gov.uscourts.nysd.447706.1167.0.pdf

Case 1:15-cv-07433-LAP Document 1167 Filed 12/01/20 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------X ... ............................................ VIRGINIA L. GIUFFRE, Plaintiff, v. 15-cv-07433-LAP GHISLAINE MAXWELL, Defendant. --------------------------------------------------X Declaration of Laura A. Menninger in Further Support of Ms. Maxwell’s Objections to Unsealing Sealed Materials Related to Docket Entries 231, 279, 315, 320, & 335 I, Laura A. Menninger, declare as follows: 1. I am an attorney at law duly licensed in the State of New York and admitted to practice in the United States District Court for the Southern District of New York. I am a member of the law firm Haddon, Morgan & Foreman, P.C., counsel of record for Defendant Ghislaine Maxwell (“Maxwell”) in this action. I respectfully submit this declaration in further support of Ms. Maxwell’s Objections to Unsealing Sealed Materials Related to Docket Entries 231, 279, 315, 320, & 335. 2. Attached as Exhibit E (Filed Under Seal) is true and correct copy of DE 340-1 with Ms. Maxwell’s Proposed Redactions as described in her Reply Memorandum. 3. Attached as Exhibit F is an Amended summary chart of Ms. Maxwell’s and Plaintiff’s Position on Docket Entries 231, 279, 315, 320, & 335. Ms. Maxwell amended her original chart to, inter alia, include Plaintiff’s position, to correct some entries wherein the  Case 1:15-cv-07433-LAP Document 1167 Filed 12/01/20 Page 2 of 3 Second Circuit had already released some of the materials at issue, and to include information (where appropriate) that a Non-Party had not received Notice of the Protocol. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 1, 2020. By: /s/ Laura A. Menninger Laura A. Menninger 2  Case 1:15-cv-07433-LAP Document 1167 Filed 12/01/20 Page 3 of 3 CERTIFICATE OF SERVICE I certify that on December 1, 2020, I electronically served this Declaration of Laura A. Menninger in further support of Ms. Maxwell’s Objections to Unsealing Sealed Materials Related to Docket Entries 231, 279, 315, 320, & 335 via ECF on the following: Sigrid S. McCawley Paul G. Cassell Meredith Schultz 383 S. University Street BOIES, SCHILLER & FLEXNER, LLP Salt Lake City, UT 84112 401 East Las Olas Boulevard, Ste. 1200 [email protected] Ft. Lauderdale, FL 33301 [email protected] [email protected] Andrew G. Celli Bradley J. Edwards David Lebowitz Stan J. Pottinger Emery Celli Brinckerhoff & Abady LLP EDWARDS POTTINGER LLC 600 Fifth Avenue at Rockefeller Center 425 North Andrews Ave., Ste. 2 10th Floor Ft. Lauderdale, FL 33301 New York, NY 10020 [email protected] [email protected] [email protected] [email protected] Christine N. Walz Jay M. Wolman HOLLAND & KNIGHT LLP Marc J. Randazza 31 West 52nd Street RANDAZZA LEGAL GROUP, PLLC New York, NY 10019 100 Pearl Street, 14th Floor [email protected] Hartford, CT 06103 [email protected] [email protected] /s/ Nicole Simmons Nicole Simmons 3 Case 1:15-cv-07433-LAP Document 1167-1 Filed 12/01/20 Page 1 of 1 EXHIBIT E FILED UNDER SEAL Case 1:15-cv-07433-LAP Document 1167-2 Filed 12/01/20 Page 1 of 27 EXHIBIT F  Case 1:15-cv-07433-LAP Document 1167-2 Filed 12/01/20 Page 2 of 27 Defendant’s Amended Position on Docket Entries 231, 279, 315, 320, & 335 (combined with Plaintiff’s Position) DATE DOC. # DEFENDANT’S POSITION C/I1 PLAINTIFF’S POSITION FILED Unseal and redact only (1) medical Redact all quotes from Ms. information and (2) names and Maxwell and Non-Party C1-1 identifying information of Non- deposition testimony, Non-Party C1-2 231 6.20.16 Parties who have objected to identifying information, and C1-3 unsealing or whose time to object argument of counsel violative of C1-4 to unsealing has not yet expired. Local Criminal Rule 23.1. Unseal and redact only names and C1-1 identifying