Found 23 results for “precedent” in 140ms

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.447706.1124.0_3.pdf PDF

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…

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.447706.1014.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1014.0 3 pg

…They are thus judicial documents at the time of filing. There is no precedent to suggest a filing can lose its status as a judicial document once given. Doe accepts the fact that papers submitted in support of a pending…

gov.uscourts.nysd.447706.972.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.972.0 1 pg

…the mandate issues. Though Ms. Maxwell is considering filing a petition for rehearing, we believe it highly unlikely such petition would be successful as the Second Circuit panel directly followed governing precedent. Ms. Maxwell otherwise appears to agree that the…

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.447706.1008.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1008.0 5 pg

…Preska November 12, 2019 Page |3 decided.”). In light of this precedent, the Court should hold that materials submitted to a court to influence a judicial decision are judicial documents even in the case of undecided motions. II. Whether a…

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.447706.1259.0.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.447706.977.1.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.447706.997.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.997.0 5 pg

…Otherwise Improper Content Are Non-Judicial Plaintiff does not appear to contest that filings with frivolous, scandalous, or otherwise improper content, which is predicated on the express language of governing precedent. See, e.g., Lugosch, 435 F.3d at 122…

gov.uscourts.nysd.447706.968.0_1.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.968.0_1 26 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.447706.978.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.978.0 27 pg

…2527 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.447706.492.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.492.0 9 pg

…Question concerning Documents Produced After the Deposition This Court has already ruled that reopening a party deposition is appropriate where important3 documents are produced after the deposition is completed. This ruling is in accord with relevant precedent. See Wesley v…

gov.uscourts.nysd.447706.1005.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1005.0 6 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.447706.977.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.977.0 27 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…

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