Epstein Secrets

mitted, s/ Ty Gee Ty Gee Laura Menninger Adam Mueller HADDON, MORGAN AND FOREMAN, P.C. 150 East 10th

—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 Lugosch nor any of the other 6 EFTA00791875 Case 18-2868, Document 141, 03/15/2019, 2519388, Page8 of 27 Second Circuit cases supports the position the

the parties. The Order to Show Cause rests on a number of premises that we respectfully submit are flawed. As the Court noted in the Order, under Lugosch a" strong presumption of access" attaches to documents submitted to a court for its consideration in a summary judgment motion. Doc.138 at 2. But a

ants Julie Brown and Miami Herald. Ty Gee (Adam Mueller, on the brief), Haddon, Morgan and Foreman, P.C

narrowly tailored to achieve that aim."I3 12 Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 121 (2d Cir. 2006). We observe that our holding in Lugosch relies on the general principle that parties may "be assumed to have supported their papers with admissible evidence and non-frivolous arguments."

" Id. at 122. Insofar as a district court has, through striking a filing, specifically found that assumption inapplicable, the categorical rule in Lugosch may not apply. See notes 42-43 and accompanying text, post. 13 Id. at 124. Examples of such countervailing values may include, depending on the c

ants Julie Brown and Miami Herald. TY GEE (Adam Mueller, on the brief), Haddon, Morgan and Foreman, P.C.

g order is narrowly tailored to achieve that aim."13 " Bernstein v. Bernstein Litowitz Berger & Grossmann LLP, 814 F.3d 132, 139 (2d Cir. 2016). 12 Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 121 (2d Cir. 2006). We observe that our holding in Lugosch relies on the general principle that parties ma

ann LLP, 814 F.3d 132, 139 (2d Cir. 2016). 12 Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 121 (2d Cir. 2006). We observe that our holding in Lugosch relies on the general principle that parties may "be assumed to have supported their papers with admissible evidence and non- frivolous arguments."

Ghislaine Maxwell's Opening Brief Ty Gee Adam Mueller HADDON, MORGAN AND FOREMAN, P.C. 150 East 10th

e minimally redacted material was subject to a "strong presumption" of access under the First Amendment and the common law. Id. at 47 & n.12 (citing Lugosch, 435 F.3d at 121-22). The deposition material at issue here, however, was not submitted to the district court in connection with summary judgment