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Case 1:20-cr-00330-PAE Document 642 _ Filed 03/11/22 Page 61 of 66
no legal effect). Although Rule 12(f) of the Federal Rules of Civil Procedure references
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“pleadings,” “a district court has the inherent power to strike a party's submissions other
than pleadings.” Mazzeo v. Gibbons, No. 2:08-CV-01387-RLH-PA, 2010 WL 3910072,
at *3 (D. Nev. Sept. 30, 2010); see also Metzger v. Hussman, 682 F. Supp. 1109, 1110
(D. Nev. 1988) (motion to strike granted and motion in opposition not considered by the
court). This Court should strike all the filings made by Juror No. 50.
Alternatively, Ms. Maxwell requests that the “Memorandum of Law in Support of
Motion to Intervene and for Release of Sealed Jury Questionnaire and Transcript, on
Behalf of Proposed Intervenor, Juror 50” and its companion Motion remain under seal, at
least until a resolution of Ms. Maxwell’s motion for new trial based on this Juror’s failure
to answer truthfully during jury selection. Juror No. 50’s Motion and accompanying
Memorandum are an attempt to obtain discovery by a non-party to this criminal case,
made by someone who lacks standing to participate in this prosecution. Accordingly,
these pleadings are not “judicial documents” and are afforded no presumption of public
access. United States v. Smith, 985 F. Supp. 2d 506, 519 (S.D.N.Y. 2013) (“experience
and logic show that there 1s no right of access to discovery materials”). See SEC v. The
Street.Com, 273 F.3d 222, 233 (2d Cir.2001) (rejecting claim that deposition testimony
became a “judicial document” “because the Court reviewed it in order to decide whether
or not to enter [a] protective order’).
The fact that Juror No. 50 filed these pleadings does not make them “judicial
documents.” United States v. Amodeo (“Amodeo I”), 44 F.3d 141, 145 (2d Cir. 1995)
(“We think that the mere filing of a paper or document with the court is insufficient to
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Document Details
| Filename | DOJ-OGR-00009753.jpg |
| File Size | 723.2 KB |
| OCR Confidence | 93.8% |
| Has Readable Text | Yes |
| Text Length | 1,924 characters |
| Indexed | 2026-02-03 17:50:00.655102 |