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Extracted Text (OCR)
Case 1:20-cr-00330-PAE Document596- Filed 02/11/22 Page2of7
Second, the Court DENIES Juror 50’s motion to intervene as it is unnecessary and
unsupported by any authority or precedent. Juror 50’s motion to intervene, however, will be
docketed because the Court DENIES the Defendant’s request to seal the motion. Even though
the motion to intervene is denied, it is a judicial document to which the presumption in favor of
public access applies and no interests are served by maintaining it under seal.
I. Temporary sealing of documents related to the motion for a new trial
The Court first addresses the Defendant’s request that this Court seal all documents
related to the motion for a new trial either until the motion is resolved or until after a hearing is
conducted, should one be ordered. Dkt. No. 590 at 1-2. The Court considers a request to seal
pursuant to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of
Onondaga, 435 F.3d 110 (2d Cir. 2006). First, the Court determines whether the document in
question is a “judicial document”—that is, a document “relevant to the performance of the
judicial function and useful in the judicial process.” /d. at 119. If so, a presumption of access
under the First Amendment and common law attaches. In the second step of the inquiry, the
Court determines the weight to be accorded the presumption of access. /d. Finally, “after
determining the weight of the presumption of access, the Court must ‘balance competing
oe
considerations against it,’” such as “the danger of impairing law enforcement or judicial
efficiency” and “the privacy interests of those resisting disclosure.” /d. at 120 (quoting United
States v. Amodeo, 71 F.3d 1044, 1050-51 (2d Cir. 1995)).
Both parties agree that the motion papers are “judicial document[s] that [are] subject to a
strong presumption of access under both the First Amendment and common law.” Dkt. No. 594
at 2 (quoting Dkt. No. 590 at 4). However, the Defendant argues that sealing pending a hearing
or resolution is necessary “to ensure the integrity of any fact-gathering process that may take
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Dates
Document Details
| Filename | DOJ-OGR-00008910.jpg |
| File Size | 719.6 KB |
| OCR Confidence | 93.9% |
| Has Readable Text | Yes |
| Text Length | 2,140 characters |
| Indexed | 2026-02-03 17:39:23.971627 |