EFTA00095531.pdf

EXHIBIT B EFTA00095531 Case 1:15-cv-07433-RWS Document 41 Filed 03/04/16 Page 1 of 4 United States District Court Southern District of New York Plaintiff, Case No.: 15-cv-07433-RWS v. Ghislaine Maxwell, Defendant. DECLARATION OF SIGRID S. McCAWLEY IN SUPPORT OF PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR PROTECTIVE ORDER I, Sigrid S. McCawley, declare that the below is true and correct to the best of my knowledge as follows: I. I am a partner with the law firm of Boies, Schiller & Flexner LLP and duly licensed to practice in Florida and before this Court pursuant to this Court's September 29, 2015 Order granting my Application to Appear Pro Hac Vice. 2. I respectfully submit this Declaration in support of Plaintiff] Response to Defendant's Motion for Protective Order. 3. Attached hereto as Exhibit 1, is a true and correct copy of Plaintiff's February 5, 2016 Notice of Taking Videotaped Deposition of Defendant Ghislaine Maxwell. 4. Attached hereto as Exhibit 2, is a true and correct copy of the Re-Notice of Taking Videotaped Deposition of Defendant Ghislaine Maxwell. 5. Attached hereto as Exhibit 3, is a true and correct copy of Defendant's counsel, Laura Menninger's February 25, 2016 Email Correspondence to Sigrid McCawley. EFTA00095532 Case 1:15-cv-07433-RWS Document 41 Filed 03/04/16 Page 2 of 4 6. Attached hereto as Exhibit 4, is a true and correct copy of the Plaintiff's proposed Protective Order in redline format and clean format sent to Laura Menninger on February 25, 2016. 7. Attached hereto as Exhibit 5, is a true and correct copy of Plaintiff's proposed Protective Order in redline format and clean version. I declare under penalty of perjury that the foregoing is true and correct. Is/ Sigrid S. McCawley Sigrid S. McCawley, Esq. 2 EFTA00095533 Case 1:15-cv-07433-RWS Document 41 Filed 03/04/16 Page 3 of 4 Dated: March 4, 2016 Respectfully Submitted, BOLES, SCHILLER & FLEXNER LLP By: /s/ Sigrid McCawley Sigrid McCawley (Pro Hac Vice) Boles, Schiller & Flexner LLP David Boles Boles, Schiller & Flexner LLP Ellen Brockman Boles, Schiller & Flexner LLP 3 EFTA00095534 Case 1:15-cv-07433-RWS Document 41 Filed 03/04/16 Page 4 of 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 4, 2016, I electronically filed the foregoing document with the Clerk of Court by using the CM/ECF system. I also certify that the foregoing document is being served this day on the individuals identified below via transmission of Notices of Electronic Filing generated by CM/ECF. Laura A. Menninger, Esq. HADDON, MORGAN & FOREMAN, P.C. Is/ Sigrid S. McCawley Sigrid S. McCawley 4 EFTA00095535 ('ace l '1 rv-074:11-RWS Document 41-S Filed 03/04/16 Pane 1 of 1R EXHIBIT 5 EFTA00095536 Case 1:15-cv-07433-RWS Document 41-5 Filed 03/04/16 Page 2 of 18 United States District Court Southern District Of New York Plaintiff, I5-cv-07433-RWS Chislaine Maxwell, Defendant. JPROPOSEDI PROTECTIVE ORDER Upon a showing of good cause in support of the entry of a protective order to protect the discovery and dissemination of confidential information, including sensitive personal information relating to a victim of sexual abuse, copyright or trade secrets, commercially sensitive information, or proprietary information. er-infermatieft-witieltsvilfimproperly-mutor embarrassr or-oppress-any-partyr witnessr or-person-providing-discover)Lin-this-case, Purposes And Limitations The Parties acknowledge that this Order does not confer blanket protections on all disclosures during discovery. Designations under this Order shall be made sparingly, with care. and shall not be made absent a good faith belief that the designated material satisfies the criteria set forth herein. If it comes to a Designating Party's attention that designated material does not qualify for protection at all, or does not qualify for the level of protection initially asserted the Designating Party must promptly notify all other parties that it is withdrawing or changing the designation. Formatted: List Paragraph, Indent: Firg line: 0'. Space Betcre. opt, Line spacing: Double Formatted: Font: 12 pi, Font color: Black Formatted: Indent: Fltst line: Or, Space Setae: Opt, Line spacing: Double EFTA00095537 Case 1:15-cv-07433-RWS Document 41-5 Filed 03/04/16 Page 3 of 18 IT Is ORDERED: I . This Protective Order shall apply to all documents, materials, and information, including without limitation, documents produced, answers to interrogatories, responses to requests for admission, deposition testimony, and other information disclosed pursuant to the disclosure or discovery duties created by the Federal Rules of Civil Procedure. 