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Extracted Text (OCR)
Case 20-3061, Document 82, 10/02/2020, 2944267, Page30 of 37
24
does not suggest that Judge Nathan committed legal
error when issuing the Order denying her motion.
Second, Judge Nathan did not abuse her discretion
when determining that Maxwell had offered no basis
for determining that good cause justified a modifica-
tion of the Protective Order. In her briefing before the
District Court, Maxwell offered no coherent explana-
tion of how the criminal discovery materials could
have any conceivable impact on the issues pending in
civil litigation. She cited no case law suggesting that,
for example, the possibility of an inevitable discovery
argument by the Government should foreclose unseal-
ing in a civil case, or that unsealing analysis should be
affected by a concern about pretrial publicity in a sep-
arate criminal case. In the absence of any such expla-
nation, Judge Nathan’s Order declining to modify the
Protective Order did not amount to an abuse of her
broad discretion when overseeing an ongoing criminal
case.
Even on this appeal, Maxwell still fails to explain
why she needs to use materials relating to the Govern-
ment’s applications seeking the modification of certain
protective orders in other judicial proceedings. As far
as the Government is aware, the only issue pending in
the civil litigation in which Maxwell seeks to use those
criminal discovery materials involves whether the
First Amendment requires that certain filings in those
cases be made available on the public docket. Maxwell
cannot explain why certain criminal discovery materi-
als are relevant to the issues pending in those cases or
how the manner in which the Government obtained
DOJ-OGR-00019637
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00019637.jpg |
| File Size | 666.6 KB |
| OCR Confidence | 95.5% |
| Has Readable Text | Yes |
| Text Length | 1,700 characters |
| Indexed | 2026-02-03 19:45:46.885323 |