…Reason Standard Applies to the Documents at Issue ................... 7 2.2.2 The Parties Have Provided Neither a “Compelling Reason” nor “Good Cause” to Seal the Summary Judgment Documents ........................................................... 8 2.2.3 Movant’s Motion is Distinct from Prof…
…arguments, as well as the subsequent conference regarding case logistics. Notably, immediately prior to the beginning of his argument on summary judgment, counsel for Defendant intimated that the courtroom might need to be sealed, but the Court deemed it unnecessary…
…1 POOLER, Circuit Judge, dissenting in part: I join the Court’s opinion in every respect but one: the decision to unseal the summary judgment record ourselves. I agree that all or most of the material must be unsealed. Nevertheless…
…1 POOLER, Circuit Judge, dissenting in part: I join the Court’s opinion in every respect but one: the decision to unseal the summary judgment record ourselves. I agree that all or most of the material must be unsealed. Nevertheless…
…and therefore, at most, begin with a presumption of public access “somewhat lower than the presumption applied to material introduced at trial, or in connection with dispositive motions such as motions for dismissal or summary judgment.” Brown v. Maxwell, 929…
…Judge Sweet, which resulted in “nearly one-fifth of the docket” being filed under seal. Id. 5 Those documents, which included all filings pertaining to Maxwell’s summary judgment motion, remained under seal when, on May 24, 2017, the parties…
…to modify the protective order entered in this action in order to unseal particular documents submitted in connection with the motion of defendant Ghislaine Maxwell (" Maxwell " or the "Defendant") for summary judgment to dismiss the complaint of plaintiff Virginia L …
…to access the summary judgment material that quoted or excerpted the July 2016 deposition transcript. 929 F.3d at 47, 49 n.22 (2d Cir. 2019). If Ms. Maxwell’s reliance outweighed the presumption of access to summary judgment material …
…sealing of a material. It could not be otherwise, given the time constraints and human limitations. We speak from shared experience. The Second Circuit released some 2,000 pages of sealed and redacted summary-judgment materials. See Brown v. Maxwell…
…19, 2019) (listing in a cursory fashion several reasons that the summary judgment materials should remain under in response to the Second Circuit’s order to show cause). Her consistent failure to adhere to the 3 Case 1:15…
…trauma and did not want to be involved in the proceedings at all. Doe #84’s name was mentioned in some of the sealed summary judgment pleadings, and the Second Circuit sua sponte redacted the name and the deposition testimony…
…faulty logic and an improper legal premise. Summary judgment pleadings (like the excerpts from the July 2016 transcript considered by the Second Circuit) enjoy a “strong presumption of access,” whereas discovery motions (i.e., those before this Court) are subject…
…the Court should instead unseal the documents in their entirety, subject only to (1) the “minimal redactions” the Second Circuit applied to the summary judgement record, 1 and (2) redactions of the names of Non-Parties that have submitted Non…
…that she had undergone extensive therapy to overcome the trauma and did not want to be involved in the proceedings at all. The Second Circuit sua sponte redacted this Doe #84’s name from otherwise unsealed summary judgment pleadings. See…
…49 n.22 (2d Cir. 2019). The Second Circuit sua sponte redacted the July 2016 deposition questions and answers concerning any sexual activity contained in the summary judgment exhibits. See Ex. B. The mandate rule and law of the case…
…looking for. 20 We're looking for papers, for example, relating to 21 summary judgment, after we've gotten past the what's 22 frivolous/what's meritless basis, what is an issue of fact for 23 trial or not…
…it could have ordered the immediate unsealing of the undecided motions, or it could have released those motions itself, as it did with the summary judgment material in the first appeal. Brown, 929 F.3d at 48 & n.22. Herald…
…is the case with former Massachusetts Institute of Technology professor Marvin Minsky, who was recently implicated in the Epstein matter when the summary judgment materials were publicly released. More than 350 different news reports repeating these allegations of sexual misconduct…
…to materials filed in connection with discovery or other ancillary motions is ‘lower than the presumption applied to material introduced at trial, or in connection with dispositive motions such as motions for dismissal or summary judgment.’” Doe 144 Apr. 8…
…51 (2d Cir. 2019) (explaining the same). This Document is akin to a summary exhibit under Federal Rule of Evidence 1006 — a mere aid prepared by the parties to assist the Court in carrying out its work. It includes the…
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