Epstein Secrets

HERALD MEDIA COMPANY, ALAN M. DERSHOWITZ, MICHAEL CERNOVICH, DBA CERNOVICH MEDIA Intervenors. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, 15-CV-7433 (LAP) Ghislaine Maxwell's Opening Brief Ty Gee Adam Mueller HADDON, MORGAN AND FOREMAN, P.C. 150 East 10th Avenue Den r 2 Tel. A

n material should remain sealed to vindicate Ms. Maxwell and other individuals' reasonable reliance on the judicial promise of confidentiality. See TheStreet.Corn, 273 F.3d at 229-31 (recognizing the importance of reliance interests in assessing whether to allow access to sealed documents (citing Martind

3d 132,139 (2d Cir. 2016)). A district court "necessarily abuses its discretion if its conclusions are based on an erroneous determination of law." TheStreet.Com, 273 F.3d at 229 (quoting Crescent Publ'g Op., Inc. v. Playboy Enters., Inc., 246 F.3d 142,146 (2d Cir. 2001)). "Reviewable-for-abuse-of-discr

bears no possible relation to the controversy or may cause the objecting party prejudice."); Wine Markets Int'l, Inc. v. Bass, 177 F.R.D. 128,133 (E.D.N.Y. 1998) ("Motions to strike are not generally favored, except in relation to scandalous matters."); Alvarado-Morales v. Digital Equip. Corp., 843 F.2

); the protection of attorney-client privilege, Lugosch, 435 F.3d at 125; "the danger of impairing law enforcement or judicial efficiency," SEC. v. TheStreet.Com, 273 F.3d 222, 232 (2d Cir. 2001); and "the privacy interest of those who resist disclosure," id. " Our discussion here focuses specifically on

t be considered a "judicial document" and would enjoy no presumption of public access. 3 Finally, in appropriate o' Fed. R. Civ. P. 26(c); see also TheStreet.Com, 273 F.3d at 229-30. 41 See, e.g., S.D.N.Y. Electronic Case Filing Rules & Instructions, February 1, 2019 Edition, Rule 6.1, http:finysd.us

ranceX.com, Inc., No. 06-cv-2225, 2010 WL 11606632, at *4 14 CONFIDENTIAL SDNY_GM_00000888 EFTA 00114972 EFTA01263259 To Be Filed Under Seal (E.D.N.Y. Mar. 15, 2010) (order was not improvidently granted where "parties were concerned about exchanging commercially sensitive material with their direct

ther Judge made the requisite fmdings in his decisions granting the various motions to seal publicly-filed documents that were made in See, e.g., TheStreet.Com, 273 F.3d 222, 231 (2d Cir. 2001) ("While Martindell established a general and IS SDNY_GM_00000889 CONFIDENTIAL EFTA_00114973 EFTA01263260

35 U.S. 589 (1978) 10 Press-Enterprise Co. v. Superior Court, 464 U.S. 501 (1984) 10 Savitt v. Vacco, No. 95-CV-1842(RSP/DRH), 1996 WL 663888 (N.D.N.Y. Nov. 8, 1996) 7 Schiller v. City of New York, No. 04 CIV. 792I(ICMK), 2006 WL 2788256 (S.D.N.Y. Sept. 27, 2006) 7, 12 Sec. and Exch. Conun'n v.

ers, pursuant to Rule 24 of the Federal Rules of Civil Procedure, either as a matter of right or permissively. See, e.g., Sec. and Exch. Conan it v. TheStreet.Com, 273 F.3d 222, 227 n.4 (2d Cir. 2001); Schiller v. City of New York, No. 04 CIV. 7921(KMK)(JC), 2006 WL 2788256, at *2 (S.D.N.Y. Sept. 27, 2006