DOJ-OGR-00000894.jpg
Extracted Text (OCR)
Case 21-770, Document 3-2, 03/24/2021, 3065978, Page18 of 25
those materials. The Defendant did not file any opposition to the Government's
proposed redactions. The Court will adopt the Government's proposed redactions after
applying the three—part test articulated by the Second Circuit in Lugosch v. Pyramid
Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Under this test, the Court must: (1)
determine whether the documents in question are "judicial documents;" (ii) assess the
weight of the common law presumption access to the materials; and (iii) balance
competing considerations against the presumption of access. Id. at 11920. "Such
countervailing factors include but are not limited to 'the danger of impairing law
enforcement or judicial efficiency' and 'the privacy interests of those resisting
disclosure.” Id. at 120 (quoting United States v. Amodeo ("Amodeo II"), 71 F.3d
1044, 1050 (2d Cir. 1995)). The proposed redactions satisfy this test. The Court finds
that the Governments submissions are "relevant to the performance of the judicial
function and useful in the judicial process,” thereby qualifying as a "judicial
document" for purposes of the first element of the Lugosch test. United States v.
Amodeo ("Amodeo I"), 44 F.3d 141, 145 (2d Cir. 1995). And the Court also finds that
the common law presumption of access attaches. Id. at 146; see also Nixon v. Warner
Comme'ns, Inc., 435 U.S. 589, 602 (1978). Nevertheless, the proposed redactions are
narrowly tailored to serve substantial interests, including, most importantly, third
parties' personal privacy interests. See Under Seal v. Under Seal, 273 F. Supp. 3d 460
467 (S.D.N.Y.2017). The Government is hereby ORDERED to docket the redacted
documents and corresponding exhibits by no later than December 18, 2 (Signed by
Judge Alison J. Nathan on 12/18/2020) (ap) (Entered: 12/18/2020)
12/18/2020 MEMORANDUM OF LAW in Opposition by USA as to Ghislaine Maxwell Renewed
Bail Motion. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Comey, Maurene) (Entered:
12/18/2020)
12/23/2020 ORDER as to Ghislaine Maxwell: On December 18, 2020, the Defendant filed her
reply to the Government's opposition to her renewed application for bail. In
accordance with this Court's December 7, 2020 Order, see Dkt. No. 89, she filed these
materials under seal and proposed narrowly tailored redactions on those materials. The
Government did not file any opposition to the Defendant's proposed redactions. The
Court will adopt the Defendant's proposed redactions after applying the three—part test
articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d
110 (2d Cir. 2006). Under this test, the Court must: (1) determine whether the
documents in question are "judicial documents;” (ii) assess the weight of the common
law presumption of access to the materials; and (iii) balance competing considerations
against the presumption of access. Id. at 11920. "Such countervailing factors include
but are not limited to 'the danger of impairing law enforcement or judicial efficiency’
and 'the privacy interests of those resisting disclosure." Id. at 120 (quoting United
States v. Amodeo ("Amodeo II"), 71 F.3d 1044, 1050 (2d Cir. 1995)). The proposed
redactions satisfy this test. The Court finds that the Defendant's submissions are
"relevant to the performance of the judicial function and useful in the judicial process,”
thereby qualifying as a "judicial document” for purposes of the first element of the
Lugosch test. United States v. Amodeo ("Amodeo I"), 44 F.3d 141, 145 (2d Cir. 1995).
And the Court also finds that the common law presumption of access attaches. Id. at
146; see also Nixon v. Warner Comme'ns, Inc., 435 U.S. 589, 602 (1978). As with the
redactions to her renewed motion for bail, the proposed redactions here are narrowly
tailored to serve substantial interests, including, most importantly, third parties
personal privacy interests. See Under Seal v. Under Seal, 273 F. Supp. 3d 460, 467
(S.D.N.Y. 2017). See also Dkt. No. 95. The Defendant is hereby ORDERED to docket
the redacted documents and corresponding exhibits by no later than December 23,
2020. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/23/2020) (nl)
(Entered: 12/23/2020)
12/23/2020 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R.
Everdell dated December 18, 2020 re: Cover Letter for Reply Memorandum for
Renewed Bail Application (Everdell, Christian) (Entered: 12/23/2020)
12/23/2020 REPLY MEMORANDUM OF LAW in Support by Ghislaine Maxwell re: Renewed
Motion for Bail. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Everdell, Christian)
(Entered: 12/23/2020)
12/28/2020 | 104 | ORDER as to Ghislaine Maxwell. On December 8, 2020, Defendant Ghislaine
Maxwell filed a renewed motion for releaseon bail. Dkt No. 97. In an Opinion and
Order concurrently filed under temporary seal, the Court DENIES the Defendant's
DOJ-OGR- 00000894
Extracted Information
Document Details
| Filename | DOJ-OGR-00000894.jpg |
| File Size | 1451.1 KB |
| OCR Confidence | 94.6% |
| Has Readable Text | Yes |
| Text Length | 4,935 characters |
| Indexed | 2026-02-03 16:06:49.702330 |