Case 1:20-cr-00330-PAE Document 242 Filed 04/23/21 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
United States of America,
-v-
Ghislaine Maxwell,
Defendant.
20-CR-330 (AJN)
ORDER
ALISON J. NATHAN, District Judge:
On April 22, 2021, Defendant Ghislaine Maxwell filed her response to the Court's April 21, 2021 Order, Dkt. No. 221, under temporary seal with proposed redactions. The proposed redactions are GRANTED. The Court's conclusion is guided by 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: (i) 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 119-20. The Court concludes that these are judicial documents and that the First Amendment and common law presumptions of access attach.
In balancing competing considerations against the presumption of access, however, the Court finds that the proposed redactions are narrowly tailored to protect the privacy interests of defense lawyers' clients in other matters and to allow defense counsel to comply with their professional obligations under the rules of professional conduct.
The Defendant is ORDERED to docket the redacted version of her letter by April 23, 2021. The Defendant is further ORDERED to docket the basis for the redaction request, originally sent by email, on ECF by April 23, 2021.
DOJ-OGR-00003965
Full Text
Case 1:20-cr-00330-PAE Document 242 Filed 04/23/21 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
United States of America,
-v-
Ghislaine Maxwell,
Defendant.
20-CR-330 (AJN)
ORDER
ALISON J. NATHAN, District Judge:
On April 22, 2021, Defendant Ghislaine Maxwell filed her response to the Court's April 21, 2021 Order, Dkt. No. 221, under temporary seal with proposed redactions. The proposed redactions are GRANTED. The Court's conclusion is guided by 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: (i) 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 119-20. The Court concludes that these are judicial documents and that the First Amendment and common law presumptions of access attach.
In balancing competing considerations against the presumption of access, however, the Court finds that the proposed redactions are narrowly tailored to protect the privacy interests of defense lawyers' clients in other matters and to allow defense counsel to comply with their professional obligations under the rules of professional conduct.
The Defendant is ORDERED to docket the redacted version of her letter by April 23, 2021. The Defendant is further ORDERED to docket the basis for the redaction request, originally sent by email, on ECF by April 23, 2021.
DOJ-OGR-00003965
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Case 1:20-cr-00330-PAE Document 242 Filed 04/23/21 Page 2 of 2
SO ORDERED.
Dated: April 23, 2021
New York, New York
ALISON J. NATHAN
United States District Judge
DOJ-OGR-00003966
Individual Pages
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Case 1:20-cr-00330-PAE Document 242 Filed 04/23/21 Page 2 of 2
SO ORDERED.
Dated: April 23, 2021
New York, New York
ALISON J. NATHAN
United States District Judge
DOJ-OGR-00003966