Epstein Secrets

om) Jay M. Wolman ([email protected]) s/ Nicole Simmons 26 EFTA00791895

—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

int Andrew's Plaza New York. NY 10007 s/ Nicole Simmons 59 EFTA00155966

t "[b]efore any such common law right can attach, however, a court must first conclude that the documents at issue are indeed `judicial documents.' Lugosch, 435 F.3d at 119. "Once the court has determined that the documents are judicial documents and that therefore a common law presumption of access at

of New York (via United States mail) s/ Nicole Simmons 43 EFTA00075525 Case 20-2413, Document 40. 08

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