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.447706.1238.0
1 pg
…she
does not wish to further address those objections. See Dkt. 1230 at 2.
Each of the listed Does has counsel who have ably asserted their own respective
privacy rights. Ms. Maxwell therefore leaves it to this Court to conduct…
giuffre-maxwell
gov.uscourts.nysd.447706.1242.0
9 pg
…Brown v. Maxwell, 929 F.3d 41,
47 n.13 (2d Cir. 2019) (noting that it is the “privacy interest of those who resist disclose” that serve
as a countervailing interest) (quoting S.E.C. v. TheStreet.Com, 273 F…
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.447706.1166.0_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.447706.41.5
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.447706.995.0
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…
giuffre-maxwell
gov.uscourts.nysd.447706.1083.0
3 pg
…and 3, implicit in the Court’s Order and Protocol for Unsealing Decided
Motions, was to afford each Nonparty the opportunity for notice and the chance to be heard
prior to unsealing materials that implicate their privacy rights. (Doc. 1044…
giuffre-maxwell
gov.uscourts.nysd.447706.39.1
7 pg
…16 Page 3 of 7
3. Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates common law and statutory privacy interests of (a)
plaintiff Virginia Roberts Giuffre and (b) defendant Ghislaine Maxwell.
4. CONFIDENTIAL information shall not be…
giuffre-maxwell
gov.uscourts.nysd.447706.1354.0
7 pg
…opinion, the Second Circuit suggested in dicta that “[t]he District Court may also
order the parties to identify and notify additional parties whose privacy interests would likely be
1
Based on lessons learned from past rounds of unsealing, the…
giuffre-maxwell
gov.uscourts.nysd.447706.1351.0
32 pg
…that as to parts of defendant
Ghislaine Maxwell’s deposition concerning her sexual relationships with
consenting adults, her privacy interests outweighed any presumption of
public access; (4) finding the countervailing privacy interests of various
pseudonymized third-parties to outweigh any…
giuffre-maxwell
gov.uscourts.nysd.447706.1150.1_2
28 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.447706.335.0
13 pg
…08/16 Page 5 of 13
faith basis for such designation, and that disclosure of such information to persons other than those
permitted access to such material would cause a privacy harm to the designating party.” Protective
Order at ¶ 8…
giuffre-maxwell
gov.uscourts.nysd.447706.24.2
2 pg
…7454
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giuffre-maxwell
gov.uscourts.nysd.447706.1349.0
31 pg
…that as to parts of defendant
Ghislaine Maxwell’s deposition concerning her sexual relationships with
consenting adults, her privacy interests outweighed any presumption of
public access; (4) finding the countervailing privacy interests of various
pseudonymized third-parties to outweigh any…
giuffre-maxwell
gov.uscourts.nysd.447706.1191.0_1
3 pg
…the deposition transcript would be shielded from
public release by the Protective Order. Judge Sweet agreed, saying any “privacy concerns are
alleviated by the Protective Order in this case, drafted by Defendant.” In turn, the Second
Circuit in Brown v…
giuffre-maxwell
gov.uscourts.nysd.447706.69.2
21 pg
…embarrassment, loss of self-esteem, loss of standing in the community, loss of
dignity and invasion of privacy in her public and private life not less than
$30,000,000.00.
a. Computation Analysis
i. Under New York law, defamation…
giuffre-maxwell
gov.uscourts.nysd.447706.132.1
31 pg
…put in the
2 press a number of statements regarding that, and I can't
3 imagine that it is to the extent she claims privacy now, those
4 might be relevant in our case both on credibility and also…
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