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Case 1:20-cr-00330-AJN Document 168 Filed 03/18/21 Page1of5
USDC SDNY
DOCUMENT |
ELECTRONICALLY FILED
UNITED STATES DISTRICT COURT Doc #:
SOUTHERN DISTRICT OF NEW YORK DATE FILED:__ 3/18/21
United States of America,
_y_
20-CR-330 (AJN)
Ghislaine Maxwell,
ORDER
Defendant.
ALISON J. NATHAN, District Judge:
On February 26, 2021, the Government filed its omnibus memorandum of law opposing
Defendants’ twelve pre-trial motions. It filed the brief, along with the corresponding exhibits,
under temporary seal pending the Court’s resolution of its request to redact sensitive or
confidential information. See Dkt. No. 162. On March 9, 2021, the Defendant objected to
certain of the redactions that the Government had proposed, and she proposed additional
redactions. Having considered the parties’ respective positions, the Court will grant the
Government’s requests for redactions and sealing, as well as the Defendant’s additional
redaction requests, with the exceptions discussed below.
To begin with, the Court’s reasoning 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 (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- 00002762