giuffre-maxwell
gov.uscourts.nysd.447706.1218.37
9 pg
…sanctions against Defendant, Alan M. Dershowitz in connection to his filing the
Motion in Limine to Overrrule Objections As to Application of Settlement Rules, Filing#
35429605 E-filed 12/11 /2015 at 10:08:04 a.m., and to strike…
giuffre-maxwell
gov.uscourts.nysd.447706.1206.2
23 pg
…Maxwell....................................................................... 2
B. Maxwell’s April and July 2016 depositions ...................................................................... 4
C. The Settlement And Refusal To Comply With The Protective Order..... 6
…
giuffre-maxwell
gov.uscourts.nysd.447706.1220.0
17 pg
…and the materials filed in
11 connection with that motion are not judicial documents.
12 Ms. Maxwell submitted that motion to compel production of
13 Ms. Giuffre's settlement agreement with Mr. Epstein. Judge
14 Sweet never decided that motion…
giuffre-maxwell
gov.uscourts.nysd.447706.1351.0
32 pg
…declining to
unseal certain documents. They submit that the district court erred in
(1) holding that undecided motions rendered moot by the parties’
settlement of this case were categorically not “judicial documents” subject
to a presumption of public access; (2)…
giuffre-maxwell
gov.uscourts.nysd.447706.363.8
3 pg
…the parties have issued the attached Joint Statement.
JOINT STATEMENT OF BRAD EDWARDS, PAUL CASSELL AND ALAN DERSHOWITZ REGARDING
SETTLEMENT
Brad Edwards, Paul Cassell and Alan Dershowitz have today settled their pending
defamation claims in which Edwards and Cassell sued…
giuffre-maxwell
gov.uscourts.nysd.447706.1349.0
31 pg
…declining to
unseal certain documents. They submit that the district court erred in
(1) holding that undecided motions rendered moot by the parties’
settlement of this case were categorically not “judicial documents” subject
to a presumption of public access; (2)…
giuffre-maxwell
gov.uscourts.nysd.447706.132.1
31 pg
…that she has raised is,
14 for example, she had asked for the Epstein settlement agreement
15 and that was one of the things that she asked for. We agreed
16 to produce that if we got the waiver from…
giuffre-maxwell
gov.uscourts.nysd.447706.1320.28
32 pg
…has he issued any public
statement regarding Plaintiff. Indeed, Plaintiff and Epstein fully resolved any claims
against one another by way of a confidential settlement in 2009, another action in which
Ms. Maxwell had no role.
x Assertion of the…
giuffre-maxwell
gov.uscourts.nysd.447706.1206.13
22 pg
…its holding is no trivial matter.
In Palmieri v. State of New York, the federal magistrate issued two sealing orders
protecting the confidentiality of settlement discussions of a private antitrust case. 779 F.2d 861,
863–64 (2d Cir. 1985)…
giuffre-maxwell
gov.uscourts.nysd.447706.1328.41
31 pg
…2044.1 (3d ed. Westlaw 2012) ............................................ 21
ALAN DERSHOWITZ, TAKING THE STAND: MY LIFE IN THE LAW (2013) ....................................... 24
"Did Dershowitz Shell Out Big Bucks to Get Settlement in Sex Case?"
by Vivia Chen, April 12, 2016......................................................…
giuffre-maxwell
gov.uscourts.nysd.447706.1219.30
16 pg
…no such claims. Remarkably, Plaintiff still refuses to disclose both the
Settlement Agreement and the vast sum of money she has already obtained from Jeffrey Epstein related to her
claims, despite their much greater relevance to this action. A further…
giuffre-maxwell
gov.uscourts.nysd.447706.1218.14
32 pg
…HER ATTORNEYS’ CONTINUING INSISTENCE ON, AND
REPETITION OF, ACCUSATIONS AGAINST PROFESSOR DERSHOWITZ
Despite the settlement of the defamation case and the resulting joint statement, the court
order striking the “lurid” allegations against Professor Dershowitz in the CVRA Action, and the
…
giuffre-maxwell
gov.uscourts.nysd.447706.1073.0
22 pg
…Judge Sweet noted,
this case did not go to trial, nor will it ever, given the settlement of the matter more than three
years ago. Were there a trial, then each of the allegations could be met with contrary evidence…
giuffre-maxwell
gov.uscourts.nysd.447706.1237.0
20 pg
…in inapposite. In Malloy, the court remarked that in the
context of whether to seal a settlement agreement, “the Second Circuit repeatedly has held that
there is no established presumption of public access with respect to confidential settlement
discussions, terms…
giuffre-maxwell
gov.uscourts.nysd.447706.1242.0
9 pg
…The redaction of minor names in a settlement agreement filed under
seal (Malloy) and in a sentencing memorandum (Litvak) does not account for the profound public
interest in the subject matter of deposition testimony in this action.
5
Case…
giuffre-maxwell
gov.uscourts.nysd.447706.1332.15
11 pg
…another case.
In Gambale v. Deutsche Bank AG, 377 F.3d 133 (2d Cir. 2004), the court sua sponte publicly
disclosed settlement terms. In re Ethylene Propylene Diene Monomer (EPDM) Antitrust Litig.,
255 F.R.D. 308, 313 (D. Conn…
giuffre-maxwell
gov.uscourts.nysd.447706.1090.4_1
29 pg
…Plaintiff and her attorneys, and 2) her attorneys’ work
product and thought process in investigating and “reasonable belief” in the claims.3
3
In a joint press release relating to the settlement of the Dershowitz Case, Plaintiff and her attorneys…
giuffre-maxwell
gov.uscourts.nysd.447706.1331.9
12 pg
…283
1 J. Epstein - Confidential
2 foundation.
3 THE WITNESS: Fifth.
4 BY MR. PAGLIUCA:
5 Q. In 2009, you entered into a settlement
6 agreement with Ms. Giuffre, formerly known as
7 Ms. Roberts, the Plaintiff in this case…
giuffre-maxwell
gov.uscourts.nysd.447706.1256.12
32 pg
…has he issued any public
statement regarding Plaintiff. Indeed, Plaintiff and Epstein fully resolved any claims
against one another by way of a confidential settlement in 2009, another action in which
Ms. Maxwell had no role.
Assertion of the…
giuffre-maxwell
gov.uscourts.nysd.447706.164.0
29 pg
…Plaintiff and her attorneys, and 2) her attorneys’ work
product and thought process in investigating and “reasonable belief” in the claims.3
3
In a joint press release relating to the settlement of the Dershowitz Case, Plaintiff and her attorneys…
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