giuffre-maxwell
gov.uscourts.nysd.447706.1226.0
4 pg
…competing proposals for streamlining the unsealing
process established by the Order and Protocol for Unsealing Decided Motions. See DE 1224.
We write to express our views regarding the parties’ respective submissions, as well as that
offered by the Miami Herald…
giuffre-maxwell
gov.uscourts.nysd.447706.1337.0
1 pg
… (Dkt. no. 1254.) This Court expressly ordered
that lines 217:17-19 of the deposition transcript should remain under
seal because they contained a mistaken transcription, and the answer
transcribed was not the answer actually given. Counsel shall re-file…
giuffre-maxwell
gov.uscourts.nysd.447706.1250.0
7 pg
…privacy
merely because they have played a role in a civil or criminal case against perpetrators.
As an initial matter, Intervenors seek to unseal documents concerning the alleged sexual
abuse of minors over the express wishes of those victims. Yet…
giuffre-maxwell
gov.uscourts.nysd.447706.1224.0
6 pg
…process.
At the July 26 meet and confer, Maxwell’s counsel expressed that they would be unable to
carry out the Court’s suggestion due to scheduling conflicts until January of next year, and asserted
1
The Non-Party Objectors…
giuffre-maxwell
gov.uscourts.nysd.447706.1195.0_2
2 pg
…with Virginia Giuffre’s letter in response (Dkt. 1194).
While Ms. Maxwell begins her letter by expressing privacy concerns over the soon-to-be-
released portion of her transcript, it is clear her real concern, expressed on the second page…
giuffre-maxwell
gov.uscourts.nysd.447706.1204.0
3 pg
…71 F.3d 1044, 1050 (2d Cir. 1995) (“Amodeo II”)). The Brown court
expressly acknowledged the right of an accused as a “countervailing interest” worthy of
overcoming any presumption of access. Id.at 47 n. 13. (“Examples of such countervailing…
giuffre-maxwell
gov.uscourts.nysd.447706.1154.0_5
3 pg
…Order. For example, Doe # 84 is an individual who testified at a deposition,
represented by counsel, under the express promise of confidentiality under the Protective
Order. This individual accused Mr. Epstein of wrongdoing perpetrated when the individual
was minor. During…
giuffre-maxwell
gov.uscourts.nysd.447706.1166.0_1
14 pg
…For
example, Doe #84 did not receive notice and it is uncontested that Doe #84 testified only under
the express promise of confidentiality. The Second Circuit sua sponte redacted Doe #84’s name
from summary judgment pleadings finding that Doe…
giuffre-maxwell
gov.uscourts.nysd.447706.1149.0
18 pg
…inducing parties to provide discovery in a contentious litigation.’” (DE
1113 at 5)
Does 1 and 2 wrote this Court and expressed their desire to not have their names released.
(DE 1125) Although they did not thereafter submit any objection…
giuffre-maxwell
gov.uscourts.nysd.447706.1354.0
7 pg
…Again, the parties and any relevant Does should have the chance to express their views
before this Court exercises its discretion.
Herald’s Position: The Herald agrees with Plaintiff’s position.
3. Does’ Sealing Motions
Plaintiff’s Position: Plaintiff agrees…
giuffre-maxwell
gov.uscourts.nysd.447706.1328.20
14 pg
…Plaintiff
claimed she had been forcibly sexually assaulted by her friends. Plaintiff’s claim
of forced sexual assault was expressly refuted by the witnesses, who also verified
Plaintiff’s attempt to get out of trouble by offering to have sex…
giuffre-maxwell
gov.uscourts.nysd.447706.1156.0
35 pg
…to these judicial documents. The publication of
Maxwell’s deposition testimony is in the public interest. Maxwell’s brief concedes (as it must)
that the public has expressed a strong interest in reviewing these materials, especially her
deposition testimony. Maxwell…
giuffre-maxwell
gov.uscourts.nysd.447706.1026.1
4 pg
…interests
against the public’s right of access. The Court will conduct a particularized review of the
sealed materials and weigh the competing interests regardless whether it receives any
Non-Party Objection.
4. Unless expressly stated otherwise, all notices, submissions…
giuffre-maxwell
gov.uscourts.nysd.447706.1025.0
17 pg
…interests
against the public’s right of access. The Court will conduct a particularized review of the
sealed materials and weigh the competing interests regardless whether it receives any
Non-Party Objection.
4. Unless expressly stated otherwise, all notices, submissions…
giuffre-maxwell
gov.uscourts.nysd.447706.1037.0
16 pg
…interests
against the public’s right of access. The Court will conduct a particularized review of the
Sealed Materials and weigh the competing interests regardless whether it receives any
Non-Party Objection.
4. Unless expressly stated otherwise, all notices, submissions…
giuffre-maxwell
gov.uscourts.nysd.447706.1232.1
7 pg
…interests against the public’s right of access. The Court will conduct a particularized
review of the Sealed Materials and weigh the competing interests regardless whether
it receives any Non-Party Objection.
4. Unless expressly stated otherwise, all notices, submissions…
giuffre-maxwell
gov.uscourts.nysd.447706.1026.2
4 pg
…interests
against the public’s right of access. The Court will conduct a particularized review of the
sealed materials and weigh the competing interests regardless whether it receives any
Non-Party Objection.
4. Unless expressly stated otherwise, all notices, submissions…
giuffre-maxwell
gov.uscourts.nysd.447706.980.0
10 pg
…enters the public record.
Brown, 929 F.3d at 47 (internal quotation omitted).
The media coverage over the course of the previous weeks bears out – powerfully – the
concerns expressed by the Court of Appeals. A review of media reporting from…
giuffre-maxwell
gov.uscourts.nysd.447706.1108.0
5 pg
…interests
against the public’s right of access. The Court will conduct a particularized review of the
Sealed Materials and weigh the competing interests regardless whether it receives any
Non-Party Objection.
4. Unless expressly stated otherwise, all notices, submissions…
giuffre-maxwell
gov.uscourts.nysd.447706.892.0
11 pg
…and has specifically expressed concern for its ongoing
efficacy .
The Second Circuit has been hesitant to permit
modifications that might "unfairly disturb the legitimate
2
The argument with respect to the summary judgment was held in
open court without objection…
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