2. As used in this Protective Order, "document" is defined as provided in FED.R.CIV.P. 34(a). A draft or non-identical copy is a separate document within the meaning of this term. 3. Information designated "CONFIDENTIAL" shall be information that is confidential and implicates-is covered by common law and statutory privacy imerems-protections of (a) plaintiff d (b) defendant Ghislaine Maxwell or icl any non-party that was su tject to sexual abuse. 4. CONFIDENTIAL information shall not be disclosed or used for any purpose except the preparation and trial of this case and any related matter, including but not limited to. investigations by law enforcement. 5. CONFIDENTIAL documents, materials, and/or information (collectively "CONFIDENTIAL INFORMATION") shall not, without the consent of the party producing it or further Order of the Court, be disclosed except that such information may be disclosed to: a. attorneys actively working on this case; Formatted: InCent: Hist line: 0.r, Space Stelae: 0 pt. Line spacing: Double EFTA00095538 Case 1:15-cv-07433-RWS Document 41-5 Filed 03/04/16 Page 4 of 18 b. persons regularly employed or associated with the attorneys actively working on this case whose assistance is required by said attorneys in the preparation for trial, at trial, or at other proceedings in this case; c. the parties; d. expert witnesses and consultants retained in connection with this proceeding, to the extent such disclosure is necessary for preparation, trial or other proceedings in this case; e. the Court and its employees ("Court Personnel") in this case; f. stenographic reporters who are engaged in proceedings necessarily incident to the conduct of this action; gdeponents, witnesses, or potential witnesses; and h. any person (1) who authored or received the particular Protected Material: (2) who has or had at any point in time access to the Protected Material outside of the context of this action: or (3) for which there is a good faith basis to conclude that the individual has earlier received or seen such Protected Material: and hi. anv other persons by written agreement of the parties or by Order of a Court of competent jurisdiction. 6. Prior to disclosing any CONFIDENTIAL INFORMATION to any person listed above (other than counsel, persons employed by counsel, Court Personnel and stenographic reporters), counsel shall provide such person with a copy of this Protective Order and obtain from such person a written acknowledgment stating that he or she has read this Protective Order and Formatted: Font: 12 pt EFTA00095539 Case 1:15-cv-07433-RWS Document 41-5 Filed 03/04/16 Page 5 of 18 agrees to be bound by its provisions. All such acknowledgments shall be retained by counsel and shall be subject to in camera review by the Court if good cause for review is demonstrated by opposing counsel. Documents are designated as CONFIDENTIAL by placing or affixing on them (in a manner that will not interfere with their legibility) the following or other appropriate notice: "CONFIDENTIAL" Discovery material designated CONFIDENTIAL shall be identified by Bates number. To the extent practical, the respective legend shall be placed near the Bates number. Designation of a document as CONFIDENTIAL INFORMATION shall constitute a representation that such document has been reviewed by an attorney for the designating party, that there is a valid and good faith basis for such designation, made at the time of disclosure or production to the receiving party, and that disclosure of such information to persons other than those permitted access to such material would cause a privacy harm to the designating party. 9. Whenever a deposition involves the disclosure of CONFIDENTIAL INFORMATION, the deposition or portions thereof shall be designated as CONFIDENTIAL and shall be subject to the provisions of this Protective Order. Such designation shall be made on the record during the deposition whenever possible, but a party may designate portions of depositions as CONFIDENTIAL after transcription, provided written notice of the EFTA00095540 Case 1:15-cv-07433-RWS Document 41-5 Filed 03/04/16 Page 6 of 18 designation is promptly given to all counsel of record within thirty (30) days after notice by the court reporter of the completion of the transcript, and until the expiration of such thirty (30) days after notice by the court reporter of the completion of the transcript, no party or counsel for any such party may share the contents of the deposition outside the limitations of this Protective Order. 