EFTA01263246Set 10
2016-03-1826p8,431w
continue to adhere to our holding in Martindell [v. International Tel. and
Tel. Corp., 594 F.2d 291, 294 (2d Cir. 1979)), that 'this extraordinary writ [mandamus] would
hardly be available ... discretion." Id at 423.
I will, therefore, consider the Government's application.
B. The Martindell Standard Applies
Ordinarily, "Where there has been reasonable reliance by a party or deponent ... However, the Second Circuit established a limited exception
to this rule in Martindell v. International TeL and Tel Corp., 594 F.2d 291 (2d Cir. 1979).
Martindell arose after the Government
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01263246.pdf
EFTA00086685Set 9
2016-03-1827p8,445w
continue to adhere to our holding in Martindell [v. International Tel. and
Tel. Corp., 594 F.2d 291, 294 (2d Cir. 1979)], that `this extraordinary writ [mandamus] would
hardly be available ... discretion." Id. at 423.
I will, therefore, consider the Government's application.
B. The Martindell Standard Applies
Ordinarily, "Where there has been reasonable reliance by a party or deponent ... However, the Second Circuit established a limited exception
to this rule in Martindell v. International TeL and Tel. Corp., 594 F.2d 291 (2d Cir. 1979).
Martindell arose after the Government
https://www.justice.gov/epstein/files/DataSet%209/EFTA00086685.pdf
EFTA00097649Set 9
2014-10-2420p4,543w
REPLY MEMORANDUM OF GHISLAINE MAXWELL
IN SUPPORT OF HER MOTION UNDER THE FOURTH AMENDMENT,
MARTINDELL, AND THE FIFTH AMENDMENT TO SUPPRESS ALL EVIDENCE
OBTAINED FROM THE GOVERNMENT'S SUBPOENA ... Transcript, Apr. 21, 2016
EFTA00097653
Ghislaine Maxwell moves under the Fourth Amendment, Martindell v. Int'l TeL & TeL
Corp., 594 F.2d 291 (2d Cir. 1979), and the Fifth Amendment ... following notice to all parties
and an opportunity for them to be heard").
Second, Martindell affords Maxwell a reasonable expectation of privacy. Martindell, 594
F.2d at 294. In Martindell
https://www.justice.gov/epstein/files/DataSet%209/EFTA00097649.pdf
EFTA00100287Set 9
2014-10-2420p4,646w
REPLY MEMORANDUM OF GHISLAINE MAXWELL
IN SUPPORT OF HER MOTION UNDER THE FOURTH AMENDMENT,
MARTINDELL, AND THE FIFTH AMENDMENT TO SUPPRESS ALL EVIDENCE
OBTAINED FROM THE GOVERNMENT'S SUBPOENA ... Transcript, Apr. 21, 2016
EFTA00100291
Ghislaine Maxwell moves under the Fourth Amendment, Martindell v. Int'l TeL & TeL
Corp., 594 F.2d 291 (2d Cir. 1979), and the Fifth Amendment ... following notice to all parties
and an opportunity for them to be heard").
Second, Martindell affords Maxwell a reasonable expectation of privacy. Martindell, 594
F.2d at 294. In Martindell
https://www.justice.gov/epstein/files/DataSet%209/EFTA00100287.pdf
EFTA00097331Set 9
2014-10-2420p4,558w
REPLY MEMORANDUM OF GHISLAINE MAXWELL
IN SUPPORT OF HER MOTION UNDER THE FOURTH AMENDMENT,
MARTINDELL, AND THE FIFTH AMENDMENT TO SUPPRESS ALL EVIDENCE
OBTAINED FROM THE GOVERNMENT'S SUBPOENA ... Transcript, Apr. 21, 2016
EFTA00097335
Ghislaine Maxwell moves under the Fourth Amendment, Martindell v. Int'l TeL & TeL
Corp., 594 F.2d 291 (2d Cir. 1979), and the Fifth Amendment ... following notice to all parties
and an opportunity for them to be heard").
Second, Martindell affords Maxwell a reasonable expectation of privacy. Martindell, 594
F.2d at 294. In Martindell
https://www.justice.gov/epstein/files/DataSet%209/EFTA00097331.pdf
EFTA00018997Set 8
2014-10-2420p4,647w
REPLY MEMORANDUM OF GHISLAINE MAXWELL
IN SUPPORT OF HER MOTION UNDER THE FOURTH AMENDMENT,
MARTINDELL, AND THE FIFTH AMENDMENT TO SUPPRESS ALL EVIDENCE
OBTAINED FROM THE GOVERNMENT'S SUBPOENA ... Transcript, Apr. 21, 2016
EFTA00019001
Ghislaine Maxwell moves under the Fourth Amendment, Martindell v. Intl TeL & TeL
Corp., 594 F.2d 291 (2d Cir. 1979), and the Fifth Amendment, to suppress ... following notice to all parties
and an opportunity for them to be heard").
