Found 12 results for “precedent” in 138ms

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.447706.980.0.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.447706.1099.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1099.0 4 pg

…eviscerating any judicial economy, and would set a precedent for Non-Parties to file delayed objections long after their time to do so has expired under the Protocol. Case 1:15-cv-07433-LAP Document 1099 Filed 08/10…

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.447706.1057.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1057.0 17 pg

…and useful in the judicial process in order for it to be designated a judicial document. Id. Brown was building on Amodeo I’s holding when it said, “As our precedent makes clear, a court “‘perform[s] the judicial function’ . …

gov.uscourts.nysd.447706.1253.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1253.0 12 pg

…In their reply, Doe 144 reiterates that they have “accurately cited precedent stating that the presumption of access to materials filed in connection with discovery or other ancillary motions is ‘lower than the presumption applied to material introduced at trial…

gov.uscourts.nysd.447706.1351.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1351.0 32 pg

…those documents individually for possible unsealing. We agree that no such categorical conclusion was warranted. To the extent that error may be attributable to any lack of clarity in this court’s precedents, see January 2020 Order, 2020 WL 133570…

gov.uscourts.nysd.447706.949.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.949.0 31 pg

…the 11 law. There is not a single precedence cited for that 12 proposition because every document is considered in its 13 individuality. 14 I want to address one other point here that seems to 15 get conflated. It was…

gov.uscourts.nysd.447706.1328.20.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1328.20 14 pg

…Two, the case at bar is an “open judicial proceeding”2 involving Plaintiff as a person who falsely has claimed to be a sexual assault crime victim; a number of such open judicial proceedings have preceded this one and, accordingly…

gov.uscourts.nysd.447706.1199.6_1.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1199.6_1 14 pg

…Two, the case at bar is an “open judicial proceeding”2 involving Plaintiff as a person who falsely has claimed to be a sexual assault crime victim; a number of such open judicial proceedings have preceded this one and, accordingly…

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