giuffre-maxwell
gov.uscourts.nysd.447706.1330.9
6 pg
…com
Re: Giuffre v. Maxwell, Case No. 15-cv-07433-RWS
Dear Sigrid:
Attached please find documents produced pursuant to a subpoena duces tecum
issued to Mar-a-Lago Club, Inc., on July 14, 2016 which have been Bates numbered
…
giuffre-maxwell
gov.uscourts.nysd.447706.1037.0
16 pg
…Order of March 19, 2020 (Doc. 1034) at 3, attached please
find Ms. Maxwell’s proposed changes to the Court’s proposed revisions to the Protocol,
Notice to Non-Parties, the Non-Party Request for Excerpts, and the Non-Party…
giuffre-maxwell
gov.uscourts.nysd.447706.1075.0
1 pg
…C
Laura A. Menninger
150 East 10th Avenue
Denver, Colorado 80203
…
giuffre-maxwell
gov.uscourts.nysd.447706.996.0
14 pg
…ever more prominent men. Whenever anyone denies her
allegations, she and her coterie of lawyers threaten to sue or sue for tens of millions of dollars for
“defamation.” Mr. Dershowitz find himself, as Ms. Maxwell did, defending a defamation lawsuit…
giuffre-maxwell
gov.uscourts.nysd.447706.1126.0
3 pg
…the issues on
appeal. 1
When reviewing a district court’s decision to seal a filing or maintain such a seal, “we
examine the court’s factual findings for clear error, its legal determinations de novo, and its ultimate
decision…
giuffre-maxwell
gov.uscourts.nysd.447706.1154.0_5
3 pg
…and the solicitation of input
meant “merely to aid the Court in balancing privacy and other interests.” To find now that the
failure to seek excerpts or object by a Non-Party forfeited their ability to have the Court
perform…
giuffre-maxwell
gov.uscourts.nysd.447706.31.0_1_1
22 pg
…depending on the
15 time, place and manner of the statement, the Court may find the
16 words to be actionable or not, privileged or not, defamatory in
17 meaning or not.
18 The central problem with this particular complaint…
giuffre-maxwell
gov.uscourts.nysd.447706.1149.0
18 pg
…own sexual activity” and “her knowledge of the sexual activity
of others.” (DE 316-6 at 10) Judge Sweet overruled Ms. Maxwell’s privacy objections finding
her “privacy concerns are alleviated by the protective order in this case.” Id. Indeed…
giuffre-maxwell
gov.uscourts.nysd.447706.949.0
31 pg
…it
10 results in opening the whole file. So I think that the
11 underpinnings for the last order are not there anymore and we
12 have to find another way, if this motion to unseal is to be
13…
giuffre-maxwell
gov.uscourts.nysd.447706.1122.0_2
13 pg
…known or otherwise knowable. In Martindell, the Second Circuit emphasized the federal
government’s substantial investigatory powers as weighing against a finding of compelling need
to modify a protective order. See 594 F.2d at 296. Maxwell and Doe both…
giuffre-maxwell
gov.uscourts.nysd.447706.1332.10
64 pg
…weekend, so if we roll into that third
24 week that may become problematic for him. So we want to try to
25 find a way to keep the trial date and get through it, and
SOUTHERN DISTRICT REPORTERS, P…
giuffre-maxwell
gov.uscourts.nysd.447706.702.0
63 pg
…weekend, so if we roll into that third
24 week that may become problematic for him. So we want to try to
25 find a way to keep the trial date and get through it, and
SOUTHERN DISTRICT REPORTERS, P…
giuffre-maxwell
gov.uscourts.nysd.447706.994.0
14 pg
…the
First Amendment right of access and the common law right of access.2
Given the presumption of access to these documents, the Court should also find that Ms.
Maxwell and J. Doe have failed to identify any non-generalized…
giuffre-maxwell
gov.uscourts.nysd.447706.1210.0_1
3 pg
…activity with adults, but unsealed
testimony related to purportedly non-sexual massages, finding
that the presumption of public access was not outweighed by the
private interests in sealing this portion of her testimony.
(See Ex. B to Decl. of Laura…
giuffre-maxwell
gov.uscourts.nysd.447706.1312.0
9 pg
…justify the sealing of judicial documents, courts must “review the documents
individually and produce ‘specific, on-the-record findings that sealing is necessary to preserve
higher values.’” Brown, 929 F.3d at 48 (quoting Lugosch, 435 F.3d at 124…
giuffre-maxwell
gov.uscourts.nysd.447706.1218.35
7 pg
…know you don't think they are confidential
3 settlement agreements --
4 MR. SAFRA: Well --
5 THE COURT: -- but if they are, which
6 I've made that finding, you don't think they
7 should be sealed?
8 MR…
giuffre-maxwell
gov.uscourts.nysd.447706.1218.38
8 pg
…this Court granted Non-Party Boies,
Schiller & Flexner's Emergency Motion to Seal the Affidavit, finding that the discussions were
confidential settlement negotiations.
THE COURT: I agree with you. I think they're confidential settlement discussions.
I'm going to…
giuffre-maxwell
gov.uscourts.nysd.447706.185.4
10 pg
…Id.).
After considering the parties’ submissions and the proposed amended petition, the Court
finds that justice does not require amendment in this instance and exercises its discretion to deny
the amendment.
II. Discussion
“The decision whether to grant leave to…
giuffre-maxwell
gov.uscourts.nysd.447706.1226.0
4 pg
…Sealed Materials,
including the opportunity to participate in an evidentiary hearing; and (c) creating a resolution
process that allows the Court to render “particularized findings” for each non-party considering
“the countervailing interest of” the respective non-parties. DE 1196…
giuffre-maxwell
gov.uscourts.nysd.447706.542.5
11 pg
…Id.).
After considering the parties' submissions and the proposed amended petition, the Court
finds that justice does not require amendment in this instance and exercises its discretion to deny
the amendment.
II. Discussion
The decision wh…
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