EFTA00029951.pdf
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IN RE APPLICATION TO UNSEAL CIVIL DISCOVERY..., Slip Copy (2021)
2021 WL 1164272
Only the Westlaw citation is currently available.
United States District Court, S.D. New York.
IN RE APPLICATION TO UNSEAL
CIVIL DISCOVERY MATERIALS,
USAO Reference No. 2o18Ro1618.
19-MC-00179 (SN)
Filed 03/24/2021
SEALED ORDER
SARAH NETBURN United States Magistrate Judge
*1 The United States Attorney for the Southern District of
New York has moved, pursuant to the All Writs Act, Title 28,
United States Code, Section 1651, for an order relieving Boies
Schiller & Flexner LLP (the "Law Finn") of its obligations
under the protective order issued on November 29, 2018,
in Jane Doe 43 v. Jeffrey Epstein. et al. I7-CV-616 (IGK)
(SN) (S.D.N.Y.). The purpose of such order is to permit the
Law Firm to comply with a grand jury subpoena and provide
materials to the Government in connection with a federal
grand jury investigation. The motion is DENIED without
prejudice.
BACKGROUND
The Law Firm represented Jane Doe 43, a plaintiff in a civil
suit against Jeffrey Epstein and others. The case involves
allegations of sex trafficking. Because of the sensitive nature
of some of the discovery, the parties entered into a Protective
Order that deemed certain information to be "Confidential
Information."' Protective Order, at ECF No. 177. As
relevant here, the Protective Order provides that Confidential
Information shall not be disclosed or used for any purpose
other than the civil case. Id. at 1 4. At the conclusion of
the case, the Protective Order requires the destruction of
Confidential hard-copy documents or electronic files. Id. at 1
12. The Protective Order further prohibits the distribution of
Confidential electronic non-file copies without a court order.
Id. The Protective Order contemplates that a subpoena for
Confidential Information may be received and precludes the
receiving party from complying with the subpoena absent a
court order. Id. at ¶ 13. Finally, t…
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