giuffre-maxwell
gov.uscourts.nysd.447706.980.0
10 pg
…permitting
redaction of the names of two women with whom the defendant had allegedly had extramarital
affairs, despite the fact that – in the court’s view – the women were “not entirely innocent
third parties.”) (internal quotation omitted).
As the Third…
giuffre-maxwell
gov.uscourts.nysd.447706.551.0
17 pg
…United States v. Amodeo II, 71 F.3d 1044,
1048 (2d Cir. 1995)) (internal quotation marks omitted).
2.1.2 The First Amendment Compels Access
The First Amendment requires public access to court proceedings. See Press-Enter. Co. v.
Superior…
giuffre-maxwell
gov.uscourts.nysd.447706.994.0
14 pg
…For example, in Amodeo II, the court states
“financial records of a wholly owned business, family affairs, illnesses, embarrassing conduct with
no public ramifications” may be considered private information. If a privacy interest is involved,
then the Court must balance…
giuffre-maxwell
gov.uscourts.nysd.447706.1328.9
21 pg
…186 (S.D.N.Y. 2014) (citations, internal quotation
marks and brackets omitted).
Defendant has submitted that she has not put her private
affairs at issue, and that such questions are highly intrusive.
Notwithstanding, the questions are directed to reveal…
giuffre-maxwell
gov.uscourts.nysd.447706.1250.0
7 pg
…Warner Commc’ns, Inc., 435 U.S. 589, 598 (1978) (internal quotation marks omitted).
In support of their claim that “there is no basis” to continue respecting the privacy rights
of an “already . . . disclosed” victim’s identity and circumstances, id…
giuffre-maxwell
gov.uscourts.nysd.447706.1068.0
31 pg
…2d 383, 387 (E.D.N.Y. 2013) (internal quotation marks and citations
omitted); see also Amodeo II, 71 F.3d at 1051 (“[A] court may consider whether the nature of the
materials is such that there is a fair…
giuffre-maxwell
gov.uscourts.nysd.447706.1020.0
7 pg
…. . should weigh heavily in a court’s
balancing equation”) (internal quotations omitted).
B. “Ancillary” court submissions. A court’s authority to oversee discovery and control
the evidence introduced at trial is ancillary to the court’s core role in adjudicating…
giuffre-maxwell
gov.uscourts.nysd.447706.1294.0
11 pg
…and
observable.”) (internal citation and quotation omitted).
The Court weighed the privacy interests advanced by Doe 171
against the public interest in access to judicial documents.
The Court held that Doe 171’s privacy interests did not outweigh
the presumption…
giuffre-maxwell
gov.uscourts.nysd.447706.1166.0_1
14 pg
…Indus.,
Inc., 658 F. App’x 593, 594 (2d Cir. 2016) (internal quotations omitted).
Ms. Maxwell’s Sixth Amendment fair trial rights were first raised in her letter Motion for
Reconsideration, DE 1078, and not earlier, because she was indicted…
giuffre-maxwell
gov.uscourts.nysd.447706.1156.0
35 pg
…19, 2020) (internal quotation marks
and alterations omitted).
Similarly, Maxwell’s claim that certain Non-Parties may be witnesses in her criminal trial
has no bearing on whether the public has a right to access a judicial document filed in…
giuffre-maxwell
gov.uscourts.nysd.447706.1213.0
18 pg
…v. Virginia, 448 U.S. 555, 580 (1980) (citation and
internal quotation marks omitted). The same constitutional protections apply to civil proceedings,
as “the First Amendment . . . secure[s] to the public and to the press a right of access to…
giuffre-maxwell
gov.uscourts.nysd.447706.1149.0
18 pg
…2002) (internal citations omitted).
The mandate rule bars disclosure of any pages that were redacted by the Second Circuit.
The law of the case doctrine bars disclosure of any other “deposition responses concerning
intimate matters where the questions were likely…
giuffre-maxwell
gov.uscourts.nysd.447706.63.0
22 pg
…Walls v. Paulson, 250 F.R.D. 48 (D.D.C. 2008) (sanctioning Plaintiff for
failure to sign interrogatories) (internal citations omitted).
5
Plaintiff refused to answer at all Interrogatory Nos. 5-14. Id. at 10-17. With respect…
giuffre-maxwell
gov.uscourts.nysd.447706.1057.0
17 pg
…cooperating witnesses, “and concluding
that sealing was justified in part "to safeguard the privacy of individuals involved in an
investigation”; “[t]he district court was in the best position to weigh these factors”) (internal
quotations and citation omitted); Hardy, 697…
giuffre-maxwell
gov.uscourts.nysd.447706.1078.0
9 pg
…important values, like the Sixth Amendment right of
the accused to a fair trial . . . and the defendant’s . . . privacy interests.’”) (internal quotations
omitted; quoting United States v. Rajaratnam, 708 F. Supp. 2d 371, 374-75 (S.D.N.Y. 2010…
giuffre-maxwell
gov.uscourts.nysd.447706.1219.8
29 pg
…C. 1983) (courts should
remain concerned about “fishing expeditions, discovery abuse and inordinate expense involved
in overbroad and far-ranging discovery requests”) (internal quotations omitted). Plaintiff must
simply be satisfied that the defense has discharged its discovery obligations and, as…
giuffre-maxwell
gov.uscourts.nysd.447706.1351.0
32 pg
…scandal arising out of unproven potentially libelous statements,” and
described various methods available “to protect the judicial process from being
coopted for such purposes.” Id. at 51–52 (internal quotation marks omitted). No
such concerns are raised on this appeal.
…
giuffre-maxwell
gov.uscourts.nysd.447706.148.0
9 pg
…official information.” The documents are a series of
exchanges initiated by Plaintiff’s lawyers in an attempt to advance Plaintiff’s economic interests.
The documents do not contain the internal communications of law enforcement or relate to law
1
See…
giuffre-maxwell
gov.uscourts.nysd.447706.993.0
28 pg
…at *2
(S.D.N.Y. Nov. 11, 2017) (Preska, J.) (internal quotation marks and alterations omitted). The
materials in all of the categories proposed, including Category 4, easily meet this standard. The
parties’ proposed trial testimony reflects the evidence…
giuffre-maxwell
gov.uscourts.nysd.447706.936.0
21 pg
…the resultant value of such information to those monitoring the federal courts, balanced
against competing considerations such as 'the privacy interests of those resisting disclosure.'" Id.
(internal quotation marks omitted). The presumption weakens where "testimony or documents
play only a…