10. Whenever a party seeks to file any document or material containing CONFIDENTIAL INFORMATION with the Court in this matter, it shall be accompanied by a Motion to Seal pursuant to Section 6.2 of the Electronic Case Filing Rules & Instructions for the Southern District of New York. A party may object to tha thsignation of particular CONFIDENTIAL' I.N.F4RMA-TION-br giving-weiten-neke-te-the-pany-designating-the-d.i.sputed informatienr-The-kvritten-notise-shall-idemiPt the-inferfnaleil-te-which-the-ebjeetien-is medeAf-the-perties-eetmet-reselve-the-objeetion-within-tea-fW)-busiffess-days-eller-the time-the-notice-is-receivedr it-shelt-be-the-obligation-ef-the-party-designating-the infermation-es-CONFIDENTIAL-te-ftle-en-epprepriete-ntetion-requening-that-the-Court .. P eteet..e Oder. If &tell . motion latt..1., filed, the &pared infermeti.ft shun b._ his-Preteetive-Order-until-the-COUrt-rides 00-the-H5Otienr If-the-deragnatiag-pactr ecibed ti.merthe-thspinekl-infennatien-shall-lese-its-designatien-as-C.ONFIDENTIAL—anil-shali Formatted: InCent: Left: 0.5", Tab stops: V. Left + Not at Or a 0.65" Formatted: Normal, Indent: Lett. 0.5', No bullets or flislitennf) Formatted: Font: 12 pt EFTA00095541 Case 1:15-cv-07433-RWS Document 41-5 Filed 03/04/16 Page 7 of 18 connection with a motion tiled under this provition, the pany deaignaung th3 inwmMion as-CONFIDEN-TIAL—shall-bear-the-burden-of-establishing-that-good-cause-exists-for-the disputed-information to betreated-as-CONFIDENTIA6 I I. Challenging Designations Of Protected Material (a) A Parry shall not be obligated to challenge the propriety of any designation of dDiscovery mMaterial under this Order at the time the designation is made. and a failure to do so shall not preclude a subsequent challenge thereto. Moreover. failure to challenge the designation of any dDiscovery mMaterial as CONFIDENTIAL or HIGHLY CONFIDENTIAL—ATTORNEYS' EYES ONLY shall not in any way constitute an admission that such material contains any competitively sensitive information. trade secret information, or other protectable material. jb) In the event that counsel for the Party receiving CONFIDENTIALPreteeteel Material objects to the CONFIDENTIAL or HIGHLY CONFIDENTIAL—ATTORNEYS' EYES ONLY designation of any or all such items, said counsel shall provide the Producing Party and, if different, the Designating Party written notice of, and the basis for, such objections. The Parties will use their best efforts to resolve such objections among themselves. Should the Receiving Party. the Producing Party and. if different, the Designating Party be unable to resolve the objections. the Receiving Party may seek a hearing before this Court with respect to the propriety of the designation. The Formatted: Font: 12 pt. Bold, underline, Pont Wck Formatted: Font: 12 pt. Font color: Black Formatted: NOMA No bullets or numbering Formatted: Font: 12 pt Formatted: Indent: Led: 0.5", Nanging: 0.5'. „to bullets or numbering, Tab stops: 1", Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt, Font color: Black Remelted: Font: 12 pt, Font color: Black EFTA00095542 Case 1:15-cv-07433-RWS Document 41-5 Filed 03/04/16 Page 8 of 18 Designating Party will cooperate in obtaining a prompt hearing with respect thereto. Pending a resolution. the discovery material in question shall continue to be treated as CONFIDENTIALProteeted-Material as provided hereunder. The burden of proving that d9iscovery mMaterial is properly designated shall at all times remain with the Designating Pan. 1, At the conclusion of this case, unless other arrangements are agreed upon, each. document and all copies thereof which have been designated as CONFIDENTIAL shall be returned to the party that designated it CONFIDENTIAL, or the parties may elect to destroy CONFIDENTIAL documents. Where the parties agree to destroy CONFIDENTIAL documents, the destroying party shall provide all parties with an affidavit confirming the destruction. 13. With respect to any d9iscovery mMaterial produced by such non-nary- the non: party may invoke the terms of this Order in writing to all Parties by designating dDiscovery mMaterial "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL— ATTORNEYS' EYES ONLY". Any such protected mMaterial produced by the non-party designated "CONFIDENTIAL" or '"'HIGHLY CONFIDENTIAL— ATTORNEYS' EYES ONLY" shall be subiect to the restrictions contained in this Order and shall only be disclosed or used in a manner consistent with this Order. 