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20 21 22 23 24 25 Case 1:15-cv-07433-LAP Document 1332-10 Filed 01/08/24 Page 16 of 64 15 H2G8GIUC what it is that should be sealed. So we can't address that issue. With respect to the Second Circuit precedent, this is not about tainting the jury pool or self-selecting. This isn't even about discovery materials. Mr. Dershowitz's motion was about discovery materials. This isn't. This is about a judicial document, the motion for summary judgment. Now, the case they relied upon, the documents weren't at issue until after settlement. Well, this is actually more important because this is about what the Court will or will not decide on the ultimate outcome potentially of this case, because defendants could walk out of here winning summary judgment based upon these very papers that the public has no idea what is in them. That distinguishes Martindale. It fits as seen in Agent Orange. Just because, unfortunately, it does involve allegedly the sexual assault of minors, that does not in and of itself mean there should be a blanket sealing order in all cases. In fact, Globe Newspaper was the Supreme Court case that specifically held that a Massachusetts statute that automatically sealed material relating to sexual assault of minors does not pass muster. We have to look at an individualized, particularized basis as to why these particular materials should be sealed. Maybe they should be, some of them. We are not looking to embarrass or expose the plaintiff. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300