Found 54 results for “precedent” in 119ms

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.447706.408.0.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.447706.972.0.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.447706.1247.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1247.0 25 pg

…the motion or somehow affected some other judicial function,” Doe 183 MOL at 3, and binding Second Circuit precedent in this very case holds otherwise. Thus, the Court should ignore Doe 183’s speculation about whether or not Judge Sweet…

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.447706.1296.2.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1296.2 17 pg

…was a message from HR indicating that there would be 11 Finally, Defendant also refused to answer foundational questions that are necessary to precede questions authorized by this Court, such as:  “In terms of preparing for this deposition…

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.447706.1119.0_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.447706.1201.1_1.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1201.1_1 17 pg

…was a message from HR indicating that there would be 11 Finally, Defendant also refused to answer foundational questions that are necessary to precede questions authorized by this Court, such as:  “In terms of preparing for this deposition…

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…

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