giuffre-maxwell
gov.uscourts.nysd.447706.1219.8
29 pg
…The objections and responses to the RFPs are proper. ................................................ 1
A. RFP No. 1: Documents defense counsel “reviewed and/or relied upon” in a phone
call with Plaintiff’s counsel. ...................................................................................... 1
B. RFP N…
giuffre-maxwell
gov.uscourts.nysd.447706.689.0
42 pg
…6
A. Controlling Second Circuit Case Law from LiButti v. United States Permits
Calling a Witness for Purposes of Obtaining Adverse Inferences.......................... 7
B. Federal Law Rather than New York Law Controls the Evidentiary Issue of
Whether …
giuffre-maxwell
gov.uscourts.nysd.447706.1008.0
5 pg
…the definition of judicial documents
as articulated in Brown. When filed, motions “call upon the court to exercise its Article III powers”
because they call for and intend to influence judicial decision-making. See Brown, 929 F.3d at 50.
“…
giuffre-maxwell
gov.uscourts.nysd.447706.1196.0
32 pg
…KRIEGER
23
24
25
SOUTHERN DISTRICT REPORTERS, P.C.••
(212) 805-0300
L1JMGIUC
Case 1:15-cv-07433-LAP Document 1196 Filed 01/27/21 Page 2 of 32 2
1 (Case called)
2 THE COURT: Good morning, counsel…
giuffre-maxwell
gov.uscourts.nysd.447706.1060.0
2 pg
…44 (2d Cir. 2019). The
same ruling uprooted the third opinion mentioned by Maxwell (the so-called “Sealed Opinion”),
by rendering unreasonable any reliance on the confidentiality designations associated with the
protective order.
In Brown v. Maxwell, the Second Circuit…
giuffre-maxwell
gov.uscourts.nysd.447706.1021.0
18 pg
…SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Case 1:15-cv-07433-LAP Document 1021 Filed 01/23/20 Page 2 of 18 2
K1G5giuC conference
1 (Case called)
2 THE COURT: Is plaintiff's counsel ready?
3…
giuffre-maxwell
gov.uscourts.nysd.447706.1199.16_1
12 pg
…She was unable to crawl . .
.Based on [REDACTED] intoxicated condition, a [sic] ambulance was called to transport
her to [REDACTED] to check on her condition. I then met with [REDACTED] and his
mother. I advised [REDACTED] of his Miranda rights…
giuffre-maxwell
gov.uscourts.nysd.447706.562.1
13 pg
…among other
things, calling Giuffre a liar in published statements with the malicious intent of discrediting and
further damaging Giuffre worldwide.
JURISDICTION AND VENUE
2. This is an action for damages in an amount in excess of the minimum
jurisdictional…
giuffre-maxwell
gov.uscourts.nysd.447706.1.0
12 pg
…among other
things, calling Giuffre a liar in published statements with the malicious intent of discrediting and
further damaging Giuffre worldwide.
JURISDICTION AND VENUE
2. This is an action for damages in an amount in excess of the minimum
jurisdictional…
giuffre-maxwell
gov.uscourts.nysd.447706.24.1
13 pg
…among other
things, calling Giuffre a liar in published statements with the malicious intent of discrediting and
further damaging Giuffre worldwide.
JURISDICTION AND VENUE
2. This is an action for damages in an amount in excess of the minimum
jurisdictional…
giuffre-maxwell
gov.uscourts.nysd.447706.1215.0
13 pg
…jury pool that will hear Ms.
Giuffre’s case. The Court should not allow such callous abuse of a First Amendment right,
particularly as there is no merit to Dershowitz’s claim (Br. at 21) that ‘public monitoring has an
…
giuffre-maxwell
gov.uscourts.nysd.447706.965.0
9 pg
…P.C.
(212) 805-0300
Case 1:15-cv-07433-RWS Document 965 Filed 02/26/19 Page 2 of 9 2
J265giuC conference
1 (Case called)
2 THE COURT: How nice to see you all again.
3 MR…
giuffre-maxwell
gov.uscourts.nysd.447706.1050.0
12 pg
…your Honor.
12 THE COURT: Good. Our thought was also following this
13 call, we should docket the final protocol and the forms that we
14 have come up with so that it's out there for everyone to see…
giuffre-maxwell
gov.uscourts.nysd.447706.1074.0
18 pg
…noting
that, regardless of whether this Court grants the Rule 15 Motion, “they will call Jane Doe No. 3
as a witness at any trial.” (DE 311 at 17 n.7). The necessary “participation” of Jane Doe 3 and
Jane…
giuffre-maxwell
gov.uscourts.nysd.447706.1166.0_1
14 pg
…gossip arising from a compelled deposition.
2
The parties attempted to call the court for a ruling during the deposition but were
advised by chambers to “bring any issue to him after the conclusion of the deposition.” See 316-
6…
giuffre-maxwell
gov.uscourts.nysd.447706.1067.0
10 pg
…20 Page 7 of 10
All of the documents at issue appear to have been submitted to the Court for purposes of
an adjudication call upon the court to exercise its Article III powers and are judicial documents.3
Ms…
giuffre-maxwell
gov.uscourts.nysd.447706.977.1
25 pg
…All such
motions, at least on their face, call upon the court to exercise its Article
III powers. Moreover, erroneous judicial decision‐making with respect
to such evidentiary and discovery matters can cause substantial harm.
Such materials are therefore of…
giuffre-maxwell
gov.uscourts.nysd.447706.995.0
11 pg
…As the court explained,
All such motions, at least on their face, call upon the court to exercise its Article III
powers. Moreover, erroneous judicial decision-making with respect to such
3
Case 1:15-cv-07433-LAP Document…
giuffre-maxwell
gov.uscourts.nysd.447706.185.4
10 pg
…noting
that, regardless of whether this Court grants the Rule 15 Motion, “they will call Jane Doe No. 3
as a witness at any trial.” (DE 311 at 17 n.7). The necessary “participation” of Jane Doe 3 and
Jane…
giuffre-maxwell
gov.uscourts.nysd.447706.1198.25_1
13 pg
…refers to
specific records that might include the remaining responsive information.
Second, the Interrogatories do not call for business records: they call for the identification
of treatment providers and specific information about the treatment provided. In re Savitt/Adler
Litig.…