14. In the event that any Producing Party inadvertently produces dDiscoveri mMaterial eligible for designation as CONFIDENTIAL or HIGHLY CONFIDENTIAL—ATTORNEYS' EYES ONLY without such designation. the Formatted: Font: 12 pt, Font coke: Black Formatted: Font: 12 pt, Font cola': Black Formatted: Font: 12 pt, Font cola': Black Formatted: Font: 12 pt Formatted: Indent: Left: 0.5", Tab stops: r, List tab a Not at 0.5' Formatted: Indent: Left: 0.5", mangIro: 0.5'. Tab stops: r, List tab ♦ }lot at 0.5' Formatted: Indent: Left: 0.5", Tab stops: V. List tab Not at 0.5' EFTA00095543 Case 1:15-cv-07433-RWS Document 41-5 Filed 03/04/16 Page 9 of 18 Parties agree that the Producing Parry may retroactively apply the coma designation. If a Producing Party makes a subsequent designation, the Receiving Party will treat the Protected Material according to the retroactive designation including undertaking best efforts to retrieve all previously distributed copies from any recipients now ineligible to access the Protected Material. 4-3, 15. Limitations. Nothing in this Order shall restrict in any way the use or disclosure of CONFIDENTIAL materialltrotesre.d4.4aterial by a Receiving Party (a) that is or has become publicly known through no fault of the Receiving Party (b} that is lawfully acquired by or known to the Receiving Party independent of the Producing Party; (c) that was previously produced, disclosed, and/or provided by the Producing Party to the Receiving Party or a non-party without an obligation of confidentiality and not by inadvertence or mistake: (d) with the consent of the Producing Party and, if different, the Designating Party: tel pursuant to Order of the Court: or (fl for pumoses of law enforcement. -14—I6-5 This Protective Order shall have no force and effect on the use of any. CONFIDENTIAL INFORMATION at trial in this matter. -I-7,17. This Protective Order may be modified by the Court at any time for good cause shown following notice to all parties and an opportunity for them to be heard. Formatted: Font: 12 pt Formatted: Indent: Left: 0.5", Hanging 0.5", No tunas or numbering, Tab stops Formatted: Font: 12 pt Formatted: Indent: Left: 0.5", Tab stops: 1', List tab + 6.25", Right + Not at or Formatted: Font: 12 pt Formatted: Font: Font color: Auto Formatted: Lett, Indent: Left: 0", Hanging: 1", No billets a numbering EFTA00095544 Case 1:15-cv-07433-RWS Document 41-5 Filed 03/04/16 Page 10 of 18 BY THE COURT UNITED STATES DISTRICT JUDGE Fonnatted: Pont: 12 pt EFTA00095545 Case 1:15-cv-07433-RWS Document 41-5 Filed 03/04/16 Page 11 of 18 United States District Court Southern District Of New York Plaintiff, V. I; hislaine \la xwell, Defendant. 15-cv-07433-RWS IPROPOSEDI PROTECTIVE ORDER Upon a showing of good cause in support of the entry of a protective order to protect the discovery and dissemination of confidential information, including sensitive personal information relating to a victim of sexual abuse, copyright or trade secrets, commercially sensitive information, or proprietary information. Purposes And Limitations The Parties acknowledge that this Order does not confer blanket protections on all disclosures during discovery. Designations under this Order shall be made sparingly, with care, and shall not be made absent a good faith belief that the designated material satisfies the criteria set forth herein. If it comes to a Designating Party's attention that designated material does not qualify for protection at all, or does not qualify for the level of protection initially asserted, the Designating Party must promptly notify all other parties that it is withdrawing or changing the designation. EFTA00095546 Case 1:15-cv-07433-RWS Document 41-5 Filed 03/04/16 Page 12 of 18 IT IS ORDERED: 1. This Protective Order shall apply to all documents, materials, and information, including without limitation, documents produced, answers to interrogatories, responses to requests for admission, deposition testimony, and other information disclosed pursuant to the disclosure or discovery duties created by the Federal Rules of Civil Procedure. 