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Document 318

AI Analysis

Summary: The court denies Ghislaine Maxwell's motion for subpoenas under Rule 17(c)(3) without prejudice, citing the Nixon test. The court also orders Maxwell to inform it whether she seeks sealing or redactions of the court's opinion and her original motion papers by August 18, 2021.
Significance: This document is significant because it reveals the court's decision on Ghislaine Maxwell's motion for subpoenas and sets out the procedure for determining whether certain documents should be sealed or redacted.
Key Topics: Ghislaine Maxwell's motion for subpoenas under Rule 17(c)(3) Sealing and redactions of court documents Application of the Nixon and Lugosch tests
Key People:
  • Ghislaine Maxwell - Defendant
  • Alison J. Nathan - United States District Judge
Document Type
Court Filing
Date
08/13/21
Pages
2
Folder
IMAGES002
Has Stamps
Yes

Full Text

Case 1:20-cr-00330-PAE Document 318 Filed 08/13/21 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States of America, -v- Ghislainc Maxwell, Defendant. USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 8/13/21 20-CR-330 (AJN) ORDER ALISON J. NATHAN, District Judge: On March 19, 2021, Defendant Ghislaine Maxwell submitted a sealed and ex parte motion for an order authorizing four subpoenas pursuant to Rule 17(c)(3) of the Federal Rules of Criminal Procedure. By sealed order dated March 22, 2021, the Court provided an opportunity for recipients of the subpoenas to respond to the requests by March 30, 2021, but it received no responses. In an Opinion and Order temporarily filed under seal, the Court DENIES Maxwell's motion without prejudice. It does so after concluding that none of the proposed subpoenas conform to the factors first set out in United States v. Nixon, 418 U.S. 683, 698-70 (1974). The Court will send the temporarily sealed Opinion and Order to defense counsel. By August 18, 2021, Maxwell is ORDERED to inform the Court whether she seeks sealing or limited redactions of the Court's opinion and of her original motion papers, justifying any such request by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). In addition, by that date Maxwell shall inform the Court whether she seeks full sealing or redactions of the original motion, again justifying any such request by reference to the Lugosch test. SO ORDERED. DOJ-OGR-00004989 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 318 Filed 08/13/21 Page 2 of 2 Dated: August 13, 2021 New York, New York Alison J. Nathan United States District Judge

Individual Pages

Page 1 of 2 - DOJ-OGR-00004989
Case 1:20-cr-00330-PAE Document 318 Filed 08/13/21 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States of America, -v- Ghislainc Maxwell, Defendant. USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 8/13/21 20-CR-330 (AJN) ORDER ALISON J. NATHAN, District Judge: On March 19, 2021, Defendant Ghislaine Maxwell submitted a sealed and ex parte motion for an order authorizing four subpoenas pursuant to Rule 17(c)(3) of the Federal Rules of Criminal Procedure. By sealed order dated March 22, 2021, the Court provided an opportunity for recipients of the subpoenas to respond to the requests by March 30, 2021, but it received no responses. In an Opinion and Order temporarily filed under seal, the Court DENIES Maxwell's motion without prejudice. It does so after concluding that none of the proposed subpoenas conform to the factors first set out in United States v. Nixon, 418 U.S. 683, 698-70 (1974). The Court will send the temporarily sealed Opinion and Order to defense counsel. By August 18, 2021, Maxwell is ORDERED to inform the Court whether she seeks sealing or limited redactions of the Court's opinion and of her original motion papers, justifying any such request by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). In addition, by that date Maxwell shall inform the Court whether she seeks full sealing or redactions of the original motion, again justifying any such request by reference to the Lugosch test. SO ORDERED. DOJ-OGR-00004989
Page 2 - DOJ-OGR-00004990
Case 1:20-cr-00330-PAE Document 318 Filed 08/13/21 Page 2 of 2 Dated: August 13, 2021 New York, New York Alison J. Nathan United States District Judge