giuffre-maxwell
gov.uscourts.nysd.447706.408.0
13 pg
…2
. Further efforts from the Government to avoid
producing any discovery followed (see generally DE 225-1 at 4-5),2 ultimately leading to a
further Court ruling in June 2013 that the Government should produce documents. DE 189…
giuffre-maxwell
gov.uscourts.nysd.447706.88.0
7 pg
…2016, indicated that it would treat the letter objection as a Motion and scheduled a
hearing on the objection. Mr. Edwards’ Motion to Appear followed.
Mr. Edwards’ appearance in this matter is as inappropriate as that of Mr. Cassell.
Mr…
giuffre-maxwell
gov.uscourts.nysd.447706.1219.30
16 pg
…personal financial information, claimed to be
related only to issue of punitive damages, as premature before dispositive motions).
In circumstances such as these, the procedure followed in a similarly contentious case by
this Court, Guccione v. Flynt, may be the…
giuffre-maxwell
gov.uscourts.nysd.447706.1119.0_3
4 pg
…Martindell, 594 F.2d at 296, and the Second Circuit and district courts within
have uniformly followed Martindell and its progeny to deny government requests to modify
protective orders in private litigation to obtain material for their own investigations. See…
giuffre-maxwell
gov.uscourts.nysd.447706.1192.0_3
3 pg
…Protocol, whether the
Sealed Materials should be unsealed. The Dershowitz parties do not need a list of Does or
further clarification to ensure that this Court Order is followed. Pending this Court’s ruling on
the unsealing of specific documents…
giuffre-maxwell
gov.uscourts.nysd.447706.977.1
25 pg
…Maxwell in the Southern District of New York. Giuffre alleged
that Maxwell had defamed her through this and other public
statements. Extensive and hard‐fought discovery followed. Due to the
volume of sealing requests filed during discovery, on August 9…
giuffre-maxwell
gov.uscourts.nysd.447706.1057.0
17 pg
…judicial function.” And if a motion is not currently before the court, then a fortiori it cannot
“reasonably have [a] tendency to influence” the court.
Brown’s holding was hardly a surprise. It followed S.E.C. v. TheStreet.Com…
giuffre-maxwell
gov.uscourts.nysd.447706.49.0
12 pg
…or
her lawyers have a “good faith basis to conclude” that someone has either “received” (and
apparently not looked at) or “seen” (which would imply receipt followed by viewing) Plaintiff or
her lawyers can disseminate Protected Material to that person…
giuffre-maxwell
gov.uscourts.nysd.447706.968.0_1
26 pg
…Maxwell in the Southern District of New York. Giuffre alleged
that Maxwell had defamed her through this and other public
statements. Extensive and hard‐fought discovery followed. Due to the
volume of sealing requests filed during discovery, on August 9…
giuffre-maxwell
gov.uscourts.nysd.447706.370.0
17 pg
…at 270 (emphasis added).
Since Rupert, federal courts in New York have followed the same principle. Courts have
routinely held that because the defendant’s financial condition as it relates to a claim for punitive
damages can only proceed upon…
giuffre-maxwell
gov.uscourts.nysd.447706.978.0
27 pg
…Maxwell in the Southern District of New York. Giuffre alleged
that Maxwell had defamed her through this and other public
statements. Extensive and hard‐fought discovery followed. Due to the
volume of sealing requests filed during discovery, on August 9…
giuffre-maxwell
gov.uscourts.nysd.447706.993.0
28 pg
…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…
giuffre-maxwell
gov.uscourts.nysd.447706.1219.19
17 pg
…at 270 (emphasis added).
Since Rupert, federal courts in New York have followed the same principle. Courts have
routinely held that because the defendant’s financial condition as it relates to a claim for punitive
damages can only proceed upon…
giuffre-maxwell
gov.uscourts.nysd.447706.977.0
27 pg
…Maxwell in the Southern District of New York. Giuffre alleged
that Maxwell had defamed her through this and other public
statements. Extensive and hard‐fought discovery followed. Due to the
volume of sealing requests filed during discovery, on August 9…
giuffre-maxwell
gov.uscourts.nysd.447706.15.0
29 pg
…denies the various allegations about her that have appeared recently in the
media. These allegations are all entirely false.”) is followed by four paragraphs directly
threatening litigation against newspapers:
It is unacceptable that letters sent by Ms. Maxwell’s legal
…
giuffre-maxwell
gov.uscourts.nysd.447706.23.0
32 pg
…lies; and she and her followers are satanic.”).
12
Case 1:15-cv-07433-RWS Document 23 Filed 12/17/15 Page 18 of 32
qualified privilege” if the complaint had been brought in libel – which it wasn’t…
giuffre-maxwell
gov.uscourts.nysd.447706.551.0
17 pg
…at ¶ 4. His Twitter account, in which he reports on news and provides opinion,
has nearly 200,000 followers and reaches millions monthly. See id. at ¶ 8.
Part of Cernovich Media’s mission is conducting investigative journalism in pursuit of…
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