information of Non- Redact all Non-Party witness C1-2 Parties who have objected to 232 6.20.16 names and identifying C1-3 unsealing or whose time to object information. C1-4 to unsealing has not yet expired. Unseal and redact only (1) medical information and (2) names and identifying information of Non-Parties who have objected to unsealing or whose time to object to Redact all Non-Party witness C1-1 unsealing has not yet expired. names and identifying C1-2 Note: The full version of this 232-7 6.20.16 deposition transcript was unsealed information – in same manner as C1-3 DE 1090-32 C1-4 by this Court on July 30, 2020, DE 1090-32. If this excerpt of the transcript is unsealed, it should be redacted in the same way as DE 1090-32, but the redactions of the names of Non-Parties whose time to object has expired should be removed. 1 Key: CI-1 - Reasonable reliance the Protective Order by a party or non-party. CI-2 - Prevention of the abuse of court records and files. CI-3 - Annoyance, embarrassment, oppression, 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 Action, or improper revelation of a potential witness or their potential testimony. CI-5 - Improper submission of documents thereby weaponizing judicial documents. CI-6 - Untrustworthy, unreliable, and incorrect information. CI-7 - Non-Judicial Documents.  Case 1:15-cv-07433-LAP Document 1167-2 Filed 12/01/20 Page 3 of 27 DATE DOC. # DEFENDANT’S POSITION C/I1 PLAINTIFF’S POSITION FILED Unseal and redact only names and identifying information of Non-Parties who have objected to unsealing or whose time to Keep sealed – Non-Party reliance C1-1 object to unsealing has not yet 232-8 6.20.16 on Protective Order; potential C1-2 expired. C1-3 Note: The Original Parties sent witness in criminal trial C1-4 the Non-Party deponent (Doe 131) notice of unsealing, and the Non-Party deponent did not request excerpts. 232-9 6.20.16 No objection to unsealing Keep sealed (medical records). 232-10 6.20.16 No objection to unsealing Keep sealed (medical records). Unseal. 232-11 6.20.16 No objection to unsealing Note: Original Parties agree. 255 6.28.16 Not sealed Redact all quotes from Ms. CI-22 Unseal and redact only (1) medical Maxwell and Non-Party CI-3 information and (2) names and deposition testimony, Non-Party CI-4 identifying information of Non- 257 6.28.16 identifying information, and CI-5 Parties who have objected to argument of counsel violative of CI-6 unsealing or whose time to object Local Criminal Rule 23.1. CI-7 to unsealing has not yet expired. CI-2 Unseal and redact only names and CI-3 identifying information of Non- Keep sealed – Non-Party reliance CI-4 258 6.28.16 Parties who have objected to on Protective Order CI-5 unsealing or whose time to object CI-6 to unsealing has not yet expired. CI-7 2 Ms. Maxwell notes that Response Brief is filled with irrelevant information and misleading deposition excerpts that are wholly irrelevant to the underlying motion for sanctions for failure to comply with discovery obligations relating to plaintiff’s medical information. These arguments were made, and documents filed, for purposes of distraction and harassment, and have nothing to do with the issues presented by the motion. This is classic abuse of the courts records and files. The Response and Exhibits were not referenced in the Order, and the exhibits are not properly considered judicial documents. 2  Case 1:15-cv-07433-LAP Document 1167-2 Filed 12/01/20 Page 4 of 27 DATE DOC. # DEFENDANT’S POSITION C/I1 PLAINTIFF’S POSITION FILED CI-1 Keep sealed – Non-Party reliance CI-2 Keep sealed until Non-Party on Protective Order & Release of CI-3 deponent (Doe 151) time to inadmissible information in CI-4 object expires. 