2. As used in this Protective Order, "document" is defined as provided in FED.R.CIV.P. 34(a). A draft or non-identical copy is a separate document within the meaning of this term. 3. Information designated "CONFIDENTIAL" shall be information that is confidential and is covered by common law and statutory privacy protections of (a) plaintiff and (b) defendant Ghislaine Maxwell or (c) any non-party that was subject to sexual abuse. 4. CONFIDENTIAL information shall not be disclosed or used for any purpose except the preparation and trial of this case and any related matter, including but not limited to, investigations by law enforcement. 5. CONFIDENTIAL documents, materials, and/or information (collectively "CONFIDENTIAL INFORMATION") shall not, without the consent of the party producing it or further Order of the Court, be disclosed except that such information may be disclosed to: a. attorneys actively working on this case; 2 EFTA00095547 Case 1:15-cv-07433-RWS Document 41-5 Filed 03/04/16 Page 13 of 18 b. persons regularly employed or associated with the attorneys actively working on this case whose assistance is required by said attorneys in the preparation for trial, at trial, or at other proceedings in this case; c. the parties; d. expert witnesses and consultants retained in connection with this proceeding, to the extent such disclosure is necessary for preparation, trial or other proceedings in this case; e. the Court and its employees ("Court Personnel") in this case; I stenographic reporters who are engaged in proceedings necessarily incident to the conduct of this action; g. deponents, witnesses, or potential witnesses; h. any person (I) who authored or received the particular Protected Material; (2) who has or had at any point in time access to the Protected Material outside of the context of this action; or (3) for which there is a good faith basis to conclude that the individual has earlier received or seen such Protected Material; and i. any other persons by written agreement of the parties or by Order of a Court of competent jurisdiction. 6. Prior to disclosing any CONFIDENTIAL INFORMATION to any person listed above (other than counsel, persons employed by counsel, Court Personnel and stenographic reporters), counsel shall provide such person with a copy of this Protective Order and obtain from such person a written acknowledgment stating that he or she has read this Protective Order and 3 EFTA00095548 Case 1:15-cv-07433-RWS Document 41-5 Filed 03/04/16 Page 14 of 18 agrees to be bound by its provisions. All such acknowledgments shall be retained by counsel and shall be subject to in camera review by the Court if good cause for review is demonstrated by opposing counsel. 7. Documents are designated as CONFIDENTIAL by placing or affixing on them (in a manner that will not interfere with their legibility) the following or other appropriate notice: "CONFIDENTIAL." Discovery material designated CONFIDENTIAL shall be identified by Bates number. To the extent practical, the respective legend shall be placed near the Bates number. 8. Designation of a document as CONFIDENTIAL INFORMATION shall constitute a representation that such document has been reviewed by an attorney for the designating party, that there is a valid and good faith basis for such designation, made at the time of disclosure or production to the receiving party, and that disclosure of such information to persons other than those permitted access to such material would cause a privacy harm to the designating party. 9. Whenever a deposition involves the disclosure of CONFIDENTIAL INFORMATION, the deposition or portions thereof shall be designated as CONFIDENTIAL and shall be subject to the provisions of this Protective Order. Such designation shall be made on the record during the deposition whenever possible, but a party may designate portions of depositions as CONFIDENTIAL after transcription, provided written notice of the 4 EFTA00095549 Case 1:15-cv-07433-RWS Document 41-5 Filed 03/04/16 Page 15 of 18 designation is promptly given to all counsel of record within thirty (30) days after notice by the court reporter of the completion of the transcript, and until the expiration of such thirty (30) days after notice by the court reporter of the completion of the transcript, no party or counsel for any such party may share the contents of the deposition outside the limitations of this Protective Order. 