Epstein Secrets

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

—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

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

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

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

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."

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

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