258-1 6.28.16 violation of Local Criminal Rule CI-5 Note: Original Parties agree to 23.1; potential witness in criminal CI-6 keep sealed, but for different trial CI-7 reasons. Keep sealed until Non-Party Keep sealed – Non-Party reliance CI-2 deponent (Doe 160) time to on Protective Order & Release of CI-3 object expires. inadmissible information in CI-4 258-2 6.28.16 violation of Local Criminal Rule CI-5 Note: Original Parties agree to 23.1; potential witness in criminal CI-6 keep sealed, but for different trial CI-7 reasons. Unseal and redact only names Keep sealed – Non-Party reliance and identifying information of on Protective Order & Release of Non-Parties who have objected inadmissible information in CI-2 to unsealing or whose time to violation of Local Criminal Rule CI-3 object to unsealing has not yet 258-3 6.28.16 23.1; potential witness in criminal CI-4 expired. trial and depo testimony potential CI-5 Note: The Original Parties sent evidence; Second Circuit redacted CI-6 the Non-Party deponent (Doe 83) this Doe’s name and information; CI-7 notice of unsealing, and the Non- Non-Party notice returned to Party deponent did not request sender excerpts. Unseal and redact only names and identifying information of Keep sealed – Non-Party reliance Non-Parties who have objected CI-2 on Protective Order & Release of to unsealing or whose time to CI-3 inadmissible information in CI-4 object to unsealing has not yet 258-4 6.28.16 violation of Local Criminal Rule CI-5 expired. 23.1; potential witness in criminal Note: The deponent is not on the CI-6 trial and deposition testimony Non-Party notification list CI-7 potential evidence because he is a law enforcement officer. Unseal but redact medical 258-5 6.28.16 No objection to unsealing information and addresses. 3  Case 1:15-cv-07433-LAP Document 1167-2 Filed 12/01/20 Page 5 of 27 DATE DOC. # DEFENDANT’S POSITION C/I1 PLAINTIFF’S POSITION FILED Unseal but redact medical 258-6 6.28.16 No objection to unsealing information and addresses. Unseal but redact tax returns and 258-7 6.28.16 No objection to unsealing addresses. 258-8 6.28.16 No objection to unsealing Keep sealed (medical records). Unseal and redact only names Keep sealed – Non-Party reliance and identifying information of on Protective Order & Release of Non-Parties who have objected inadmissible information in CI-2 to unsealing or whose time to violation of Local Criminal Rule CI-3 23.1; potential witness in criminal CI-4 object to unsealing has not yet 258-9 6.28.16 trial and deposition testimony CI-5 expired. potential evidence CI-6 Note: The Original Parties sent CI-7 the Non-Party deponent (Doe 67) The Non-Party Notice sent to this notice of unsealing, and the Non- Doe was returned as undelivered Party deponent did not request to defense counsel. excerpts. Unseal but redact medical 258-10 6.28.16 No objection to unsealing information. Unseal and redact only (1) medical Redact all quotes from Ms. CI-2 information and (2) names and Maxwell and Non-Party CI-3 identifying information of Non- deposition testimony, Non-Party CI-4 261 7.1.16 Parties who have objected to identifying information, and CI-5 unsealing or whose time to object argument of counsel violative of CI-6 to unsealing has not yet expired. Local Criminal Rule 23.1. CI-7 Unseal but redact medical 269 7.8.16 No objection to unsealing information. 270 7.8.16 No objection to unsealing Unseal. Note: Original Parties agree. Keep sealed (medical records). 270-1 7.8.16 No objection to unsealing 4  Case 1:15-cv-07433-LAP Document 1167-2 Filed 12/01/20 Page 6 of 27 DATE DOC. # DEFENDANT’S POSITION C/I1 PLAINTIFF’S POSITION FILED Unseal and redact only (1) medical information and (2) names and identifying information of Non-Parties who have objected to unsealing or whose time to object to unsealing has not yet expired. Redact all Non-Party witness Note: The full version of this CI-1 names and identifying deposition transcript was unsealed 270-2 7.8.16 CI-2 information - – in same manner as by this Court on July 30, 2020, DE CI-3 DE 1090-32 1090-32. If this excerpt of the transcript is unsealed, it should be redacted in the same way as DE 1090-32, but the redactions of the names of Non-Parties whose time to object has expired should be removed. 