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Extracted Text (OCR)
Case 1:20-cr-00330-AJN Document 52 Filed 09/02/20 Page 7 of 8
The Honorable Alison J. Nathan
August 17, 2020
Page 7
Further, and as this Court knows, ample Second Circuit authority supports staying a civil case
pending the resolution of a related criminal case. See SEC v. Blaszezak, No. 17-CV-3919 (AJN),
2018 WL 301091, at *1 (S.D.N.Y. Jan. 3, 2018) (granting motion to stay civil case and holding
that “[a] district court may stay civil proceedings when related criminal proceedings are
imminent or pending, and it will sometimes be prudential to do so” (quoting Louis Vuitton
Malletier S.A. v. LY USA, Inc., 676 F.3d 83, 98 (2d Cir. 2012))). Among other things, the stay
vindicates the Fifth Amendment and guards against witnesses learning information in the civil
case and then “conforming” their testimony in the criminal case to what was disclosed in the
civil case. This concern is all the more real whet DI D7 7 7 _
Ms. Maxwell further anticipates the very immediate need to disclose the Materials to
Notably, the Material at issue is not accuser-related or sensitive in any regard. These ex parte
pleadings, hearings, and rulings are already known to ggg. These materials, absent
sealing, would enjoy a presumptive right of public access as judicial documents. Given that the
Material has been disclosed in this case by the government under the terms of this Court’s
Order, and without any application to the sealing courts, the government has conceded that this
Court has the authority to authorize use of the Material under the terms of this Court’s Protective
Order. And, the government has previously agreed that the appropriate forum to consider issues
related to the civil Protective Order is in the civil litigation, positing the opinion “that neither it
nor this Court is well-positioned to, or should, become the arbiter of what is appropriate or
permissible in civil cases.” Doc. # 33 at 7. What Ms. Maxwell asks is that she be allowed to
disclose, under seal, the Material so that |
The Protective Order in this ca Is
The Material, as part of the court files in the United States District Court for the Southern
District of New Y ork, [i
DOJ-OGR-00001758
Extracted Information
Document Details
| Filename | DOJ-OGR-00001758.jpg |
| File Size | 817.2 KB |
| OCR Confidence | 93.7% |
| Has Readable Text | Yes |
| Text Length | 2,185 characters |
| Indexed | 2026-02-03 16:15:40.982591 |