gov.uscourts.nysd.447706.440.1.pdf

Case 1:15-cv-07433-LAP Document 440-1 Filed 09/20/16 Page 1 of 21 STATE S DISTRICT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------- X x GIUFFRE , VIRGINIA GIUFFRE, Plaintiff , Plaintiff, Civ . 7433 15 Civ. 7433 - against- -against- SEALED OPINION GH I SLAINE MAXWELL, GHISLAINE MAXWELL, Defendant . Defendant. ----------------------------------------x X A P P E A R A N C ES: APPEARANCE S: for Plaintiff Counsel for Plaintiff BOEIS , SCHILLER & BOEIS, & FLEXNER LLP 401 East Las 401 Las Olas Boulevard, Boulevard, Suite 1200 Lauderdale , FL 33301 Fort Lauderdale, 3330 1 By : By: s . Mccawley Sigrid S. McCawley,, Esq. Esq. L. Schultz, Meredith L. Schu l tz , Esq. Esq. for Defendant Counsel for HADDON, MORGAN AND FOREMAN, HADDON, FOREMAN, P.C. P . C. 150 East Tenth Avenue Denver , CO 80203 Denver, 80203 By : By: A . Menninger, Laura A. Menninger , Esq. Esq. Jeffrey S.S . Pagliuca, Pagliuca, Esq. Esq. for Respondent Sharon Churcher Counsel for DAVIS WRIGHT TREMAINE LLP 1251 Avenue of of the the Americas, Americas , 21st 21s t Floor York , NY 10020 New York, By : By: Eric J.J. Feder Feder 1919 Pennsylvania 1919 Pennsylvania Ave. NW, Suite 200 Ave. NW, Washington Washington,, DC 20006 By: By: R. Handman Laura R. Handrnan  Case 1:15-cv-07433-LAP Document 440-1 Filed 09/20/16 Page 2 of 21 Sweet, D.J. Sweet, D.J. Non-party Sharon Churcher ("Churcher"), a Churcher ("Churcher"), a professional journalist, has journalist, has moved under under Federal Federal Rule Rule of of Civil Procedure 45 Civil Procedure to quash the subpoena served upon her by Defendant Defendant Ghislaine ("Maxwell" or the "Defendant") Maxwell ("Maxwell" "Defendant") to testify at a this civil deposition in this civil action and to to produce documents (the (the "Subpoena") relying "Subpoena") relying upon the New York Reporters Reporters Shield Law, Law, N.Y. N.Y. Civ. Rights Civ. Rights Law § ("Section 79-h"). § 79-h ("Section 79-h"). Upon the the conclusions below, the motion of Churcher is set forth below, is granted, granted, and the quashed. Subpoena is quashed. I. Prior I. Prior Proceedings Proceedings June 4, On June 4, 2016, 2016, Churcher was was served with the Subpoena commanding her to appear at at aa deposition deposition on June June 16, 16, 2016. 2016. The commands Churcher to Subpoena also commands to bring with her to the documents: deposition several broad categories of documents: 1. 1. Documents containing communications with All Documents Roberts. Virginia Roberts. 2. 2. All communications with any agent for Virginia Roberts, Roberts, including without limitation attorneys limitation attorneys Bradley Edwards, Edwards, Paul Cassell, David Boise Cassell, Boise [sic], [sic], Sigrid Mccawley, McCawley, Schultz, Stanely [sic] Meredith Schultz, [sic] Pottinger, Pottinger, Brockman, Stephen Zac, Ellen Brockman, Zac, Brittany Henderson, Bob Josefsberg, Henderson, Josefsberg, Katherine Ezell, Ezell, Ederi. Amy Ederi. 1 1  Case 1:15-cv-07433-LAP Document 440-1 Filed 09/20/16 Page 3 of 21 3. 3. Documents containing communications with All Documents Richards. Jason Richards. 4. 4. All Documents Documents containing communications with law enforcement agency concerning Virginia Roberts. Roberts. 5. 5. Documents reflecting any payment All Documents payment of any mon ey to Virginia Roberts. money Roberts. 6. 6. Documents reflecting any contract All Documents Roberts . concerning Virginia Roberts. II. Facts II. FactsRelating Relatingto to Churcher Churcher and and the the Parties Parties to to this this Action Churcher is is a a professional professional print journalist who print journalist has worked who has since 1983. continuously in New York since 1983. Churcher ~ 1. Deel. 1 Churcher Decl. 1. She is currently employed by American American Media Media,, Inc., Inc ., which which publishes the (the "Enquirer") National Enquirer (the "Enquirer" ) and RadarOnline.com (" Radar"), where she ("Radar"), she has has worked since since November 2014 . Id. November 2014. Id. ¶ 4. ~ 4. 2013, she was From 1992 through October 2013, was employed as the New York-based Chief American Correspondent Correspondent of of The The Mail Mail on Sunday, Sunday , a publication owned by Associated Newspapers Newspapers of of London London,, England. England. During the the interim she she worked as as a a freelance freelance reporter for The Mail publications including The Mail on on Sunday, Sunday, the the U. S . operation of U.S. its digital arm, its arm, the Mail Ma il Online, On li ne, and the the Enquirer. Enquirer. Id. Id. In her capacity as In as a a journalist, j ourna list, Churcher Churcher has has reported on underlie this the events that underlie this case case going going back to to at least April at least 2 2  Case 1:15-cv-07433-LAP Document 440-1 Filed 09/20/16 Page 4 of 21 2007, when she wrote 2007, wrote an article article published published in in The The Mail Mail on Sunday ties between Prince about the alleged ties Prince Andrew, Andrew, the the British royal, royal, offender Jeffrey Epstein and convicted sex offender (" Epstein"). See Id. Epstein ("Epstein"). Id. ~ 5 & T & Ex. Ex. 1. 1. Maxwell was mentioned in that article. article. first reported about Churcher first about the the plaintiff Virginia Giuffre ("Guiuffre" ("Guiuffre" or the the "Plaintiff"), "Plaintiff"), then then identified as Roberts, in March 2011, Virginia Roberts, 2011, when she wrote when she a series of wrote a The Mail articles published in The Mail on Sunday and affiliated newspapers containing extensive newspapers extensive interviews interviews with with and photographs G