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Case 1:20-cr-00330-AJN Document 95 Filed 12/14/20 Page 1 of 2
USDEe SDNY
DOCUMENT
ELECTRONICALLY FILED
UNITED STATES DISTRICT COURT DOC Fe
DATE FILED: 12/14/20
SOUTHERN DISTRICT OF NEW YORK ——————
United States of America,
_y_
20-CR-330 (AJN)
Ghislaine Maxwell,
ORDER
Defendant.
ALISON J. NATHAN, District Judge:
On December 8, 2020, Defendant Ghislaine Maxwell filed her renewed application for
bail under seal with proposed redactions, in accordance with this Court’s December 7, 2020
Order, see Dkt. No. 89. The Government did not file any opposition to the Defendant’s proposed
redactions.
After due consideration, the Court will adopt the Defendant’s proposed redactions. The
Court’s decision to adopt those redactions 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;” (ii) assess the weight of the common law presumption of access to the materials;
and (111) 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, 1048 (2d Cir.1995) (“Amodeo IT’)).
The proposed redactions satisfy this test. The Court finds that Defendant’s letter motions
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.
DOJ-OGR-00001970