Second, Martindell affords Maxwell a reasonable expectation of privacy. Martindell, 594
F.2d at 294. In Martindell
https://www.justice.gov/epstein/files/DataSet%208/EFTA00018997.pdf
EFTA00015303Set 8
22p5,018w
MEMORANDUM OF GHISLAINE MAXWELL
IN SUPPORT OF HER MOTION UNDER THE FOURTH AMENDMENT,
MARTINDELL, AND THE FIFTH AMENDMENT TO SUPPRE ALL EVIDENCE
OBTAINED FROM THE GOVERNMENT'S SUBPOENA ... subpoena t'- an unconstitutional Fourth
Amendment seizure. 11
II. The government's violation of Martindell requires suppression 11
III. The government's violation of the Fifth Amendment requires suppression ... CONST. amend. V passim
iii
EFTA00015306
Ghislaine Maxwell moves under the Fourth Amendment, Martindell v. Intl TeL & TeL
Corp., 594 F.2d 291 (2d Cir. 1979), and the Fifth Amendment
https://www.justice.gov/epstein/files/DataSet%208/EFTA00015303.pdf
EFTA00040664Set 9
2016-02-2921p6,030w
Judge McMahon explained that she believed the Second Circuit's decision in Martindell v.
International Telephone & Telegraph Coip., 594 F.2d 291 (2d Cir. 1979), governed the
Government's application. Martindell ... sealed opinion dated April 9, 2019. In the opinion, she explained that Martindell governed
the Government's application, but that two of the Martindell factors supported modification of
the protective ... them without
a warrant. And she contends that the Government circumvented the requirements of Martindell
and violated her due process rights by misleading Judge McMahon about the Government's prior
https://www.justice.gov/epstein/files/DataSet%209/EFTA00040664.pdf
EFTA00087251Set 9
2016-02-2921p6,032w
Judge McMahon explained that she believed the Second Circuit's decision in Martindell v.
International Telephone & Telegraph Coip., 594 F.2d 291 (2d Cir. 1979), governed the
Government's application. Martindell ... sealed opinion dated April 9, 2019. In the opinion, she explained that Martindell governed
the Government's application, but that two of the Martindell factors supported modification of
the protective ... them without
a warrant. And she contends that the Government circumvented the requirements of Martindell
and violated her due process rights by misleading Judge McMahon about the Government's prior
https://www.justice.gov/epstein/files/DataSet%209/EFTA00087251.pdf
EFTA00066510Set 9
2016-02-2921p6,032w
Judge McMahon explained that she believed the Second Circuit's decision in Martindell v.
International Telephone & Telegraph Coip., 594 F.2d 291 (2d Cir. 1979), governed the
Government's application. Martindell ... sealed opinion dated April 9, 2019. In the opinion, she explained that Martindell governed
the Government's application, but that two of the Martindell factors supported modification of
the protective ... them without
a warrant. And she contends that the Government circumvented the requirements of Martindell
and violated her due process rights by misleading Judge McMahon about the Government's prior
https://www.justice.gov/epstein/files/DataSet%209/EFTA00066510.pdf
EFTA00087230Set 9
2016-02-2921p6,032w
Judge McMahon explained that she believed the Second Circuit's decision in Martindell v.
International Telephone & Telegraph Coip., 594 F.2d 291 (2d Cir. 1979), governed the
Government's application. Martindell ... sealed opinion dated April 9, 2019. In the opinion, she explained that Martindell governed
the Government's application, but that two of the Martindell factors supported modification of
the protective ... them without
a warrant. And she contends that the Government circumvented the requirements of Martindell
and violated her due process rights by misleading Judge McMahon about the Government's prior
https://www.justice.gov/epstein/files/DataSet%209/EFTA00087230.pdf
EFTA00106039Set 9
2016-02-2921p6,241w
Judge McMahon explained that she believed the Second Circuit's decision in Martindell v.
International Telephone & Telegraph Cap., 594 F.2d 291 (2d Cir. 1979), governed the
Government's application. Martindell ... sealed opinion dated April 9, 2019. In the opinion, she explained that Martindell governed
the Government's application, but that two of the Martindell factors supported modification of
the protective ... them without
a warrant. And she contends that the Government circumvented the requirements of Martindell
and violated her due process rights by misleading Judge McMahon about the Government's prior
https://www.justice.gov/epstein/files/DataSet%209/EFTA00106039.pdf
EFTA00075477Set 9
2020-08-2074p15,469w
Case No. 17-cv-6618 (AJN), 2018 WL 2561026
(S.D.N.Y. June 1, 2018) 35
Martindell v. Int'l Tel. & Tel. Corp., 594 F.2d 291 (2d Cir. 1979) passim
N.Y. Civil ... dubious at best. Indeed, the promise is at risk of being broken entirely.
' Martindell v. Intl Tel. & Tel. Corp., 594 F.2d 291, 296 (2d Cir. 1979), cited
with approval ... protection afforded to her by this Court
under established Second Circuit law, e.g., Martindell, 594 F.2d 291.
