Epstein Secrets

The first five motions to be considered under the Order and Protocol for Unsealing Decided Motions are discovery motions that were resolved by Judge Sweet. ECF No. 1044 at 1. Therefore, as the Second Circuit explained, "[t]he remaining sealed materials at issue here . . call[ed] upon the court to exer

o see how [Maxwell] can reasonably argue that [she] produced documents in reliance on the fact that the documents would always be kept secret." See Lugosch, 435 F.3d at 125. Contrary to Maxwell's argument, Brown is of no help to her here and does not support keeping Maxwell's deposition under seal in i

tive order is an umbrella protective order that "specifically contemplates that relief from the provisions of the order may be sought at any time." Lugosch, 435 at 125; ECF No. 62 fill, 14. Maxwell cannot use such an umbrella order to shield the entirety of her deposition from the public. "Given this pr

Circuit squarely addressed and rejected the argument Maxwell currently makes in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). In Lugosch, "[t]he district court suggested that [a] 10 EFTA00075037 CasqaPIRWM43P4AlaleDiggrfieAnag041401§/234,26a1PaiAcif53tif 24 confidentiality order w

i Herald Media Company's (collectively, "Miami Herald") moved to make available to the public all sealed and redacted court filings. District Judge Sweet held a hearing in May 2018, and denied the motion in August 2018. In its appellate briefs the Herald did not argue the district court misconstrued

—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 Lugosch nor any of the other 6 EFTA00791875 Case 18-2868, Document 141, 03/15/2019, 2519388, Page8 of 27 Second Circuit cases supports the position the

the parties. The Order to Show Cause rests on a number of premises that we respectfully submit are flawed. As the Court noted in the Order, under Lugosch a" strong presumption of access" attaches to documents submitted to a court for its consideration in a summary judgment motion. Doc.138 at 2. But a

a settlement agreement, and the case was closed the next day. C. Motions to Intervene and Unseal Over the course of the litigation before Judge Sweet, three outside parties attempted to unseal some or all of the sealed material. On August 11, 2016, Dershowitz moved to intervene, seeking to unsea

narrowly tailored to achieve that aim."I3 12 Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 121 (2d Cir. 2006). We observe that our holding in Lugosch relies on the general principle that parties may "be assumed to have supported their papers with admissible evidence and non-frivolous arguments."

" Id. at 122. Insofar as a district court has, through striking a filing, specifically found that assumption inapplicable, the categorical rule in Lugosch may not apply. See notes 42-43 and accompanying text, post. 13 Id. at 124. Examples of such countervailing values may include, depending on the c

ed a settlement agreement, and the case was closed the next day. C. Motions to Intervene and Unseal Over the course of the litigation before Judge Sweet, three outside parties attempted to unseal some or all of the sealed material. On August 11, 2016 Dershowitz moved to intervene, seeking to unseal

g order is narrowly tailored to achieve that aim."13 " Bernstein v. Bernstein Litowitz Berger & Grossmann LLP, 814 F.3d 132, 139 (2d Cir. 2016). 12 Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 121 (2d Cir. 2006). We observe that our holding in Lugosch relies on the general principle that parties ma

ann LLP, 814 F.3d 132, 139 (2d Cir. 2016). 12 Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 121 (2d Cir. 2006). We observe that our holding in Lugosch relies on the general principle that parties may "be assumed to have supported their papers with admissible evidence and non- frivolous arguments."

ons took place only after everyone agreed on the record that the testimony would be confidential and sealed pursuant to the Protective Order. Judge Sweet made factual findings on exactly this point, which this Court never questioned in Brown.M325 F. Supp. 3d at 445, 446 (recognizing that Ms. Maxwell

e minimally redacted material was subject to a "strong presumption" of access under the First Amendment and the common law. Id. at 47 & n.12 (citing Lugosch, 435 F.3d at 121-22). The deposition material at issue here, however, was not submitted to the district court in connection with summary judgment

ents that were placed under seal and included in protective order. Holdings: The United States District Court for the Southern District of New York, Sweet, J., held that: m news media and journalist could intervene in action; 121 public did not have right of access, either under First Amendment or co

008) (finding that where classified information presented at trial, if disclosed, would jeopardize national security weighed against public access); Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) (existence of confidentiality order alone did not defeat presumption of public access); Hanf