giuffre-maxwell
gov.uscourts.nysd.447706.1250.0
7 pg
…Reality: Courts routinely seal records concerning underage victims – well beyond
replacing their names with initials – and victims do not forego their rights to privacy
merely because they have played a role in a civil or criminal case against perpetrators.
As…
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.447706.1238.0
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.447706.1240.0
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.447706.1329.0
3 pg
…no. 1321 at 2.)
Second, even so, the privacy interests at stake outweigh any
presumption of public access to the Document. The public does not
have an absolute right to access and inspect court documents;
rather, courts may exercise their…
giuffre-maxwell
gov.uscourts.nysd.447706.1124.0_3
2 pg
…(2) objected to the unsealing of their names out of respect for their “privacy,” and (3)
requested excerpts for their “review.” They also provided Doe 1’s current address—the same
Case 1:15-cv-07433-LAP…
giuffre-maxwell
gov.uscourts.nysd.447706.1199.16_1
12 pg
…party witnesses. Release of such
confidential information outside of the litigation could expose the parties to ‘annoyance,
embarrassment, [and] oppression and result in significant injury to one or more of the parties’
business or privacy interests.”
- Defendant, Ghislaine Maxwell, March…
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.447706.1157.0_1
5 pg
…Protocol, is that 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.” (Protocol at 5.) Accordingly…
giuffre-maxwell
gov.uscourts.nysd.447706.1285.0
6 pg
…1:15-cv-07433-LAP Document 1285 Filed 12/05/22 Page 2 of 6
information necessary to evaluate her privacy interests at stake.) See also Appendix
(Summary Chart).1
While Doe 171 strenuously maintains her right to remain anonymous…
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