5
EFTA00075487
Case 20-2413, Document 40, 08/20/2020, 2913550, Page12 of 74
After
https://www.justice.gov/epstein/files/DataSet%209/EFTA00075477.pdf
EFTA00011520Set 8
2019-02-286p2,862w
ability to obtain access to materials covered by a protective order. Specifically,
in Martindell v. International Tel. and Tel. Corp., 594 F.2d 291 (2d Cir. 1979), the government
informally ... F.2d 1221, 1224 (2d Cir. 1991) (in
connection with bankruptcy proceeding, and citing Martindell, vacating denial of a motion to
quash a grand jury subpoena seeking production of documents subject ... circumstance or compelling need).
As an initial matter, the Court need not employ the Martindell balancing test here. This is
so for two reasons. First, Martindell and cases employing
https://www.justice.gov/epstein/files/DataSet%208/EFTA00011520.pdf
EFTA00066433Set 9
2019-02-286p2,879w
ability to obtain access to materials covered by a protective order. Specifically,
in Martindell v. International Tel. and TeL Corp., 594 F.2d 291 (2d Cir. 1979), the government
informally ... F.2d 1221, 1224 (2d Cir. 1991) (in
connection with bankruptcy proceeding, and citing Martindell, vacating denial of a motion to
quash a grand jury subpoena seeking production of documents subject ... circumstance or compelling need).
As an initial matter, the Court need not employ the Martindell balancing test here. This is
so for two reasons. First, Martindell and cases employing
https://www.justice.gov/epstein/files/DataSet%209/EFTA00066433.pdf
EFTA00074903Set 9
2020-07-3138p8,325w
EFTA00074906
Case 20-2413, Document 10-1, 07/30/2020, 2896538, Page5 of 38
Martindell v. Int'l Tel. & Tel. Corp.,
594 F.2d 291 (2d Cir. 1979) passim
Mich. Coalition ofRadioactive Material ... have been dubious at best.
Indeed, it is at risk of being broken entirely.
' Martindell v. Intl Tel. & Tel. Corp., 594 F.2d 291, 296 (2d Cir. 1979).
1
EFTA00074910
Case ... government had no apparent ability legally to obtain the deposition
transcripts. In Martindell v. International Telephone and Telegraph Corp., 594 F.2d
291, 293 (2d Cir. 1979), cited with approval
https://www.justice.gov/epstein/files/DataSet%209/EFTA00074903.pdf
EFTA01263240Set 10
2019-02-286p2,883w
ability to obtain access to materials covered by a protective order. Specifically,
in Martindell v. International Tel. and TeL Corp., 594 F.2d 291 (2d Cir. 1979), the government
informally ... F.2d 1221, 1224 (2d Cir. 1991) (in
connection with bankruptcy proceeding, and citing Martindell, vacating denial of a motion to
quash a grand jury subpoena seeking production of documents subject ... circumstance or compelling need).
As an initial matter, the Court need not employ the Martindell balancing test here. This is
so for two reasons. First, Martindell and cases employing
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01263240.pdf
EFTA00084801Set 9
2019-02-286p2,855w
ability to obtain access to materials covered by a protective order. Specifically,
in Martindell v. International Tel. and TeL Corp., 594 F.2d 291 (2d Cir. 1979), the government
informally ... F.2d 1221, 1224 (2d Cir. 1991) (in
connection with bankruptcy proceeding, and citing Martindell, vacating denial of a motion to
quash a grand jury subpoena seeking production of documents subject ... circumstance or compelling need).
As an initial matter, the Court need not employ the Martindell balancing test here. This is
so for two reasons. First, Martindell and cases employing
https://www.justice.gov/epstein/files/DataSet%209/EFTA00084801.pdf
EFTA00070824Set 9
2019-02-286p2,841w
ability to obtain access to materials covered by a protective order. Specifically,
in Martindell v. International Tel. and TeL Corp., 594 F.2d 291 (2d Cir. 1979), the government
informally ... F.2d 1221, 1224 (2d Cir. 1991) (in
connection with bankruptcy proceeding, and citing Martindell, vacating denial of a motion to
quash a grand jury subpoena seeking production of documents subject ... circumstance or compelling need).
As an initial matter, the Court need not employ the Martindell balancing test here. This is
so for two reasons. First, Martindell and cases employing
https://www.justice.gov/epstein/files/DataSet%209/EFTA00070824.pdf
EFTA00018749Set 8
2020-08-178p3,922w
been told that the government was given all the material as
part of the Martindell-avoidance, ex pane processes in front of Judges Sweet, McMahon, and
Netbum.
The indictment with ... other matters.
The reasons this Court should grant the request
In contravention of Martindell and its progeny, the government achieved modification of a valid
protective order entered in connection with ... controlling authority relied on by both courts to reach opposite results is Martindell v.
International Telephone and Telegraph Corp., 594 F.2d 291, 293 (2d Cir. 1979).
EFTA00018753
The Honorable Alison
https://www.justice.gov/epstein/files/DataSet%208/EFTA00018749.pdf