gov.uscourts.nysd.447706.335.0.pdf

Case 1:15-cv-07433-RWS Document 335 Filed 08/08/16 Page 1 of 13 United States District Court Southern District of New York Virginia L. Giuffre, Plaintiff, Case No.: 15-cv-07433-RWS v. Ghislaine Maxwell, Defendant. ______________________________/ MOTION FOR PROTECTIVE ORDER AND MOTION FOR THE COURT TO DIRECT DEFENDANT TO DISCLOSE ALL INDIVIDUALS TO WHOM DEFENDANT HAS DISSEMINATED CONFIDENTIAL INFORMATION Plaintiff, Ms. Giuffre, by and through her undersigned counsel, hereby files this Motion for Protective Order and Motion for the Court to Direct Defendant to Disclose All Individuals to Whom Defendant has Disseminated Confidential Information pursuant to this Court’s Protective Order (DE 62), wherein the Court allowed various documents to be maintained as confidential. 1  Case 1:15-cv-07433-RWS Document 335 Filed 08/08/16 Page 2 of 13 I. BACKGROUND 2 Case 1:15-cv-07433-RWS Document 335 Filed 08/08/16 Page 3 of 13 3  Case 1:15-cv-07433-RWS Document 335 Filed 08/08/16 Page 4 of 13 II. ARGUMENT The Court entered a Protective Order on March 18, 2016. It states: “Designation of a document as CONFIDENTIAL INFORMATION shall constitute a representation that such document has been reviewed by an attorney for the designating party, that there is a valid and good 4  Case 1:15-cv-07433-RWS Document 335 Filed 08/08/16 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. The Order continues: A party may object to the designation of particular CONFIDENTIAL INFORMATION by giving written notice to the party designating the disputed information. The written notice shall identify the information to which the objection is made. If the parties cannot resolve the objection within ten (10) business days after the time the notice is received, it shall be the obligation of the party designating the information as CONFIDENTIAL to file an appropriate motion requesting that the Court determine whether the disputed information should be subject to the terms of the Protective Order. If such a motion is timely field, the disputed information shall be treated as CONFIDENTIAL under the terms of this Protective Order until the Court rules on the motion. If the designating party fails to file such a motion within the prescribed time, the disputed information shall lose its designation s CONFIDENTIAL and shall not thereafter be treated as CONFIDENTIAL in accordance with this Protective Order. In connection with a motion filed under this provision, the party designating the information as CONFIDENTIAL shall bear the burden of establishing that good cause exists for the disputed information to be treated as CONFIDENTIAL. Protective Order at ¶ 11. 5 Case 1:15-cv-07433-RWS Document 335 Filed 08/08/16 Page 6 of 13 6 Case 1:15-cv-07433-RWS Document 335 Filed 08/08/16 Page 7 of 13 7 Case 1:15-cv-07433-RWS Document 335 Filed 08/08/16 Page 8 of 13 8 Case 1:15-cv-07433-RWS Document 335 Filed 08/08/16 Page 9 of 13 9 Case 1:15-cv-07433-RWS Document 335 Filed 08/08/16 Page 10 of 13 10  Case 1:15-cv-07433-RWS Document 335 Filed 08/08/16 Page 11 of 13 III. CONCLUSION Dated: August 8, 2016. 11  Case 1:15-cv-07433-RWS Document 335 Filed 08/08/16 Page 12 of 13 Respectfully Submitted, BOIES, SCHILLER & FLEXNER LLP By: /s/ Sigrid McCawley Sigrid McCawley (Pro Hac Vice) Meredith Schultz (Pro Hac Vice) Boies Schiller & Flexner LLP 401 E. Las Olas Blvd., Suite 1200 Ft. Lauderdale, FL 33301 (954) 356-0011 David Boies Boies Schiller & Flexner LLP 333 Main Street Armonk, NY 10504 Bradley J. Edwards (Pro Hac Vice) FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L. 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 (954) 524-2820 Paul G. Cassell (Pro Hac Vice) S.J. Quinney College of Law University of Utah 383 University St. Salt Lake City, UT 84112 (801) 585-52024 4 This daytime business address is provided for identification and correspondence purposes only and is not intended to imply institutional endorsement by the University of Utah for this private representation. 12  Case 1:15-cv-07433-RWS Document 335 Filed 08/08/16 Page 13 of 13 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 8, 2016, I electronically filed the foregoing document with the Clerk of Court by using the CM/ECF system. I also certify that the foregoing document is being served to all parties of record via transmission of the Electronic Court Filing System generated by CM/ECF. Laura A. Menninger, Esq. Jeffrey Pagliuca, Esq. HADDON, MORGAN & FOREMAN, P.C. 150 East 10th Avenue Denver, Colorado 80203 Tel: (303) 831-7364 Fax: (303) 832-2628 Email: [email protected] [email protected] /s/ Sigrid S. McCawley Sigrid S. McCawley 13