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Case 20-3061, Document 69, 09/28/2020, 2940206, Page4 of 15
Maxwell, 929 F.3d 41, 44 (2d Cir. 2019) (appeal by intervenors challenging denial of
motions to modify protective order and unseal).
Under the collateral order doctrine, an interlocutory order is immediately
appealable if it (1) conclusively determines the disputed question, (2) resolves an
important issue completely separate from the merits of the action, and (3) is
effectively unreviewable on appeal from a final judgment. W2/l v. Hallock, 546 U.S.
345, 349 (2006) (citing Puerto Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc.,
506 U.S. 139, 144 (1993)).
The district court’s order declining to modify the protective order meets all
three requirements: the court conclusively decided not to modify the protective
order, App. 99-103; the propriety of modifying the protective order is completely
separate from the merits of the government’s criminal allegations against Ms.
Maxwell; and appellate review of the order will be impossible following final
judgment because a post-judgment appeal will be moot since, by that time, Judge
Preska’s decision unsealing the deposition material in Giuffre v. Maxwell, Nos. 20-
2413 (2d Cir.)/15-cv-7433 (S.D.N.Y.) will have gone into effect.
That is the very point of this appeal, after all: to share with Judge Preska the
critical new information Ms. Maxwell has learned before it’s too late. All
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Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00019595.jpg |
| File Size | 637.6 KB |
| OCR Confidence | 94.5% |
| Has Readable Text | Yes |
| Text Length | 1,428 characters |
| Indexed | 2026-02-03 19:45:19.347008 |