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Case 1:20-cr-00330-AJN Document 81 Filed 12/03/20 Pa :
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED ||
DOC #: _
UNITED STATES DISTRICT COURT DATE FILED: 12/3/20 _
SOUTHERN DISTRICT OF NEW YORK
United States of America,
_y_
20-CR-330 (AJN)
Ghislaine Maxwell,
ORDER
Defendant.
ALISON J. NATHAN, District Judge:
On November 25, 2020, counsel for Defendant Ghislaine Maxwell filed a letter request
seeking an in camera conference for the presentation of a renewed motion for release on bail and
a request to seal the November 25, 2020 letter in its entirety. The Court required justification for
the sealing request. On November 30, 2020, the defense counsel filed a second letter no longer
fully pressing the unsupported request to file the letter entirely under seal and instead proposing
redactions to both the November 25th and November 30th letters. The Government has
indicated that it does not oppose the redactions. Dkt. No. 80.
After due consideration, the Court will adopt the Defendant’s proposed redactions, which
are consented to by the Government. The Court’s decision 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: (1) determine whether the documents in question are
“Judicial documents;” (11) assess the weight of the common law presumption of access to the
materials; and (ii1) balance competing considerations against the presumption of access. /d. at
119-20. “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.’” Jd.
at 120 (quoting United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995) (“Amodeo I?’)).
DOJ-OGR-00001847