270-3 7.8.16 No objection to unsealing Unseal but redact address. Unseal. 270-4 7.8.16 No objection to unsealing Note: Original Parties agree. Unseal. 270-6 7.8.16 No objection to unsealing Note: Original Parties agree. Unseal. 272 Not sealed. Note: Original Parties agree. Unseal and redact only (1) medical information and (2) Keep Sealed – if unsealed, make names and identifying any medical information CI-6 information of Non-Parties who 272-1 7.12.16 redactions consistent with the CI-7 have objected to unsealing or Reply (DE 269) whose time to object to unsealing has not yet expired. Unseal. 272-2 7.12.16 No objection to unsealing Note: Original Parties agree. 5  Case 1:15-cv-07433-LAP Document 1167-2 Filed 12/01/20 Page 7 of 27 DATE DOC. # DEFENDANT’S POSITION C/I1 PLAINTIFF’S POSITION FILED 272-3 7.12.16 No objection to unsealing Keep sealed (medical records). Unseal but redact medical 272-4 7.12.16 No objection to unsealing information. 272-5 7.12.16 Already publicly filed (DE 45) Already publicly filed (DE 45). 272-6 7.12.16 Already publicly filed (DE 31) Already publicly filed (DE 31). CI-2 CI-3 Unseal but redact (1) information 272-7 7.12.16 Keep sealed CI-4 about Plaintiff when a minor and CI-5 (2) medical information. 272-8 7.12.16 No objection to unsealing Keep sealed (medical records) Unseal. 272-9 7.12.16 No objection to unsealing Note: Original Parties agree. Unseal and redact only (1) medical information and (2) names and identifying information of Non-Parties who have objected to unsealing or whose time to object to Redact all Non-Party witness unsealing has not yet expired. CI-1 Note: The full version of this names and identifying 272-10 7.12.16 CI-2 deposition transcript was unsealed information – in same manner as CI-3 by this Court on July 30, 2020, DE DE 1090-32. 1090-32. If this excerpt of the transcript is unsealed, it should be redacted in the same way as DE 1090-32, but the redactions of the names of Non-Parties whose time to object has expired should be removed. No objection to unsealing – if unseal, make medical information Unseal but redact medical 303 7.25.16 redactions consistent with Reply information. (DE 269) 6  Case 1:15-cv-07433-LAP Document 1167-2 Filed 12/01/20 Page 8 of 27 DATE DOC. # DEFENDANT’S POSITION C/I1 PLAINTIFF’S POSITION FILED Unseal. 304 7.25.16 No objection to unsealing Note: Original Parties agree. Unseal but redact medical 304-1 7.25.16 No objection to unsealing information. 304-2 7.25.16 No objection to unsealing Keep sealed (medical records). 304-3 7.25.16 No objection to unsealing Keep sealed (medical records). Unseal but redact medical 304-4 7.25.16 No objection to unsealing information. 313 7.29.16 Already publicly filed Unseal but redact medical 313-1 7.29.16 No objection to unsealing information. Redact all quotes from Ms. Maxwell and Non-Party CI-1 deposition testimony, Non-Party CI-2 279 7.13.16 Unseal in full. identifying information, and CI-3 argument of counsel violative of CI-4 Local Criminal Rule 23.1. Redact all quotes from Ms. Maxwell and Non-Party CI-1 deposition testimony, Non-Party CI-2 280 7.13.16 Unseal in full. identifying information, and CI-3 argument of counsel violative of CI-4 Local Criminal Rule 23.1. CI-1 Unseal and redact only names and Redact all names and identifying CI-2 identifying information of Non- 280-1 7.13.16 information for Ms. Maxwell and CI-3 Parties who have objected to Non-Parties CI-4 unsealing or whose time to object CI-6 to unsealing has not yet expired. 