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

at "materials" in the Order to Show Cause means all the summary judgment filings. However, in her partial dissent to the Order to Show Cause, Judge Pooler refers to "the materials attached to the motion for summary judgment." Id. (emphasis supplied). 19 EFTA00791888 Case 18-2868, Document 141, 03/1

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

compelled—because of a strong expectation of continued confidentiality. See Fed. R. Civ. P. 5.2. While we appreciate the views expressed in Judge Pooler's separate opinion, the panel majority believes that the efforts invested by three former district judges in reviewing these materials adequately a

icated by disclosure of these materials. In the interests of judicial economy, any future appeal in this matter shall be referred to this panel. Pooler, Circuit Judge, dissenting in part: I join the Court's opinion in every respect but one: the decision to unseal the summary judgment record oursel

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

record as described further herein, and REMAND the cause to the District Court for particularized review of the remaining sealed materials. Judge Pooler concurs in this opinion except insofar as it orders the immediate unsealing of the summary judgment record without a remand. SANFORD L. BOHRER (Ch