…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…
…The parties in Dershowitz have done just that and have presented a “reasonable” approach in which Giuffre has no objection to producing certain enumerated categories from among the Maxwell confidential materials and sealed filings in her possession so long as…
…Plaintiff’s ad hoc approach that picks and chooses among Non-Parties will more likely to lead to confusion and inefficiency in lieu of an orderly and logistical progression of unsealing. Defendant instead offers two alternatives for selecting the pleadings…
…2019) (quoting Newsday LLC v. County of Nassau, 730 F.3d 156, 163 (2d Cir. 2013)). In the Second Circuit, courts utilize two methods approaching the First Amendment right. Doe, 2019 U.S. Dist. LEXIS 36605, at *3. The “experience…
…3. The government could have been, but was not, more targeted in its approach. The government has not provided Maxwell with a copy of the subpoena, but the record shows that the subpoena was incredibly broad and, as explained below…
…participation. And, indeed, precedent mandates the protocol’s approach: “[t]he job of protecting [non- party privacy rights] rests heavily upon the shoulders of the trial judge.” In re New York Times Co., 828 F.2d 110, 116 (2d Cir…
…of the discovery from Maxwell,”” he has not beyond conclusory assertions demonstrated a congruence between the Maxwell action and his own that would warrant such an indiscriminate approach. A brief comparison of the Maxwell and Dershowitz actions makes this clear…
…7 Thank you. 8 MS. McCAWLEY: Good morning, your Honor. May I 9 approach with a bench book? 10 THE COURT: Sure. 11 MS. McCAWLEY: Thank you. 12 THE COURT: I think in duplicate. Do you have another 13 copy…
…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…
…to disqualify counsel). Indeed, “courts have in recent years become more and more skeptical of motions to disqualify counsel, and they now approach them with cautious scrutiny.” Laker Airways Ltd., 103 F.R.D. at 28. See also Ragdoll Prods…
…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…
…at 119-20. It is a given accepted by the Protective Order that the trial and all trial documents are accessible and public absent special circumstances. Under the common law approach, once a document is classified as a judicial document…
…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…
…to the third factor, previous alternatives were in place, where the parties could propose narrowly tailored redactions. The parties have since disregarded this approach and decided to seal entire pleadings without explanation or justification. And, as noted, there have been…
…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…
…which pertains to a different subject or person, is as well. This approach is compelled by the particularized review set forth by the Court of Appeals. See Brown, 929 F.3d at 49−51. The second category of Sealed Materials consists…
…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…
…12/15/15 Page 7 of 14 Instead, as is apparent from the new and increasingly outlandish allegations raised in opposition, Plaintiff clearly intends a “kitchen sink” approach to discovery. In a case such as this that encompasses allegations dating…
…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…
…otherwise. This is the exact opposite of the presumption the law requires: public access is presumed. It is also the polar opposite of the approach the Second Circuit followed. The Second Circuit unsealed the summary judgment record in its entirety…
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