giuffre-maxwell
gov.uscourts.nysd.447706.1192.0_3
3 pg
…2021 (“January 6 Order”), see DE 233. 1 This appears to be yet another attempt by the
Dershowitz parties to evade this Court’s carefully constructed privacy protections, by requesting
(i) access to non-party information from Giuffre v. Maxwell…
giuffre-maxwell
gov.uscourts.nysd.447706.928.0
11 pg
…this Court entered a Protective Order (DE 62) for the privacy of the
parties and deponents.
1
Case 1:15-cv-07433-LAP Document 928 Filed 10/19/17 Page 2 of 11
2
Case 1:15-cv-07433…
giuffre-maxwell
gov.uscourts.nysd.447706.980.0
10 pg
…the first instance, constitute judicial records
and, if so, whether and to what extent such records may be unsealed without infringing upon the
privacy and reputational rights of persons not before this Court. See Brown v. Maxwell, 929 F.3d…
giuffre-maxwell
gov.uscourts.nysd.447706.977.2
1 pg
…task. As the Court’s opinion recognizes in connection with the remaining
sealed materials, the district court is better positioned to communicate with the
parties and any nonparties whose privacy interests might be affected by
unsealing. On that score, it…
giuffre-maxwell
gov.uscourts.nysd.447706.968.1
1 pg
…task. As the Court’s opinion recognizes in connection with the remaining
sealed materials, the district court is better positioned to communicate with the
parties and any nonparties whose privacy interests might be affected by
unsealing. On that score, it…
giuffre-maxwell
gov.uscourts.nysd.447706.1037.1
14 pg
…Non-Parties List: Plaintiff Virginia Giuffre and Defendant Ghislaine Maxwell
(collectively, the “Original Parties”) each have submitted under seal a list of non-parties whose
privacy, reputational or other interests may be implicated by the unsealing of the Sealed Materials…
giuffre-maxwell
gov.uscourts.nysd.447706.1020.0
7 pg
…and
Ms. Maxwell’s privacy interests.
Further complicating the review are the numerous and varied legal grounds for sealing
and redacting non-judicial and judicial documents. Two general grounds exist.
A document may be sealed if it is a non…
giuffre-maxwell
gov.uscourts.nysd.447706.1105.0
8 pg
…into the
Court’s balancing of considerations – as it is ultimately the responsibility of this Court, and not
the parties or even non-parties, to protect non-party privacy interests.
I. Mr. Dershowitz’s Proposed Disclosure of Confidential Maxwell Materials
…
giuffre-maxwell
gov.uscourts.nysd.447706.1154.0_5
3 pg
…of any Sealed Materials. The solicitation
and receipt of objections from Non-Parties who wish to participate is intended
merely to aid the Court in balancing privacy and other interests against the
public’s right of access. The Court will…
giuffre-maxwell
gov.uscourts.nysd.447706.1073.0
22 pg
…20 Page 3 of 22
her counsel agreed, would be honored subject to the few very limited situations in which the
public right to access the court files overcomes the privacy interests at stake.
ARGUMENT
I. Weight of Presumption
Each…
giuffre-maxwell
gov.uscourts.nysd.447706.1240.0
5 pg
…have failed to meet the burden to demonstrate that any of these
documents should remain sealed.
Generalized Privacy Concerns Do Not Warrant Sealing
This Court has already held that generalized concerns about embarrassment are insufficient
to support sealing judicial documents…
giuffre-maxwell
gov.uscourts.nysd.447706.1325.19
20 pg
… Ms. Maxwell objects to the Interrogatories to the extent they seek information that
is confidential and implicates Ms. Maxwell’s privacy interests.
9. Ms. Maxwell incorporates by reference every general objection set forth above
into each specific response set forth…
giuffre-maxwell
gov.uscourts.nysd.447706.1167.2
27 pg
…undue burden (“Privacy Interests”).
CI-4 - Preserving the fundamental rights of suspects or others under criminal investigation –
including due process right to a fair trial and impartial jury unimpaired by excessive publicity,
release of potentially inadmissible evidence for the Criminal…
giuffre-maxwell
gov.uscourts.nysd.447706.1332.15
11 pg
…On March 18, 2016, this Court entered a Protective Order (DE 62) for the privacy of the
parties and deponents. Non-Party Jane Doe 43 was a fact witness and deponent in the Giuffre v.
Maxwell case. She provided both…
giuffre-maxwell
gov.uscourts.nysd.447706.1199.4_1
4 pg
…the identity of Ms.
Giuffre's minor children, and to protect Ms. Giuffre's privacy interests which are naturally
implicated in the potential release of domestic violence records. Colorado statutes recognize and
protect the privacy of domestic violence victims, see…
giuffre-maxwell
gov.uscourts.nysd.447706.1166.0_1
14 pg
…this case” (Brief at 2);
• Ms. Maxwell objected to the second deposition, based in part on her privacy
concerns about testifying to her adult consensual activity (id.);
• Judge Sweet overruled Ms. Maxwell’s objections to the deposition, ruling that her
…
giuffre-maxwell
gov.uscourts.nysd.447706.1026.1
4 pg
…Non-Parties List: Plaintiff Virginia Giuffre and Defendant Ghislaine Maxwell
(collectively, the “Original Parties”) each have submitted under seal a list of non-parties whose
privacy, reputational or other interests may be implicated by the unsealing of the Sealed
Materials…
giuffre-maxwell
gov.uscourts.nysd.447706.41.5
18 pg
… Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates is covered by common law and statutory privacy
interests protections of (a) plaintiff Virginia Roberts Giuffre and (b) defendant
Ghislaine Maxwell or (c) any non-party that was subject…
giuffre-maxwell
gov.uscourts.nysd.447706.977.1
25 pg
…Court failed to conduct the requisite particularized review
when ordering the sealing of the materials at issue. At the same time,
we recognize the potential damage to privacy and reputation that may
accompany public disclosure of hard‐fought, sensitive litigation…
giuffre-maxwell
gov.uscourts.nysd.447706.995.0
11 pg
…to non-parties would throw those non-
parties into the middle of this frenzy, and unfairly do irreparable harm to their privacy and
reputational interests,” provides no basis for allowing him to litigate behind a curtain.
Dkt. 980 at 3…
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