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Case 1:20-cr-00330-AJN Document 168 Filed 03/18/21 Page 2 of 5
The proposed redactions mostly satisfy this test. First, the Government’s brief in
opposition to the Defendant’s pre-trial motions is a “judicial document” for purposes of the first
element of the Lugosch test. United States v. Amodeo (“Amodeo I”), 44 F.3d 141, 145 (2d Cir.
1995). The Court thus concludes that there is a common law and a First Amendment
presumption of access. /d. at 146; see also Nixon v. Warner Comme’ns, Inc., 435 U.S. 589, 602
(1978). The question, then, is whether the redaction and sealing requests are narrowly tailored to
serve substantial interests that overcome that presumption of access.
Like the Government’s previous redaction and sealing requests in this case, the
Government bases its requests on its contention that redactions and/or sealing are necessary to
protect the integrity of an ongoing criminal investigation and to protect third parties’ personal
privacy interests. As a general matter, these interests are legitimate and provide a basis for
overcoming the presumption of access. See, e.g., Under Seal v. Under Seal, 273 F. Supp. 3d
460, 467 (S.D.N.Y. 2017); United States v. Madoff, 626 F. Supp. 2d 420, 427-28 (S.D.N.Y.
2009). As applied to this case, the Court concludes that the proposed redactions in the
Government’s brief generally serve these interests. Exhibit 1 contains a single redaction—the
name of a third party—and the Court concludes that that individual’s personal privacy interests
outweigh the presumption of access that exists as to that limited portion of the exhibit. The
proposed redactions to Exhibit 7 are similar in that they seek to protect from public access only
the names and contact information of third parties. Here, too, the interest in protecting the safety
and privacy of those individuals outweighs the presumption of access that attaches to those
documents.
The Court overrules the Defendant’s objections to the redactions contained in Exhibit 5
of the Government’s brief and adopts the Government’s proposed redactions. The core of the
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Document Details
| Filename | DOJ-OGR-00002763.jpg |
| File Size | 713.3 KB |
| OCR Confidence | 94.7% |
| Has Readable Text | Yes |
| Text Length | 2,105 characters |
| Indexed | 2026-02-03 16:26:54.844147 |