysd.447706.1067.0
10 pg
…was “amenable to unsealing portions of
documents mentioning non-parties rather than waiting to unseal the entirety of a given document
until all non-parties have provided input.” Intervenors ask that the Court follow the approach set
forth in Dkt…
giuffre-maxwell
gov.uscourts.nysd.447706.977.1
25 pg
…P. 11. See also Amodeo II, 71 F.3d at 1049 (describing sanctions available
to the court).
45 Sonia Sotomayor & Nicole A. Gordon, Returning Majesty to the Law and
Politics: A Modern Approach, 30 Suffolk U. L. Rev. 35, 47…
giuffre-maxwell
gov.uscourts.nysd.447706.1137.14_2
40 pg
…discussed
below, as a matter of controlling federal authority, these cases have been repudiated by the
Second Circuit. And to the same effect, Florida law also rejects the expansive Hearn approach
to waiver. See Guarantee Ins. Co. v. Heffernan Ins…
giuffre-maxwell
gov.uscourts.nysd.447706.1028.0
5 pg
…a crime
victim.
Plaintiff and Ms. Maxwell have a fundamental difference in the approach to
identifying the non-parties who should be on the list. Plaintiff takes the position that
if a non-party’s name has appeared anywhere in…
giuffre-maxwell
1320-18
40 pg
…discussed
below, as a matter of controlling federal authority, these cases have been repudiated by the
Second Circuit. And to the same effect, Florida law also rejects the expansive Hearn approach
to waiver. See Guarantee Ins. Co. v. Heffernan Ins…
giuffre-maxwell
gov.uscourts.nysd.447706.968.0_1
26 pg
…P. 11. See also Amodeo II, 71 F.3d at 1049 (describing sanctions available
to the court).
45 Sonia Sotomayor & Nicole A. Gordon, Returning Majesty to the Law and
Politics: A Modern Approach, 30 Suffolk U. L. Rev. 35, 47…
giuffre-maxwell
gov.uscourts.nysd.447706.978.0
27 pg
…P. 11. See also Amodeo II, 71 F.3d at 1049 (describing sanctions available
to the court).
45 Sonia Sotomayor & Nicole A. Gordon, Returning Majesty to the Law and
Politics: A Modern Approach, 30 Suffolk U. L. Rev. 35, 47…
giuffre-maxwell
gov.uscourts.nysd.447706.941.0
6 pg
…Giuffre and Ms. Maxwell has settled,
it may be that all case-related documents and deposition testimony can simply be
released – an approach to which Ms. Giuffre is not opposed.
Supplemental Brief of Virginia Giuffre at 7 (emphasis in original…
giuffre-maxwell
gov.uscourts.nysd.447706.977.0
27 pg
…P. 11. See also Amodeo II, 71 F.3d at 1049 (describing sanctions available
to the court).
45 Sonia Sotomayor & Nicole A. Gordon, Returning Majesty to the Law and
Politics: A Modern Approach, 30 Suffolk U. L. Rev. 35, 47…
giuffre-maxwell
gov.uscourts.nysd.447706.961.0
9 pg
…however, seeks sanction against Ms. Giuffre’s counsel for their cautious
approach. Ms. Maxwell takes the view that the confidential materials should have been
4
Case 1:15-cv-07433-LAP Document 961 Filed 12/12/18 Page 5…
giuffre-maxwell
gov.uscourts.nysd.447706.689.0
42 pg
…the non-party witness in regard to the key
facts and general subject matter of the litigation will likely inform the trial court
whether the assertion of the privilege should be viewed as akin to testimony
approaching admissibility under Fed…