giuffre-maxwell
gov.uscourts.nysd.447706.977.2
1 pg
…Filed
315-3, 08/09/2019, 08/09/19Page1
2628211, Pageof11of 1
POOLER, Circuit Judge, dissenting in part:
I join the Court’s opinion in every respect but one: the decision to unseal
the summary judgment record ourselves. I agree…
giuffre-maxwell
gov.uscourts.nysd.447706.968.1
1 pg
…Document 217-2, 07/03/2019, 2600298, Page1 of 1
POOLER, Circuit Judge, dissenting in part:
I join the Court’s opinion in every respect but one: the decision to unseal
the summary judgment record ourselves. I agree that all…
giuffre-maxwell
gov.uscourts.nysd.447706.978.0
27 pg
…the City of New York, on the
3rd day of July, two thousand and nineteen.
Before: José A. Cabranes,
Rosemary S. Pooler,
Christopher F. Droney,
Circuit Judges.
________________________________
Julie Brown, Miami Herald Media Company,
…
giuffre-maxwell
gov.uscourts.nysd.447706.977.0
27 pg
…Square, in the City of New York, on the
3rd day of July, two thousand and nineteen.
Before: José A. Cabranes,
Rosemary S. Pooler,
Christopher F. Droney,
Circuit Judges.
________________________________
…
giuffre-maxwell
gov.uscourts.nysd.447706.1215.0
13 pg
…engage in hateful personal attacks, and taint the jury pool that will hear Ms.
Giuffre’s case. The Court should not allow such callous abuse of a First Amendment right,
particularly as there is no merit to Dershowitz’s claim…
giuffre-maxwell
gov.uscourts.nysd.447706.1302.0
3 pg
…York,
on the 28th day of June, two thousand twenty-three.
PRESENT: JOSÉ A. CABRANES,
ROSEMARY S. POOLER,
REENA RAGGI,
Circuit Judges.
TGP COMMUNICATIONS, LLC
d/b/a THE GATEWAY PUNDIT,
Interv…
giuffre-maxwell
gov.uscourts.nysd.447706.1126.0
3 pg
…of New York,
on the 19th day of October, two thousand twenty.
PRESENT: JOSÉ A. CABRANES,
ROSEMARY S. POOLER,
REENA RAGGI,
Circuit Judges.
VIRGINIA L. GIUFFRE,
Plaintiff-Appellee, …
giuffre-maxwell
gov.uscourts.nysd.447706.977.1
25 pg
…York
ARGUED: MARCH 6, 2019
DECIDED: JULY 3, 2019
Before: CABRANES, POOLER, and DRONEY, Circuit Judges.
Intervenors‐Appellants Alan Dershowitz, Michael Cernovich,
and the Miami Herald Company (with reporter Julie Brown) appeal
from certain orders of the United States District…
giuffre-maxwell
gov.uscourts.nysd.447706.968.0_1
26 pg
…York
ARGUED: MARCH 6, 2019
DECIDED: JULY 2, 2019
Before: CABRANES, POOLER, and DRONEY, Circuit Judges.
Intervenors‐Appellants Alan Dershowitz, Michael Cernovich,
and the Miami Herald Company (with reporter Julie Brown) appeal
from certain orders of the United States District…
giuffre-maxwell
gov.uscourts.nysd.447706.1219.30
16 pg
…and then use, unsupported media speculation to (a) support her
overreaching discovery requests, and (b) taint the jury pool in this jurisdiction.
In sum, given the media attention focused on this case, and Plaintiff’s apparent
willingness to publicly disclose…
giuffre-maxwell
gov.uscourts.nysd.447706.1166.0_1
14 pg
…1:15-cv-07433-LAP Document 1166 Filed 12/01/20 Page 10 of 14
and testimony of prospective criminal trial witnesses.6 History proves that any and all of the
Sealed Items will be broadcast to the jury pool…
giuffre-maxwell
gov.uscourts.nysd.447706.1156.0
35 pg
…concerning pretrial publicity are meritless, as even in high-profile criminal cases, vague arguments
that negative pretrial publicity will result in a tainted jury pool are too speculative to justify keeping
judicial documents under seal. See United States v. Graham…
giuffre-maxwell
gov.uscourts.nysd.447706.1149.0
18 pg
…Release of Evidence That May Be Deemed Inadmissible in the Criminal
Action Risks Tainting and Prejudicing the Jury Pool
The deposition testimony and witness names and information that may be revealed in this
unsealing may or may not be presented…
giuffre-maxwell
gov.uscourts.nysd.447706.955.0
43 pg
…13 of
of 43
41
trial in mid-May and a release of contested confidential
discovery materials could conceivably taint the jury pool." Id.
The parties arrived at a settlement and jointly
stipu…
giuffre-maxwell
gov.uscourts.nysd.447706.946.0_1
14 pg
…has now settled. This Court denied the Cernovich
Motion in part because of the ongoing status of the litigation, and the risk that "a release of
contested confidential discovery material could conceivably taint the jury pool." (ECF No. 892, at
…
giuffre-maxwell
gov.uscourts.nysd.447706.406.0
31 pg
…Ms. Giuffre in advance of trial – clearly to assist his joint defense partner, Defendant Maxwell,
by poisoning the jury pool in this case.
Dershowitz has no legal basis for his request. The documents in questions are not judicial
documents, and…
giuffre-maxwell
gov.uscourts.nysd.447706.222.0
10 pg
…to testify. But if the deposition video is broadcast on the local
news, a large segment of the potential jury pool will have been exposed to the
memorable image of the defendant doing just that.
Hobley v. Burge, 225 F…
giuffre-maxwell
gov.uscourts.nysd.447706.1332.10
64 pg
…as it is little more
18 than an attempt to taint the jury pool and malign the plaintiff
19 in the eyes of the public immediately prior to trial.
20 This Court's analysis can begin and end with the…
giuffre-maxwell
gov.uscourts.nysd.447706.936.0
21 pg
…the Court emphasized that, due to the ongoing status of the
litigation and the imminence of trial, "a release of contested confidential discovery material could
conceivably taint the jury pool." (Id., at 7.) Summarizing, the court stated: "Because of the…
giuffre-maxwell
gov.uscourts.nysd.447706.589.0
24 pg
…Indeed, with jury selection in this case right around
the corner, releasing these materials now could taint the jury pool. Cernovich offers no sound
reason for modifying the order.
2. Both the Parties and Deponents in This Case Have Reasonably…
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