giuffre-maxwell
gov.uscourts.nysd.447706.1068.0
31 pg
…The Court Should Unseal Portions of Docket Entries the Second Circuit Already
Released. .................................................................................................................................... 6
III. The Court Should Unseal Portions of Documents Mentioning Doe 1 and Doe 2. ... 6
IV. …
giuffre-maxwell
gov.uscourts.nysd.447706.1305.0
4 pg
…s identity, failing to “include a ‘particularized’ or ‘individualized’ review” of materials to balance
the public’s interest in monitoring federal courts’ exercise of their powers against “countervailing
private interests,” and “failing to consider international comity.” Doe 171 Br. at…
giuffre-maxwell
gov.uscourts.nysd.447706.1284.0
17 pg
…for a
15 dispositive motion. It's nevertheless important to the
16 public's interest in monitoring federal courts' exercise of
17 their Article III powers.
18 With this presumption of public access in mind, the
19 Court turns to…
giuffre-maxwell
gov.uscourts.nysd.447706.1283.0
17 pg
…for a
15 dispositive motion. It's nevertheless important to the
16 public's interest in monitoring federal courts' exercise of
17 their Article III powers.
18 With this presumption of public access in mind, the
19 Court turns to…
giuffre-maxwell
gov.uscourts.nysd.447706.1253.0
12 pg
…Access.
In their reply submission, Doe 144 again presents three principal reasons that the Court
should not unseal material mentioning them: (1) that the presumption of public access here is low;
(2) that any public value of the material is…
giuffre-maxwell
gov.uscourts.nysd.447706.1247.0
25 pg
…wrongdoing. In any
event, the excerpts mentioning Doe 107 do not accuse them of any wrongdoing at all. The Rule
26 disclosures only state that Doe 107 may have knowledge of the sex-trafficking scheme at issue
in this case…
giuffre-maxwell
gov.uscourts.nysd.447706.1111.0
69 pg
…14
great weight is given to documents that are material to particular judicial decisions and thus
critical to ‘determining litigants’ substantive rights -- conduct at the heart of Article III -- and . . .
public monitoring of that conduct.’” All Funds, 643 F. Supp…
giuffre-maxwell
gov.uscourts.nysd.447706.1218.14
32 pg
…was advising Ms.
Giuffre about how to maximize her payments for selling her story, first
raised the idea of mentioning Professor Dershowitz in connection with the
alleged abuse, despite the fact that there was “no proof” that he was
involved…
giuffre-maxwell
gov.uscourts.nysd.447706.1073.0
22 pg
…50).
A. Non-Response from Does 1 and 2 Not Dispositive of Countervailing Interests
Plaintiff argues that all documents mentioning Does 1 and 2 should be released because
neither requested excerpts nor interposed any objection. She also claims that some…
giuffre-maxwell
gov.uscourts.nysd.447706.1078.5
161 pg
…to a 'luxury hotel' in the New
York area, surrender all her travel documents and be subject to GPS monitoring.
But Judge Nathan ruled the British socialite was a significant flight risk, citing her
'substantial international' ties and 'extraordinary financial…
giuffre-maxwell
gov.uscourts.nysd.447706.1237.0
20 pg
…See Amodeo,
71 F.3d at 1051.
Accordingly, given the public’s interest in monitoring the judicial functions overseeing this
case, that with important and national ramifications that have been widely reported in the media,
the deposition material should be…
giuffre-maxwell
gov.uscourts.nysd.447706.1250.0
7 pg
…. in the exercise of Article III” authority, and “the resultant value of such
information to those monitoring the federal courts.” Brown, 929 F.3d at 49. That analytical
jump is unwarranted outside the habeas setting where one cannot necessarily conclude…
giuffre-maxwell
gov.uscourts.nysd.447706.1242.0
9 pg
…4 Even in one of the cases that Does 55 and 56 cite, the Court permitted
redactions of only the names and personally identifiable information of minors, not wholesale
sealing of judicial documents mentioning minors. See United States v. Johnson…
giuffre-maxwell
gov.uscourts.nysd.447706.1067.0
10 pg
…the Court said that it was “amenable to unsealing portions of
documents mentioning non-parties rather than waiting to unseal the entirety of a given document
until all non-parties have provided input.” Intervenors ask that the Court follow the…
giuffre-maxwell
gov.uscourts.nysd.447706.1218.50
15 pg
…Ms. Giuffre
attempts no rejoinder to the reasoning of Mokhiber and its progeny: that modern discovery
motions are core judicial processes that “may prove decisive to the outcome of particular
disputes” and therefore must be open to public monitoring. Mokhiber…
giuffre-maxwell
gov.uscourts.nysd.447706.1161.0_1
17 pg
…s victims.
Separately, the Court shall provide to the USVI a copy of a
prior order, docketed under seal, explaining why the Court-ordered
disclosure to Mr. Dershowitz of materials mentioning him (See
Order, dated Sept. 9, 2020 [dkt. no…
giuffre-maxwell
gov.uscourts.nysd.447706.364.0
32 pg
…weight afforded to the presumption of access is “governed by the role of the material at issue
in the exercise of Article III judicial power and the resultant value of such information to those
monitoring the federal courts.” Lugosch v…
giuffre-maxwell
gov.uscourts.nysd.447706.955.0
43 pg
…presumption of access, which is a function of "the role
of the material at issue in the exercise of Article III judicial
power" and "the resultant value of such information to those
monitoring the federal courts." See id.; Stern v…
giuffre-maxwell
gov.uscourts.nysd.447706.406.0
31 pg
…of access. “[T]he presumption of access must be governed by the role
of the material at issue in the exercise of Article III judicial power and the resultant value of such
information to those monitoring the federal courts. Generally…
giuffre-maxwell
gov.uscourts.nysd.447706.604.0
11 pg
…s plight. However, when the Article III power
of the Court is invoked, “access to testimony and documents” makes monitoring necessary to
instill in the public “confidence in the conscientiousness, reasonableness, or honesty of judicial
proceedings.” United States v. Amodeo…
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