3
Shared Docs
3
Same-Page
3 / 3
Mentions
atively limited, due to the confidential nature" of the litigation. (Id. at 2 n.1). The Government also submitted that the court need not employ the Manindell balancing test to evaluate the Government's ability to obtain access to materials covered by a protective order because (1) the Martindell balancin
ircuits have emphasized this distinction in the context of Section 3283. Leo Sure Chief 438 F.3d, at 922-25; Jeffries, 405 F.3d 685. Read together, the Second Circuit's decisions in Weingarten, Vernon, Enterprise, and Falter establish that Congress may retroactively extend the limitations period for still-viable pr
fy Rule 26(c) protective orders that precluded full compliance with those subpoenas. While the Government argued that the court need not employ the Manindell balancing test for several reasons, it also made arguments under Martindell in the alternative. Ultimately, both Chief Judge McMahon and Judge Netbu
w, and should be denied. 1. Martindell Provides No Basis to Grant the Relief the Defendant Seeks Maxwell argues that the Government "circumvented" the Second Circuit's decision in Martindell and "violated Maxwell's rights," which requires suppression of the evidence the Government obtained from the subpoena. (Def.
fy Rule 26(c) protective orders that precluded full compliance with those subpoenas. While the Government argued that the court need not employ the Manindell balancing test for several reasons, it also made arguments under Martindell in the alternative. Ultimately, both Chief Judge McMahon and Judge Netbu
w, and should be denied. 1. Martindell Provides No Basis to Grant the Relief the Defendant Seeks Maxwell argues that the Government "circumvented" the Second Circuit's decision in Martindell and "violated Maxwell's rights," which requires suppression of the evidence the Government obtained from the subpoena. (Def.
Entities connected to both Manindell and the Second Circuit's

Jeffrey Epstein
PERSON
Ghislaine Maxwell
PERSON
United States
LOCATION
Julie K. Brown
PERSONthe Southern District
LOCATION
Supreme Court
ORGANIZATION
Scarlett Johansson
PERSON
David Boies
PERSONSweet
PERSONMartindell
PERSONColleen McMahon
PERSON
Carpenter
PERSON
Southern District of New York
ORGANIZATION
Colorado
LOCATIONSecond Circuit
ORGANIZATION
Eric Schmidt
PERSONFisher
PERSON
Bronx
LOCATIONJimenez
PERSONMartin Weinberg
PERSON