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Case 1:20-cr-00330-AJN Document 101 Filed 12/23/20 Page 1 of 2
USDC SDNY
DOCUMENT |
ELECTRONICALLY FILED
DOC #:
UNITED STATES DISTRICT COURT DATE FILED: 12/23/20
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 18, 2020, the Defendant filed her reply to the Government’s opposition to
her renewed application for bail. In accordance with this Court’s December 7, 2020 Order, see
Dkt. No. 89, she filed these materials under seal and proposed narrowly tailored redactions on
those materials. The Government did not file any opposition to the Defendant’s proposed
redactions.
The Court will adopt the Defendant’s proposed redactions after applying 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 (ii1) balance competing considerations against the presumption of access. Id. 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 (“Amodeo IT’), 71 F.3d 1044, 1050 (2d Cir. 1995)).
The proposed redactions satisfy this test. The Court finds that the Defendant’s
submissions 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
DOJ-OGR- 00002204