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Case 1:15-cv-07433-LAP Document 1328-41 Filed 01/05/24 Page 18 of 31 164 (3d Cir. 1993) (“holding that discovery motions and supporting materials are subject to a presumptive right of access would make raw discovery, ordinarily inaccessible to the public, accessible merely because it had to be included in motions precipitated by inadequate discovery responses or overly aggressive discovery demands. This would be a holding based more on expediency than principle.”). Therefore, five federal appellate courts have already rejected the argument that Dershowitz advances here. Dershowitz acknowledges that the Second Circuit has not yet reached this specific issue, but the holdings in Amodeo I and Amodeo II demonstrate that when the Second Circuit reaches this issue, it will reach exactly the same result. In Amodeo IJ the Second Circuit held that documents “passed between the parties in discovery, lie entirely beyond the presumption’s reach...” Amodeo II, 71 F.3d at 1050. In Amodeo J the Second Circuit noted the “mere filing of a paper or document with the court is insufficient to render that paper a judicial document subject to the right of public access.” Amodeo I, 44 F.3d at 145. Additionally, in the case cited by Dershowitz, S.E.C. v. TheStreet.Com, 273 F.3d 222, 233 (2d Cir. 2001), the Second Circuit rejected an argument that would “transform every document that a court reviews into a ‘judicial document’ presumptively open to the public, despite well-settled law to the contrary.” The Second Circuit has held (1) discovery materials are not judicial documents; (2) the mere filing of a document with the court does not render it a judicial document; and (3) a court simply reviewing a piece of discovery material does not make the document a “judicial document.” Therefore, there is no question that the Second Circuit would resolve the issue at hand in exactly the same way that every other circuit to address the issue has. This Court should follow every other circuit, and the guidance from the Second Circuit, and find that the mere 13