giuffre-maxwell
gov.uscourts.nysd.447706.1250.0
7 pg
… Intervenors’ First Proposition of Law: For minor victims of sexual abuse, “redactions
should be applied sparingly to shield only information that would identify those who
have not already been publicly identified.” DE 1248, at 2.
The Reality: Courts routinely seal…
giuffre-maxwell
gov.uscourts.nysd.447706.1136.0_5
2 pg
… The Court has approved Ms. Giuffre’s proposed
redactions and has ordered limited additional redactions,
identified by the Court in its review of both parties’ proposed
redactions, relating to (1) personally identifiable information
and (2) the identities of certain nonparties…
giuffre-maxwell
gov.uscourts.nysd.447706.1287.0
2 pg
…MAXWELL,
Defendant.
/
NOTICE OF REDACTION REQUEST – TRANSCRIPT
In accordance with this Court’s forms and procedures, undersigned counsel acknowledges
that redactions other than certain personal identifiers requires a separate Motion for Reda…
giuffre-maxwell
gov.uscourts.nysd.447706.1010.0
3 pg
…parties’ counsel conduct
a review of the sealed and redacted materials, confer and inform the Court by letter
about the identity of non-parties identified in the material, and confer and inform the
Court by letter of any material in…
giuffre-maxwell
gov.uscourts.nysd.447706.1128.0_4
1 pg
…already reviewed
and approved Plaintiff’s proposed redactions for these documents, and Plaintiff has verified that
redactions are in place for each of the categories of information identified in the Court’s July 30
and October 20 orders. ECF No…
giuffre-maxwell
gov.uscourts.nysd.447706.1166.0_1
14 pg
…here will unfairly prejudice Ms.
Maxwell’s rights to a fair trial by poisoning any venire and influencing witness testimony. For
reasons discussed below, the Court should decline to unseal the identified Sealed Items.
I. Ms. Maxwell’s July 22…
giuffre-maxwell
gov.uscourts.nysd.447706.1026.1
4 pg
…a) the weight of presumption of public access that should be afforded to the
document, (b) the identification and weight of any countervailing interests supporting continued
sealing/redaction, and (c) whether the countervailing interests rebut the presumption of public
access…
giuffre-maxwell
gov.uscourts.nysd.447706.1248.0
6 pg
…JPMorgan Chase, 810 F. Supp. 2d 616, 621–22 (S.D.N.Y.
2011). Facts allegedly supporting sealing and the harm of disclosure must be identified with
specificity. Lytle, 810 F. Supp. 2d at 621–22. It does not appear…
giuffre-maxwell
gov.uscourts.nysd.447706.1083.0
3 pg
…produced or answered discovery based on the understanding that
such discovery would be subject to the Protective Order, (b) persons who are identified as
allegedly having engaged in sex acts with Plaintiff or other alleged victims, or facilitated such
acts…
giuffre-maxwell
gov.uscourts.nysd.447706.1339.0
3 pg
…Order
established a framework for unsealing the identities of certain
Does. That is, each row identified an individual Doe, enumerated
the relevant docket entries in which that Doe is mentioned, and
stated the Court’s reasoning for whether to unseal…
giuffre-maxwell
gov.uscourts.nysd.447706.1037.0
16 pg
…are advised in their Objection to Un-Sealing at ¶ 2 that they
“understand this Objection will be filed under seal and I will not be identified in any court
filing.” Ms. Maxwell remains concerned that Non-Parties will be reluctant…
giuffre-maxwell
gov.uscourts.nysd.447706.1232.1
7 pg
…a) the weight of presumption of public access that should be afforded to the
document, (b) the identification and weight of any countervailing interests supporting continued
sealing/redaction, and (c) whether the countervailing interests rebut the presumption of public
access…
giuffre-maxwell
gov.uscourts.nysd.447706.1057.0
17 pg
…weight of
presumption of public access that should be afforded to an item, (b) the identification and weight
of any countervailing interests supporting continued sealing/redaction of the item, and (c) whether
the countervailing interests rebut the presumption of public…
giuffre-maxwell
gov.uscourts.nysd.447706.1026.2
4 pg
…a) the weight of presumption of public access
that should be afforded itto the document, (b) the identification and weight of any countervailing
interests supporting continued sealing/redaction, and (c) whether the countervailing interests
rebut the presumption of public access…
giuffre-maxwell
gov.uscourts.nysd.447706.1130.0_3
1 pg
…already reviewed
and approved Plaintiff’s proposed redactions for these documents, and Plaintiff has verified that
redactions are in place for each of the categories of information identified in the Court’s July 30
and October 20 orders. ECF No…
giuffre-maxwell
gov.uscourts.nysd.447706.1182.0_1
3 pg
…(emphasis added). It further provides that, upon such a designation-removal request by one
Dershowitz party, the other Dershowitz party should “promptly review” the identified document
and “remove the confidentiality designation . . . if appropriate.” Id.
But even if presently sealed materials…
giuffre-maxwell
gov.uscourts.nysd.447706.1108.0
5 pg
…a) the weight of presumption of public access that should be afforded to the
document, (b) the identification and weight of any countervailing interests supporting continued
sealing/redaction, and (c) whether the countervailing interests rebut the presumption of public
access…
giuffre-maxwell
gov.uscourts.nysd.447706.1155.0_2
13 pg
…and submit this response based on the known
portions of the documents as well as the parties’ public representations as to their contents.
Intervenors incorporate by reference their arguments offered in response to the alleged
“Countervailing Interests” identified by Ms…
giuffre-maxwell
gov.uscourts.nysd.447706.1068.0
31 pg
…1053 at 1. Neither Doe 1 nor
Doe 2 requested excerpts of the sealed materials that mention their names, and Maxwell has not
identified any compelling reason to continue to keep their identities hidden. In fact, Doe 1 and
Doe…
giuffre-maxwell
gov.uscourts.nysd.447706.1020.0
7 pg
…723, 725
(2d Cir. 2017). We have identified at least twelve applicable to Ms. Maxwell in this
action. Those reviewing the Sealed Materials on Ms. Maxwell’s behalf therefore were
required to determine while reading the materials (a) the weight…
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