giuffre-maxwell
gov.uscourts.nysd.447706.1161.0_1
17 pg
…dime-a-dozen. As this Court has previously
noted, finding that extraordinary circumstances are present simply
because law enforcement is investigating a matter of great public
interest “would effectively eviscerate the Martindell standard,”
Daniels, 200 F.R.D. at 210…
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.447706.637.0
12 pg
…and countless other tangible and intangible ways”);
Comprehensive Habilitation Servs., Inc. v. Commerce Funding Corp., 240 F.R.D. 78, 87
(S.D.N.Y. 2006) (partial waiver of work product demanded waiver of all work-product related to
the…
giuffre-maxwell
gov.uscourts.nysd.447706.370.0
17 pg
…16, 2016 conferral, counsel for Plaintiff has agreed to hold this
Request in abeyance pending either a finding of liability or resolution of dispositive
motions. Plaintiff’s counsel will not file a Motion to Compel a Response to this
Request…
giuffre-maxwell
gov.uscourts.nysd.447706.1219.19
17 pg
…16, 2016 conferral, counsel for Plaintiff has agreed to hold this
Request in abeyance pending either a finding of liability or resolution of dispositive
motions. Plaintiff’s counsel will not file a Motion to Compel a Response to this
Request…
giuffre-maxwell
gov.uscourts.nysd.447706.371.2
18 pg
…2016 conferral, counsel for Plaintiff has agreed to hold this
Request in abeyance pending either a finding of liability or resolution of dispositive motions.
Plaintiff’s counsel will not file a Motion to Compel a Response to this Request, nor…
giuffre-maxwell
gov.uscourts.nysd.447706.185.7
26 pg
…to a request for production can be made either because the items requested
are not within the permissible scope of discovery or on any ground that would support an
application for protective order under Rule l.280(c)." American Funding…
giuffre-maxwell
gov.uscourts.nysd.447706.1331.19
12 pg
…and countless other tangible and intangible ways”);
Comprehensive Habilitation Servs., Inc. v. Commerce Funding Corp., 240 F.R.D. 78, 87
(S.D.N.Y. 2006) (partial waiver of work product demanded waiver of all work-product related to
the…
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.447706.1210.0_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.447706.1149.0
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.447706.1226.0
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.447706.944.0
11 pg
…course of discovery the parties produced or
obtained significant information about plaintiff’s alleged sex activities involving dozens of
nonparties. While there was no trial and therefore no factual findings, the defense believed its
investigation and the discovery significantly undermined…
giuffre-maxwell
gov.uscourts.nysd.447706.898.0
4 pg
…this presumption, access to trial proceedings may be denied only “if specific, on
the record findings are made demonstrating that closure is essential to preserve higher values and
is narrowly tailored to serve that interest.” Id. at 120. In particular…
giuffre-maxwell
gov.uscourts.nysd.447706.1155.0_2
13 pg
…held Ms.
Maxwell’s interests connected to her criminal matter are “entitled to little weight.” Id. The Second
Circuit affirmed these findings, holding this Court “did not abuse its discretion in rejecting
Maxwell’s meritless arguments that her interests superseded…
giuffre-maxwell
gov.uscourts.nysd.447706.986.0
60 pg
…REDACTED, # 9 Exhibit)
Motion for Sanctions- Party – DECLARATION of Meredith Schultz in Support
re: 308 MOTION for Sanctions and finding Civil
Other
Contempt against Sarah Kellen f…
giuffre-maxwell
gov.uscourts.nysd.447706.1320.28
32 pg
…221,
222, 223) The Court should consider this additional factor to decline a finding of “good cause”
for extending the discovery deadline.
Plaintiff wrongfully contends that any assertion of the Fifth Amendment during the
depositions of Epstein, Kellen and Marincova…
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