giuffre-maxwell
gov.uscourts.nysd.447706.1346.0
3 pg
…no. 1315] summarizing its
findings following a particularized review of the documents noted therein and immediately
staying its order for fourteen days to allow any impacted Does an opportunity to appeal.
Prior to expiration of the fourteen-day stay, Does…
giuffre-maxwell
gov.uscourts.nysd.447706.1355.0
1 pg
…event that those efforts prove unsuccessful, however, we would
want to be afforded the opportunity to file an opposition to the Motion before it is decided.
Accordingly, we respectfully request that the Court grant J Doe 12 permission, if
necessary…
giuffre-maxwell
gov.uscourts.nysd.447706.1233.0
2 pg
…objectors (see dkt. no. 1232) and the Miami Herald’s letter
seeking an opportunity to respond to the objections (see dkt.
no. 1321).
The parties shall first file briefs addressing the
objections of the following non-parties: Does 17, 53…
giuffre-maxwell
gov.uscourts.nysd.447706.1319.0
2 pg
…its findings following a particularized
review of the documents noted therein and immediately staying its
order for fourteen days to allow any impacted Doe an opportunity
to appeal.
The Court received inquiries from two Does seeking to remain
under seal…
giuffre-maxwell
gov.uscourts.nysd.447706.986.0
60 pg
…submission may also include labeling certain docket entries as including information that was put
forth in Defendant’s view for an “improper purpose.” Defendant did not challenge these
submissions in the underlying action despite having the opportunity to do so…
giuffre-maxwell
gov.uscourts.nysd.447706.1037.1
14 pg
…countervailing interests rebut the presumption of public
access. To assist in this process and afford persons identified or otherwise interested in the
Sealed Materials the opportunity to participate in the Court’s individualized review, the Court
adopts the following protocol.…
giuffre-maxwell
gov.uscourts.nysd.447706.1015.0
4 pg
…5, 2019, Letter to the Court Must Be Docketed.
Notice of a filing under seal must be entered on the docket, to afford the public an
opportunity to contest the sealing of that document. See United States v. Haller, 837…
giuffre-maxwell
gov.uscourts.nysd.447706.1080.0
2 pg
…related to such
nonparties’ specific conduct will be redacted from the materials being unsealed. Disclosure of the
additional nonparty names will await notice to those parties and an opportunity for them to be
heard.” Id. 5:20-6:1.
Plaintiff…
giuffre-maxwell
gov.uscourts.nysd.447706.1330.17
12 pg
…7 hour limit under the Federal Rules. During
that time, Plaintiff has had a full and fair opportunity to depose Ms. Maxwell on the subject
matters she claims are raised by these two emails, and Plaintiff did in fact question…
giuffre-maxwell
gov.uscourts.nysd.447706.1050.0
12 pg
…email, we're
15 going to include that to give the Non-Parties the greatest
16 opportunity of methods of filing their objections.
17 We had earlier asked the parties to agree on a list of
18 decided motions, and…
giuffre-maxwell
gov.uscourts.nysd.447706.1124.0_3
2 pg
…to documents that may be released, they should not receive a second
opportunity to object thereafter.
Allowing Non-Parties multiple opportunities to object to unsealing would set a precedent
that would exponentially delay this process. The same is true of…
giuffre-maxwell
gov.uscourts.nysd.447706.1119.0_3
4 pg
…ultimately determine what, if any, public access rights attach to presently sealed
filings through a process carefully designed to afford the parties and non-parties alike notice and
an opportunity to be heard. Upon completion of this process, the seal…
giuffre-maxwell
gov.uscourts.nysd.447706.1062.0
7 pg
…Rejecting Dershowitz’s position, the Court specifically structured the protocol to afford
notice to those persons identified or otherwise interested in the Sealed Documents and to allow
such affected persons the opportunity to object and be heard. As made clear…
giuffre-maxwell
gov.uscourts.nysd.447706.1135.0_6
1 pg
…Maxwell believes that her proposed additional redactions comport
with the Court’s direction that Non-Parties be given the opportunity to review and object
before any information identifying their identity or any conduct attributed to them (including
as either an…
giuffre-maxwell
gov.uscourts.nysd.447706.1038.0
2 pg
…unsealed documents “will be publicly available.” Finally, Defendant had the
opportunity to propose this language to Plaintiff prior to submitting the form Notice to the Court,
but failed to do so. This last-minute injection of language that is clearly…
giuffre-maxwell
gov.uscourts.nysd.447706.1234.0
2 pg
…of its objection within 7 days of service of the Original Parties’ opposition.”).
Additionally, as noted above, the Order for the first time provides the Herald with an
opportunity to participate in the unsealing process. See DE 1233, at 1…
giuffre-maxwell
gov.uscourts.nysd.447706.130.0
5 pg
…a judge receives
an unauthorized ex parte communication bearing on the substance of a matter, the
judge should promptly notify the parties of the subject matter of the
communication and allow the parties an opportunity to respond, if requested.
Ms…
giuffre-maxwell
gov.uscourts.nysd.447706.131.0
3 pg
…Filed 05/01/16 Page 2 of 3
respectfully requests that the Court stay its ruling for twenty (20) days to allow Ms. Giuffre an
opportunity to consult with others about how to proceed.
CONCLUSION
Based upon the foregoing, Ms…
giuffre-maxwell
gov.uscourts.nysd.447706.601.0
5 pg
…name and address, so that the party has a fair opportunity to meet it.” This document will serve as to
provide that advance notice to Defendant and the documents referenced have all been produced in the
course of discovery. Specifically…
giuffre-maxwell
gov.uscourts.nysd.447706.1083.0
3 pg
…and 3, implicit in the Court’s Order and Protocol for Unsealing Decided
Motions, was to afford each Nonparty the opportunity for notice and the chance to be heard
prior to unsealing materials that implicate their privacy rights. (Doc. 1044…
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