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Extracted Text (OCR)
Case 20-3061, Document 82, 10/02/2020, 2944267, Page20 of 37
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protective order’); Brown v. Maxwell, 929 F.3d 41, 46
(2d Cir. 2019) (third party intervenors, including mem-
bers of the press, appealing order denying motion to
modify protective order in civil litigation to allow third
parties access to sealed filings, after parties to the lit-
igation settled). Thus, appellate jurisdiction in those
cases was founded on the principle that when interve-
nors seek access to sealed records, “orders denying ac-
cess are final as to the intervenors.” Lugosch v. Pyra-
mid Co. of Onondaga, 435 F.3d 110, 117 (2d Cir. 2006)
(emphasis added). Once the courts in those cases de-
nied the intervenors’ motions to modify protective or-
ders, there was nothing left for those intervenors to lit-
igate. Here, by contrast, Judge Nathan’s Order did not
end the entire litigation as to Maxwell. To the con-
trary, Maxwell is scheduled to file pretrial motions in
December 2020 and to proceed to trial in July 2021.
When considering interlocutory appeals from rul-
ings on protective orders governing a criminal defend-
ant’s use of discovery materials, by contrast, this Court
has concluded it lacks jurisdiction. See Caparros, 800
F.2d at 24; Pappas, 94 F.3d at 798. Maxwell cites no
case in which this Court has found jurisdiction over an
interlocutory appeal of an order regulating the use of
materials a criminal defendant received during litiga-
tion, and her efforts to distinguish Pappas and Capar-
ros fall short. Pappas concluded that where a protec-
tive order “prohibits ... disclosure of information [a de-
fendant] acquired from the Government prior to the
litigation, the order is not a typical protective order
regulating discovery documents and should be appeal-
able because of the breadth of its restraint.” Pappas,
94 F.3d at 798 (emphasis added). But that is not the
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Dates
Document Details
| Filename | DOJ-OGR-00019627.jpg |
| File Size | 712.8 KB |
| OCR Confidence | 94.6% |
| Has Readable Text | Yes |
| Text Length | 1,897 characters |
| Indexed | 2026-02-03 19:45:39.056586 |