EFTA00028055.pdf

Type: pdf
Source set: data-set-8

Extracted text

Caseas212-6r310193MACINnEEIVANN95202QIERVON0:37217a Fab efi5of 5
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
United States of America,
Ghislaine Maxwell,
Defendant.
USDC SONY
DOCUMENT
ELECTRONICALLY FILED
DOC
DATE FILED: 9/2/20
20-CR-330 (AJN)
MEMORANDUM
OPINION AND ORDER
ALISON J. NATHAN, District Judge:
On August 17, 2020, Defendant Ghislaine Maxwell filed a sealed letter motion seeking
an Order modifying the protective order in this case.' Specifically, she sought a Court order
allowing her to file under seal in certain civil cases ("Civil Cases") materials ("Documents") that
she received in discovery from the Government in this case. She also sought permission to
I This Order will not refer to any redacted or othenvise confidential information, and as a result it will not be sealed.
The Court will adopt the redactions to Defendant's August 17, 2020 letter motion that the Government proposed on
August 21, 2020, and it will enter that version into the public docket. The Court's decision to adopt the
Government's proposed redactions is guided by the three-part test articulated by the Second Circuit in Lugosch v.
Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Under this test, the Court must: (i) determine whether the
documents in question are "judicial documents;" (ii) assess the weight of the common law presumption of access to
the materials; and (iii) balance competing considerations against the presumption of access. Id. at 119-20. "Such
countervailing factors include but are not limited to 'the danger of impairing law enforcement or judicial efficiency'
and 'the privacy interests of those resisting disclosure.'" Id. at 120 (quoting United States v. Amodeo, 71 F.3d 1044,
1048 (2d Cir.1995) ("Amodeo II")). The Government's proposed redactions satisfy this test. First, the Court finds
that the defendant's letter motion is "relevant to the performance of the judicial function and useful in the judicial
process," t…

Open in the interactive archive →