Found 41 results for “precedent” in 164ms

gov.uscourts.nysd.447706.1302.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1302.0 3 pg

…TGP Communications, LLC v. Doe UNITED STATES COURT OF APPEALS Jul 19 2023 FOR THE SECOND CIRCUIT SUMMARY ORDER Rulings by summary order do not have precedential effect. Citation …

gov.uscourts.nysd.447706.1305.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1305.0 4 pg

…cv-7433(LAP) 22-3050 Doe 171 v. Giuffre UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER Rulings by summary order do not have precedential effect. Citation to a summary order…

gov.uscourts.nysd.447706.1304.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1304.0 3 pg

…cv-7433(LAP) 22-3042 Doe 107 v. Giuffre UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER Rulings by summary order do not have precedential effect. Citation to a summary order …

gov.uscourts.nysd.447706.1105.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1105.0 8 pg

…Court regarding unsealing, the Court’s protocol and legal precedent dictate that the absence of such participation should not factor negatively into the Court’s balancing of considerations – as it is ultimately the responsibility of this Court, and not the…

gov.uscourts.nysd.447706.1250.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1250.0 7 pg

…law and urging legal propositions that are, in fact, contrary to Second Circuit precedent, Intervenors’ brief only underscores that the Court should resist allowing its records to result in the publishing of “the painful and sometimes disgusting details of a . …

gov.uscourts.nysd.447706.1149.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1149.0 18 pg

…18 the media frenzy attendant to these proceedings will jeopardize Ms. Maxwell’s right to a fair criminal trial, in violation of Supreme Court precedent and Local Rule 23.1. Finally, the materials at issue should not be released publicly…

gov.uscourts.nysd.447706.408.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.408.0 13 pg

…Since July 2008, I have been involved in important and precedent-setting crime victims’ rights litigation in the Southern District of Florida trying to protect the rights of various victims under the Crime Victims’ Rights Act (CVRA), 18 U.S…

gov.uscourts.nysd.447706.980.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.980.0 10 pg

…respectfully write to ask this Court to protect those non-party interests; a request that is consistent with long-standing Circuit precedent establishing that this responsibility “rests heavily upon the shoulders” of the district court. In re New York Times…

gov.uscourts.nysd.447706.1068.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1068.0 31 pg

…motion papers. And Maxwell cites no precedent for the proposition that Doe 1’s memory is a countervailing interest sufficient to justify continued sealing—Doe 1’s medical condition may have been the proper subject of cross-examination, but it…

gov.uscourts.nysd.447706.1125.0_2.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1125.0_2 5 pg

…not have had a working understanding of the process in the first place.1 Ms. Giuffre argues that “[a]llowing Non-Parties multiple opportunities to object to unsealing would set a precedent that would exponentially delay this process.” (Dkt. no…

gov.uscourts.nysd.447706.1119.0_3.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1119.0_3 4 pg

…orders”). 3 The USVI concedes implicitly that such materials do not constitute judicial records under Second Circuit precedent and thus will not be released pursuant to the protocol. Case 1:15-cv-07433-LAP Document 1119 Filed 09/22…

gov.uscourts.nysd.447706.1218.38.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1218.38 8 pg

…is well within this Court's province to award severe sanctions against him. Mr. Dershowitz's deliberate and willful behavior is sufficient under the contro lling precedent for this Court to strike his pleadings in this case. Mercer v. Raine…

gov.uscourts.nysd.447706.1156.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1156.0 35 pg

…F.2d at 293. Where, as here, the deposition transcripts are judicial documents, under Second Circuit precedent “there is a presumption in favor of public access” that Martindell does not disturb. S.E.C. v. TheStreet.Com, 273 F.3d…

gov.uscourts.nysd.447706.1259.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1259.0 17 pg

…scrutiny that which rightfully should be exposed to sunlight. As the Second Circuit concluded, “in contravention of our precedent, the District Court failed to review the documents individually and produce specific, on-the-record findings that sealing is necessary to…

gov.uscourts.nysd.447706.1213.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1213.0 18 pg

…468, and 640—because what the media ultimately does with unsealed documents is not determinative of whether presently sealed materials must be unsealed under controlling Second Circuit precedent. Maxwell’s criticisms are misguided because they are based on the proposition…

gov.uscourts.nysd.447706.977.1.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.977.1 25 pg

…25 weights of presumption based on the extent to which they were relied upon in resolving [a] motion [for summary judgment].”18 Second, in contravention of our precedent, the District Court failed to review the documents individually and produce “specific…

gov.uscourts.nysd.447706.995.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.995.0 11 pg

…While John Doe desperately wants to preclude these trial deposition designations from being unsealed, they are judicial documents that were directly related to the trial in this matter and they should be unsealed under Second Circuit precedent. See Lown v…

gov.uscourts.nysd.447706.406.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.406.0 31 pg

…confidence in the administration of justice.”). Indeed, the motion to intervene is devoid of any citations to precedent that allows an individual to exploit these bedrock legal principles solely for his personal benefit, rather than the public at large. Furthermore…

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