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One commentator has noted that once the identity of persons and similarity of circumstances are removed, “probative value all but disappears.” See Ordover, Admissibility of Patterns of Similar Sexual Conduct: The Unlamented Death of Character for Chastity, 63 Cornell L. Rev. 96, 106 (1977). The disc
at Rule 412 is merely an evidentiary rule that should be disregarded in discovery disputes has been routinely rejected in federal courts. See, e.g., Barta v. City and County of Honolulu, 169 F.R.D. 132 (D. Haw. 1996) (granting protective order pursuant to Rule 412 to prevent a sexual battery and haras
moved, “probative value all but disappears.” See Ordover, Admissibility of Patterns of Similar Sexual Cond
routinely rejected in federal courts. See, e.g., Barta v. City and County of Honolulu, 169 F.R.D. 132 (D
One commentator has noted that once the identity of persons and similarity of circumstances are removed, "probative value all but disappears." See Ordover, Admissibility of Patterns of Similar Sexual Conduct: The Unlamented Death of Character for Chastity, 63 Cornell L. Rev. 96, 106 (1977). The discov
areas which will clearly fail to satisfy the balancing test" set forth in Rule 412. See Barta I. City and County of Honolulu, 169 F.R.D. at 135. In Barta, the Court confronted this issue in the context of a discovery motion in a civil case. 169 F.R.D. at 133. A former employee brought a sexual harassm
. One commentator has noted that once the identity of persons and similarity of circumstances are removed, "probative value all but disappears." See Ordover, Admissibility of Patterns of Similar Sexual Conduct: The Unlamented Death of Character for Chastity, 63 Cornell L. Rev. 96, 106 (1977). The discov
nd County of Honolulu, 169 F.R.D. at 135. 5 EFTA00222175 Case 9:08-cv-80119-KAM Document 94 Entered on FLSD Docket 05/06/2009 Page 6 of 10 In Barta the Court confronted this issue in the context of a discovery motion in a civil case. 169 F.R.D. at 133. A former employee brought a sexual harassme
Entities connected to both Ordover and Barta

Jeffrey Epstein
PERSONJane Doe
PERSONHerron
PERSONJack Goldberger
PERSON
Oliver Stone
PERSONRobert D. Critton
PERSONSanchez
PERSONStalnaker
PERSONGibbons
PERSONBalas
PERSONZabihi
PERSON
United States District Court
ORGANIZATION
Adam D. Horowitz
PERSON
Honolulu
LOCATIOND. Haw.
ORGANIZATIONP.J. Herchenroeder
PERSONCity and County of Honolulu
ORGANIZATION
Alan Dershowitz
PERSON
Kenneth Marra
PERSONJacobs
ORGANIZATION