7  Case 1:15-cv-07433-LAP Document 1167-2 Filed 12/01/20 Page 9 of 27 DATE DOC. # DEFENDANT’S POSITION C/I1 PLAINTIFF’S POSITION FILED Unseal subject to Second Circuit redactions. CI-1 CI-2 Note: This document was Keep sealed – release only 2d Cir. released by the Second Circuit 280-2 7.13.16 CI-3 DE 283-Ex. 45 with CI-4 CI-6 redactions. The redactions should match the Second Circuit redactions. 288 7.15.16 Not sealed 288-1 7.15.16 Not sealed Unseal in full. 288-2 7.15.16 Not sealed Unseal in full. 289 7.18.16 Not sealed CI-1 Redact identifying information 290 7.18.16 CI-2 Unseal in full. and email address. CI-3 291 7.18.16 Not sealed 291-1 7.18.16 No position. Not sealed at 188-1 Unseal in full. CI-2 CI-3 291-2 7.18.16 Keep sealed CI-4 Unseal in full. CI-7 Unseal and redact only names and CI-2 identifying information of Non- CI-3 291-3 7.18.16 Keep sealed Parties who have objected to CI-4 unsealing or whose time to object CI-7 to unsealing has not yet expired. 8  Case 1:15-cv-07433-LAP Document 1167-2 Filed 12/01/20 Page 10 of 27 DATE DOC. # DEFENDANT’S POSITION C/I1 PLAINTIFF’S POSITION FILED 300 7.22.16 Not sealed 300-1:2 7.22.16 Not sealed 337 8.8.16 Not sealed CI-1 CI-3 338 8.8.16 Keep sealed CI-4 CI-6 Keep sealed – names of Non- Parties, reliance on Protective Unseal and redact only names and Order & Release of inadmissible identifying information of Non- information in violation of Local 338-1 8.8.16 Parties who have objected to Criminal Rule 23.1; potential unsealing or whose time to object witness in criminal trial and to unsealing has not yet expired. deposition testimony potential evidence 338-2 8.8.16 Keep sealed CI-7 Unseal in full. Keep sealed – names of Non- CI-1 Parties, reliance on Protective CI-2 Unseal and redact only names and Order & Release of inadmissible CI-3 identifying information of Non- information in violation of Local 338-3 8.8.16 CI-4 Parties who have objected to Criminal Rule 23.1; potential CI-5 unsealing or whose time to object witness in criminal trial and CI-6 to unsealing has not yet expired. deposition testimony potential CI-7 evidence Keep sealed – privacy interests and reliance on Protective order; CI-1 Unseal and redact only names and names of Non-Parties, reliance on CI-2 identifying information of Non- 338-4 8.8.16 Protective Order & Release of CI-3 Parties who have objected to inadmissible information in CI-4 unsealing or whose time to object violation of Local Criminal Rule CI-7 to unsealing has not yet expired. 23.1; 9  Case 1:15-cv-07433-LAP Document 1167-2 Filed 12/01/20 Page 11 of 27 DATE DOC. # DEFENDANT’S POSITION C/I1 PLAINTIFF’S POSITION FILED CI-1 CI-2 Unseal in full. Previously released by Second CI-3 Note: These pages of this 338-5 8.8.16 Circuit CI-4 deposition transcript were CI-5 released by the Second Circuit CI-6 without redactions. CI-7 Unseal and redact only names and identifying information of Non- Keep sealed – Non-Party reliance CI-1 Parties who have objected to on Protective Order & Release of CI-2 unsealing or whose time to object inadmissible information in CI-3 to unsealing has not yet expired. 338-6 8.8.16 violation of Local Criminal Rule CI-4 Note: The deponent is not on the 23.1; potential witness in criminal CI-5 Non-Party notification list trial and deposition potential CI-6 because he is a law enforcement evidence CI-7 officer. Keep sealed – Non-Party reliance CI-1 Keep sealed until Non-Party on Protective Order & Release of CI-2 deponent (Doe 160) time to inadmissible information in CI-3 338-7 8.8.16 violation of Local Criminal Rule CI-4 object expires. 