Judge Eyes 'One-Time' Release of Additional Jeffrey Epstein-Related Documents in Civil Case
The proposed procedure would designate materials as "judicial," "non-judicial" or an in-between category referred as "negligibly judicial."
September 04, 2019 at 12:35 PM
4 minute read
A Manhattan federal judge on Wednesday appeared inclined to adopt a three-tiered approach to reviewing documents that remain sealed in a settled defamation case by an accuser of disgraced financier Jeffrey Epstein, after an appeals court last month released an initial tranche of previously confidential filings.
The proposed procedure, floated by attorneys for longtime Epstein associate Ghislaine Maxwell, would designate materials as "judicial," "non-judicial" or an in-between category referred to Wednesday as "negligibly judicial."
U.S. District Judge Loretta A. Preska of the Southern District of New York said the approach would help expedite the process for determining which of the hundreds of still-sealed filings in the closed defamation case against Maxwell should be made public and would avoid multiple releases down the road.
"I'm only doing this one time," she said.
The U.S. Court of Appeals for the Second Circuit on Aug. 9 released a cache of previously sealed filings from the summary judgment record of the case, which was filed by Virginia Giuffre in 2015.
Giuffre, who has accused Epstein of holding her as a "sex slave" and trafficking her to other powerful men, said Maxwell had aided the dead money manager and alleged in the lawsuit that Maxwell had defamed her with public statements disputing the sexual trafficking claims. Maxwell has denied the allegations.
The case settled in 2017, but the appeals court in July ordered the first release and directed the lower court to conduct a "particularized review" of the remaining sealed materials, which include discovery documents and motions in limine. The court, however, cautioned that the documents were unvetted and had likely been filed for partisan purposes in contentious litigation.
The parties on Wednesday, however, were far apart on how to achieve that goal. Sigrid McCawley, a Boies Schiller Flexner partner who represents Giuffre, suggested releasing the files in "staggered form," starting with the back end of the docket and then working forward.
The disagreement at times seemed to frustrate Preska, who told attorneys, "It seems to me you parties should have had a conversation already," about what should be unsealed.
Jeffrey Pagliuca, who represents Maxwell, assured Preska that the sides had, in fact, discussed the issue but simply could not reach an agreement. Pagliuca, a partner with Haddon, Morgan and Foreman, said "hundreds" of people were named in the documents under review, though the parties did not provide any details on their identities.
Pagliuca's proposed approach would include grouping the documents by category and then arguing over redactions and other issues. It would also provide time to notify third parties if they were implicated in documents that qualified for release.
Preska, who emphasized speed and efficiency at the hearing, ordered the first round of expedited briefing to be filed in two weeks.
Wednesday's hearing played out on just one of the various legal battlefields that remain following Epstein's death Aug. 10 by suicide in a Manhattan federal jail while awaiting trial on charges of sex trafficking and conspiracy.
The case against Epstein has been dropped in light of his death, but federal prosecutors are continuing to investigate Epstein's friends, employees and others within his orbit. Some of Epstein's accusers, meanwhile, have sued to recover the financier's estate, which is legally domiciled in the U.S. Virgin Islands.
Two federal probes are also looking into how such a high-profile defendant could have been allowed to kill himself while in federal lockup. Epstein's criminal attorneys have expressed skepticism at a medical examiner's determination that their client had, in fact, killed himself, and asked the judge overseeing the case to launch an independent inquiry.
If convicted, Epstein, who was 66, would have faced up to 45 years in prison.
Read More:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFrom ‘Deep Sadness’ to Little Concern, Gaetz’s Nomination Draws Sharp Reaction From Lawyers
7 minute readTrump Picks Personal Criminal Defense Lawyers for Solicitor General, Deputy Attorney General
SEC Under Trump 2.0 Likely to Take More 'Measured' Enforcement Approach, Observers Say
Trending Stories
- 1'Radical Left Judges'?: Trump Demands GOP Unity Against Biden's Judicial Picks
- 2NY District Attorneys Are Still No Fans of Revamped Misconduct Watchdog
- 3ICC Issues Arrest Warrants for Israel's Prime Minister Over Alleged War Crimes in Gaza
- 4Attorney Responds to Outten & Golden Managing Partner's Letter on Dropped Client
- 5Attracted to Thompson Hine's Fee Flexibility, Morgan Lewis Litigator Switches Firms in Chicago
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250