Epstein Secrets

t to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case." Nixon v. Warner Commtans, Inc., 435 U.S. 589,599 (1978). The panel lacks the context and familiarity with the facts, the parties and the non-parties to a

the protections afforded the parties and non-parties under this Court's right-to-access jurisprudence. The appellants Miami Herald, Dershowitz and Cernovich —and the Court in its Order to Show Cause—rested heavily on Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). With respect, neither

April 2017 he stipulated to dismissal of his appeal without prejudice. In July 2017 he moved to reinstate his appeal and to consolidate it with Mr. Cernovich's appeal. Merits briefing concluded by early 2018. Supplemental briefing was concluded by April 2018. Discussion None of the appellants is entitle

as the potential to exacerbate these harms to privacy and reputation by ensuring that damaging material irrevocably enters the public record. 9 Nixon v. Inisner Commc'ns, Inc., 435 U.S. 589, 598, 98 S.Ct. 1306, 55 L.Ed.2d 570 (1978). 10 See notes 46-47 and accompanying text, post. We therefore

moved to intervene, seeking to unseal three do l. that, he argues, demonstrate that invented the accusations against him. On January 19, 2017, Cernovich, an independent blogger and self-described "popular political journalist,"7 moved to intervene, seeking to unseal the summary judgment record, a

s' responsibility to exercise these powerful tools. We also caution the public to critically assess allegations contained in judicial pleadings. 9 Nixon v. Warner Cotnmens, Inc., 435 U.S. 589, 598 (1978). 1° See notes 46-47 and accompanying text, post. 10 EFTA00092317 A. Standard of Review When

d, and Dershowitz joined his motion. On April 6, 2018, after the case had settled, the Herald moved to intervene and unseal , an' 7 Br. Appellant (Cernovich) 4. 8 EFTA00092315 the entire docket. The District Court granted each of these motions to intervene, but denied the related requests to unseal i

Granting Dershowitz Motion to Intervene); v. Maxwell, No. 15 Civ. 7433 (RWS), 2017 WL 1787934 (S.D.N.Y. May 3, 2017), ECF No. 892 (Opinion Granting Cernovich Motion to Intervene). 121 PIAlthough the case was closed by the Clerk of Court on May 25, 2017 pursuant to the settlement agreement, "intervention

ch as using records "to gratify spite or promote scandals" or where files might serve "as reservoirs of libelous statements for press consumption." Nixon v. Warner Commcins, Inc., 435 U.S. 589, 598, 98 S.Ct. 1306, 55 L.Ed.2d 570 (1978); see also Amodeo II, 71 F.3d at 1051 (internal quotation marks an