EFTA00022960Set 8
2020-06-1020p5,494w
that should be afforded to an item, (b) the identification and weight
of any countervailing interests supporting continued sealing/redaction of the item, and (c) whether
the countervailing interests rebut ... Amodeo II")); (b) any minimum
presumption of public access is subject to many countervailing interests supporting continued
sealing; and (c) the countervailing interests rebut any minimal presumption of public access ... deposition testimony; DE 150-1; DE 153; and DE 153-1: Identification of
Countervailing Interests.
A. Countervailing Interests.
All of the above DEs are either quotes from, summaries
https://www.justice.gov/epstein/files/DataSet%208/EFTA00022960.pdf
EFTA00075004Set 9
2020-06-1020p5,220w
that should be afforded to an item, (b) the identification and weight
of any countervailing interests supporting continued sealing/redaction of the item, and (c) whether
the countervailing interests rebut ... Amodeo II")); (b) any minimum
presumption of public access is subject to many countervailing interests supporting continued
sealing; and (c) the countervailing interests rebut any minimal presumption of public access ... deposition testimony; DE 150-1; DE 153; and DE 153-1: Identification of
Countervailing Interests.
A. Countervailing Interests.
All of the above DEs are either quotes from, summaries
https://www.justice.gov/epstein/files/DataSet%209/EFTA00075004.pdf
EFTA00074964Set 9
2020-06-1740p9,195w
that should be afforded to an item, (b) the identification and weight of any
countervailing interests supporting continued sealing/redaction of the item, and (c) whether the
countervailing interests rebut ... improperly afford the highest level of presumption to
discovery dispute documents, deny that any countervailing interests exist, and protest that Ms.
Maxwell's numerous proposed countervailing interests, and those ... F.3d at 50).
A. Non-Response from Does 1 and 2 Not Dispositive of Countervailing Interests
Plaintiff argues that all documents mentioning Does 1 and 2 should be released because
https://www.justice.gov/epstein/files/DataSet%209/EFTA00074964.pdf
EFTA00075024Set 9
2006-10-2331p8,486w
Maxwell's third
attempt at using vague arguments describing high-level categories of countervailing interests to
keep the docket in this case under seal. See Sealed December 5, 2019 Letter ... Maxwell cites no
precedent for the proposition that Doe l's memory is a countervailing interest sufficient to justify
continued sealing—Doe l's medical condition may have been ... reasonable reliance on a protective order is not a countervailing interest that alone justifies
keeping a document sealed. Martindell, the case on which Maxwell primarily relies, was not about
https://www.justice.gov/epstein/files/DataSet%209/EFTA00075024.pdf
EFTA00017074Set 8
2020-05-2210p2,720w
Brown v. Maxwell, 929 F.3d 41 (2d. Cir. 2019); rely upon general "alleged countervailing
interests" against disclosure that are not supported by the extensive body of case law addressing
whether ... Court; and assert unsubstantiated, generalized,
and speculative harms based on the alleged countervailing interests that are insufficient to
outweigh the presumption of access to these judicial documents.
As set forth ... Maxwell's General Objections Are Without Merit.
Ms. Maxwell asserts objections based on alleged "countervailing interests" that are not
recognized in the extensive body of case law addressing whether
https://www.justice.gov/epstein/files/DataSet%208/EFTA00017074.pdf
EFTA00075477Set 9
2020-08-2074p15,469w
nothing but a limited
presumption of access.
In turn, as explained below, several countervailing interests rebut this
minimal presumption of access.
a. Ms. Maxwell's reliance interests, and those ... security the Protective Order afforded. App. pp
836-49. Failing to address this countervailing interest and make the required
findings is itself an abuse of discretion. United States v. Nelson ... access to the materials;
16 Two, identify and evaluate the weight of any
17 countervailing interests; and
18 Three, determine whether the countervailing interests
19 rebut the presumption
https://www.justice.gov/epstein/files/DataSet%209/EFTA00075477.pdf
EFTA00074941Set 9
2020-07-2317p3,908w
access to the materials;
16 Two, identify and evaluate the weight of any
17 countervailing interests; and
18 Three, determine whether the countervailing interests
19 rebut the presumption ... lodged objections to unsealing. In her objections,
22 Ms. Maxwell relies on several countervailing interests, the
23 most weighty of which are that the material concerns personal
24 matters that ... should be clear from the above, the Court finds
13 that the countervailing interests identified fail to rebut the
14 presumption of public access to the motions at issue
https://www.justice.gov/epstein/files/DataSet%209/EFTA00074941.pdf
EFTA00076383Set 9
2016-04-2178p17,141w
access to the materials;
16 Two, identify and evaluate the weight of any
17 countervailing interests; and
18 Three, determine whether the countervailing interests
19 rebut the presumption ... lodged objections to unsealing. In her objections,
22 Ms. Maxwell relies on several countervailing interests, the
23 most weighty of which are that the material concerns personal
24 matters that ... should be clear from the above, the Court finds
13 that the countervailing interests identified fail to rebut the
14 presumption of public access to the motions at issue
https://www.justice.gov/epstein/files/DataSet%209/EFTA00076383.pdf
EFTA00023662Set 8
2020-08-243p766w
that the
materials are judicial documents the Court is required to determine whether any countervailing
interests outweigh the presumptive right to public access. M. Maxwell, 929 F.3d ... Frankly, Ms. Maxwell does not believe that the government has established a countervailing
interest compelling enough to justify continued sealing of the documents. iw ib7r
Consideration the on y reason ... these
documents and submits that protecting her right to a fair trial is the countervailing interest that,
at this point, requires her proposed redactions and the continued sealing
https://www.justice.gov/epstein/files/DataSet%208/EFTA00023662.pdf