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ds and files," United States v. Erie Cty., N Y., 763 F.3d 235, 240 (2d Cir. 2014) (quoting Nixon, 435 U.S. at 598); accord Newsday LLC v. County of Nassau, 730 F.3d 156, 163 (2d Cir. 2013). The second principle is that "balanc[ing] the public's interest in access to judicial documents against the priv
at the district court (or the appellees) unjustifiably delayed resolution of the unseal motions and its abuse of discretion in failing to adhere to the Second Circuit's "clear[]"3 precedent. We respectfully submit that neither conclusion warrants the extraordinary action being contemplated by the panel. A. The dist
R-686 (LAK), 2019 WL 4194569, at *4 (S.D.N.Y. Sept. 3, 2019) (documents not offered into evidence not judicial documents); Newsday LLC v. County of Nassau, 730 F.3d 156 (2d Cir. 2013) (report used to refresh witness's recollection not a judicial document). 1. DE's 204-3 and 212-3 are excerpts from Doe
re "unjustified obstacles" or that the public will never have access to these documents -- reflect unjustified criticisms of the Protocol itself and the Second Circuit's decision in Brown, both of which fairly outline the legal process for parties and Non-Parties alike to be heard with respect to unsealing. Notably,
District, while jurors for trials held in the "Long Island Division," which included the Uniondale 200 EFTA00100167 courthouse, were drawn from Nassau and Suffolk Counties. Id. at 24. The defendant argued that the district court erred by selecting the jury from the "Long Island Division" wheel beca
und the time of the defendant's trial, or some combination thereof. Id. Ultimately, the district court in Rioux found that the teaching of Duren and the Second Circuit's subsequent cases is that "the court must assess representativeness in the context of the systematic defect identified by the defendant." Id. at 156
District, while jurors for trials held in the "Long Island Division," which included the Uniondale 200 EFTA00077832 courthouse, were drawn from Nassau and Suffolk Counties. Id. at 24. The defendant argued that the district court erred by selecting the jury from the "Long Island Division" wheel beca
und the time of the defendant's trial, or some combination thereof. Id. Ultimately, the district court in Rioux found that the teaching of Duren and the Second Circuit's subsequent cases is that "the court must assess representativeness in the context of the systematic defect identified by the defendant." Id. at 156
District, while jurors for trials held in the "Long Island Division," which included the Uniondale 200 EFTA00039647 courthouse, were drawn from Nassau and Suffolk Counties. Id. at 24. The defendant argued that the district court erred by selecting the jury from the "Long Island Division" wheel beca
und the time of the defendant's trial, or some combination thereof. Id. Ultimately, the district court in Rioux found that the teaching of Duren and the Second Circuit's subsequent cases is that "the court must assess representativeness in the context of the systematic defect identified by the defendant." Id. at 156
m the entire Eastern District, while jurors for trials held in the "Long Island Division," which included the Uniondale courthouse, were drawn from Nassau and Suffolk Counties. Id. at 24. The defendant argued that the district court erred by selecting the jury from the "Long Island Division" wheel beca
und the time of the defendant's trial, or some combination thereof. Id. Ultimately, the district court in Rioux found that the teaching of Duren and the Second Circuit's subsequent cases is that "the court must assess representativeness in the context of the systematic defect identified by the defendant." Id. at 156
District, while jurors for trials held in the "Long Island Division," which included the Uniondale 200 EFTA00103225 courthouse, were drawn from Nassau and Suffolk Counties. Id. at 24. The defendant argued that the district court erred by selecting the jury from the "Long Island Division" wheel beca
und the time of the defendant's trial, or some combination thereof. Id. Ultimately, the district court in Rioux found that the teaching of Duren and the Second Circuit's subsequent cases is that "the court must assess representativeness in the context of the systematic defect identified by the defendant." Id. at 156
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