23.1; potential witness in criminal CI-5 Note: Original Parties agree to trial and deposition testimony CI-6 keep sealed, but for different potential evidence. CI-7 reasons. Keep sealed – Non-Party reliance CI-1 on Protective Order & Release of CI-2 Unseal and redact only names and inadmissible information in CI-3 identifying information of Non- 338-8 8.8.16 violation of Local Criminal Rule CI-4 Parties who have objected to 23.1; potential witness in criminal CI-5 unsealing or whose time to object trial and deposition testimony CI-6 to unsealing has not yet expired. potential evidence. CI-7 10  Case 1:15-cv-07433-LAP Document 1167-2 Filed 12/01/20 Page 12 of 27 DATE DOC. # DEFENDANT’S POSITION C/I1 PLAINTIFF’S POSITION FILED Unseal and redact only names and identifying information of Non-Parties who have objected Keep sealed – Non-Party reliance CI-1 to unsealing or whose time to on Protective Order & Release of CI-2 inadmissible information in CI-3 object to unsealing has not yet 338-9 8.8.16 violation of Local Criminal Rule CI-4 expired. 23.1; potential witness in criminal CI-5 Note: The Original Parties sent trial and deposition testimony CI-6 the Non-Party deponent (Doe 7) potential evidence. CI-7 notice of unsealing, and the Non- Party deponent did not request excerpts. Unseal. 338-10 8.8.16 No objection to unsealing Note: Original Parties agree. Unseal and redact only names and Redact all Non-Party witness identifying information of Non- CI-1 353 8.10.16 names and identifying Parties who have objected to CI-3 information unsealing or whose time to object to unsealing has not yet expired. 375 8.17.16 Not sealed CI-1 CI-2 Unseal and redact only names and CI-3 identifying information of Non- 315 7.29.16 Keep sealed CI-4 Parties who have objected to CI-5 unsealing or whose time to object CI-6 to unsealing has not yet expired. CI-1 CI-2 Unseal and redact only names and CI-3 identifying information of Non- 316 7.29.16 Keep sealed CI-4 Parties who have objected to CI-5 unsealing or whose time to object CI-6 to unsealing has not yet expired. 11  Case 1:15-cv-07433-LAP Document 1167-2 Filed 12/01/20 Page 13 of 27 DATE DOC. # DEFENDANT’S POSITION C/I1 PLAINTIFF’S POSITION FILED Keep sealed – Non-Party reliance CI-2 Keep sealed until Non-Party on Protective Order & Release of CI-3 deponent (Doe 160) time to inadmissible information in CI-4 object expires. 316-1 7.29.16 violation of Local Criminal Rule 23.1; potential witness in criminal CI-5 Note: Original Parties agree to trial and deposition testimony CI-6 keep sealed, but for different potential evidence. CI-7 reasons. Keep sealed – Non-Party reliance Unseal and redact only names and on Protective Order & Release of identifying information of Non- inadmissible information in CI-2 Parties who have objected to violation of Local Criminal Rule CI-3 unsealing or whose time to object 23.1; potential witness in criminal CI-4 to unsealing has not yet expired. 316-2 7.29.16 trial and deposition testimony CI-5 Note: The Original Parties sent potential evidence. CI-6 the Non-Party deponent (Doe 67) CI-7 notice of unsealing, and the Non- The Non-Party Notice sent to this Party deponent did not request Doe was returned as undelivered excerpts. to defense counsel. CI-2 Unseal in full. CI-3 Note: These pages of this Previously released by Second CI-4 316-3 7.29.16 deposition transcript were Circuit CI-5 released by the Second Circuit CI-6 without redactions. CI-7 CI-2 CI-3 Unseal in full. CI-4 Note: These pages of this Previously released by Second 316-4 7.29.16 CI-5 deposition transcript were Circuit CI-6 released by the Second Circuit CI-7 without redactions. CI-2 Unseal in full. CI-3 Note: These pages of this Previously released by Second CI-4 316-5 7.29.16 deposition transcript were Circuit CI-5 released by the Second Circuit CI-6 without redactions. CI-7 12  Case 1:15-cv-07433-LAP Document 1167-2 Filed 12/01/20 Page 14 of 27 DATE DOC. # DEFENDANT’S POSITION C/I1 PLAINTIFF’S POSITION FILED Unseal and redact only names and