10. Whenever a party seeks to file any document or material containing CONFIDENTIAL INFORMATION with the Court in this matter, it shall be accompanied by a Motion to Seal pursuant to Section 6.2 of the Electronic Case Filing Rules & Instructions for the Southern District of New York. II. Challenging Designations Of Protected Material (a) A Party shall not be obligated to challenge the propriety of any designation of discovery material under this Order at the time the designation is made, and a failure to do so shall not preclude a subsequent challenge thereto. Moreover, failure to challenge the designation of any discovery material as CONFIDENTIAL or HIGHLY CONFIDENTIAL—ATTORNEYS' EYES ONLY shall not in any way constitute an admission that such material contains any competitively sensitive information, trade secret information, or other protectable material. (b) In the event that counsel for the Party receiving CONFIDENTIAL Material objects to the CONFIDENTIAL or HIGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY designation of any or all such items, said 5 EFTA00095550 Case 1:15-cv-07433-RWS Document 41-5 Filed 03/04/16 Page 16 of 18 counsel shall provide the Producing Party and, if different, the Designating Party written notice of, and the basis for, such objections. The Parties will use their best efforts to resolve such objections among themselves. Should the Receiving Party, the Producing Party and, if different, the Designating Party be unable to resolve the objections, the Receiving Party may seek a hearing before this Court with respect to the propriety of the designation. The Designating Party will cooperate in obtaining a prompt hearing with respect thereto. Pending a resolution, the discovery material in question shall continue to be treated as CONFIDENTIAL as provided hereunder. The burden of proving that discovery material is properly designated shall at all times remain with the Designating Party. 12. At the conclusion of this case, unless other arrangements are agreed upon, each document and all copies thereof which have been designated as CONFIDENTIAL shall be returned to the party that designated it CONFIDENTIAL, or the parties may elect to destroy CONFIDENTIAL documents. Where the parties agree to destroy CONFIDENTIAL documents, the destroying party shall provide all parties with an affidavit confirming the destruction. 13. With respect to any discovery material produced by such non-party, the non-party may invoke the terms of this Order in writing to all Parties by designating discovery material "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY". Any such protected material produced by the 6 EFTA00095551 Case 1:15-cv-07433-RWS Document 41-5 Filed 03/04/16 Page 17 of 18 non-party designated "CONFIDENTIAL" or `HIGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY" shall be subject to the restrictions contained in this Order and shall only be disclosed or used in a manner consistent with this Order. 14. In the event that any Producing Party inadvertently produces discovery material eligible for designation as CONFIDENTIAL or HIGHLY CONFIDENTIAL— ATTORNEYS' EYES ONLY without such designation, the Parties agree that the Producing Party may retroactively apply the correct designation. If a Producing Party makes a subsequent designation, the Receiving Party will treat the Protected Material according to the retroactive designation, including undertaking best efforts to retrieve all previously distributed copies from any recipients now ineligible to access the Protected Material. 15. Limitations. Nothing in this Order shall restrict in any way the use or disclosure of CONFIDENTIAL material by a Receiving Party (a) that is or has become publicly known through no fault of the Receiving Party; (b) that is lawfully acquired by or known to the Receiving Party independent of the Producing Party; (c) that was previously produced, disclosed, and/or provided by the Producing Party to the Receiving Party or a non-party without an obligation of confidentiality and not by inadvertence or mistake; (d) with the consent of the Producing Party and, if different, the Designating Party; (e) pursuant to Order of the Court; or (0 for purposes of law enforcement. 7 EFTA00095552 Case 1:15-cv-07433-RWS Document 41-5 Filed 03/04/16 Page 18 of 18 16. This Protective Order shall have no force and effect on the use of any CONFIDENTIAL INFORMATION at trial in this matter. 17. This Protective Order may be modified by the Court at any time for good cause shown following notice to all parties and an opportunity for them to be heard. BY THE COURT UNITED STATES DISTRICT JUDGE 8 EFTA00095553