United States District Court, S.D. New York
Counsel for Virginia Giuffre BOIES, SCHILLER & FLEXNER
LLP By: Sigrid S. McCawley, Esq. Meredith L. Schultz, Esq.
Counsel for Ghislaine Maxwell HADDON, MORGAN AND FOREMAN,
P.C. By: Laura A. Menninger, Esq. Jeffrey S. Pagliuca, Esq.
Counsel for Michael Cernovich RANDAZZA LEGAL GROUP PLLC By:
Jay M. Wolman, Esq.
W. Sweet, U.S.D.J.
Cernovich ("Cernovich" or the
"Intervenor") has moved under Rule 2 4(b) to
intervene in this action and to modify the protective order
entered in this action in order to unseal particular
documents submitted in connection with the motion of
defendant Ghislaine Maxwell ("Maxwell" or the
"Defendant") for summary judgment to dismiss the
complaint of plaintiff Virginia L. Giuffre
("Giuffre" or the "Plaintiff"). Based
upon the conclusions set forth below, the motion to intervene
is granted, and the motion to modify the protective order is
defamation action was commenced on September 21, 2015 and has
been intensely litigated as reflected by over 880 docket
entries as of this date. Familiarity with the prior opinions
is assumed. See Giuffre v. Maxwell, No. 15 Civ. 7433
(RWS), 2016 WL 831949 (S.D.N.Y. Feb. 29, 2016); Giuffre
v. Maxwell, No. 15 CIV. 7433 (RWS), 2016 WL 254932
(S.D.N.Y. Jan. 20, 2016); Giuffre v. Maxwell, No. 15
Civ. 7433 (RWS) (S.D.N.Y. May 2, 2016); see also
March 22, 2017 Redacted Opinion on Defendant's Motion for
Summary Judgment, ECF No. 872.
issue is the truth or falsity of statements made by the
Plaintiff which have been characterized as lies by the
Defendant, giving rise to this defamation action. Among the
statements at issue are allegations of sexual abuse of
minors. Discovery has proceeded involving these issues and
those persons allegedly involved.
The Protective Order
Protective Order was entered on March 17, 2016 and provided
confidentiality for documents, materials and/or information
so designated by the parties, together with procedures
relating to the designations and any challenges to the
designations among other provisions. It also provided that
the Protective Order would not affect the use of confidential
information at trial.
The Motion to Intervene is Granted
upon the conclusions reached in the November 2, 2016 order
granting intervention to Alan Dershowitz, the motion of
Cernovich to intervene to modify the Protective Order is
The Motion to Modify the Protective Order is Denied
Protective Order provided confidentiality for information the
parties determine would "improperly annoy, embarrass or
oppress any party, witness or person providing discovery in
this case." Protective Order, ECF No. 62, p. 1.
Intensive discovery has proceeded without challenge to a
significant number of designations, principally by the
Plaintiff. The Intervenor seeks to unseal the materials
submitted in connection with the Defendant's motion for
summary judgment. The opinion denying that motion for summary
judgment has been filed under seal, and includes a direction,
in accordance with the agreed-upon procedure, that the
parties submit an opinion that redacts any information that
is subject to the Protective Order. That opinion, ...