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Case 1:20-cr-00330-PAE Document596- Filed 02/11/22 Page6éof7
to have falsely represented information on pre-selection questionnaire and during oral voir dire).
Juror 50 is the potential subject of a post-verdict inquiry, not a party with an interest in the
criminal case. Accordingly, the Court DENIES Juror 50’s motion to intervene.
The Court also DENIES the Defendant’s request to strike or seal the motion. The
Defendant first requests that the Court strike Juror 50’s motion, relying on the example of a civil
forfeiture action and on Federal Rule of Civil Procedure 12(f). See Defense Motion, at 53 (citing
United States v. All Right, Title & Int. in Prop., Appurtenances, & Improvements Known as 479
Tamarind Drive, Hallendale, Fla., No. 98 CIV. 2279 (DLC), 2011 WL 1045095, at *2 (S.D.N.Y.
Mar. 11, 2011)). Such authority is unpersuasive. Even in the civil context, “motions to strike are
disfavored and should not be granted ‘unless there is a strong reason for so doing.’” Bailey v.
Pataki, No. 08 Civ. 8563 (JSR), 2010 WL 234995, at *3 (S.D.N.Y. Jan. 19, 2010). And Juror
50’s motion is certainly not “redundant, immaterial, impertinent or scandalous.” Brown v.
Maxwell, 929 F.3d 41, 51-52 (2d Cir. 2019). Accordingly, the Court DENIES the Defendant’s
request to strike the motion.
The Defendant alternatively requests that the Court seal Juror 50’s motion until her
motion for a new trial is resolved. Defense Motion, at 54; see also Defense Ltr., Jan. 13, 2022.
The three-part Lugosch test, as outlined above, compels denial of this request. First, Juror 50’s
motion is a judicial document and accordingly subject to the presumption of access. It is clearly
“relevant to the performance of a judicial function and useful in the judicial process.” United
States v. Amodeo, 44 F.3d 141, 145 (2d Cir. 1995). Whether this Court grants or denies the
motion does not alter this conclusion. See Lugosch, 435 F.3d at 121 (rejecting the argument that
“until a district court knows the disposition of the underlying motion, any attempt at calling
something a judicial document is premature”). The Defendant’s effort to liken the motion to
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Document Details
| Filename | DOJ-OGR-00008914.jpg |
| File Size | 727.1 KB |
| OCR Confidence | 94.4% |
| Has Readable Text | Yes |
| Text Length | 2,162 characters |
| Indexed | 2026-02-03 17:39:26.905572 |