After
Netflix Heard Dershowitz Was To Disclose
Newsgathering Info Deal Reached in SDNY
By Matthew
Russell Lee, Patreon Photo
thread
LightRead - Honduras-Maximum
Maxwell Book
SDNY COURTHOUSE,
March 23– After the death of
Jeffrey Epstein in the MCC
prison, Virginia Giuffre,
Annie Farmer and others pushed
foward with civil litigation
for sex trafficking against
Ghislaine Maxwell and his
estate.
At the end
of 2021 Maxwell was found
guilty on five of six criminal
courts. Inner City Press book
"Maximum Maxwell," here.
On February 21,
Presidents' Day in the US,
Netflix filed this in Guiffre
v. Dershowitz: "We represent
non-parties in this action,
who are currently being sued
by defendant Alan
Dershowitz in a separate
action, Dershowitz v. Netflix,
et al. (21-cv-21961) (S.D.
Fla. 2021) (the “Florida
Action”). Our clients are
Netflix, Inc., the
subscription streaming
service, and the
journalists and production
company that created a Netflix
documentary series about
Jeffrey Epstein (the
“Netflix Nonparties”).1
Through emails among members
of the New York Bar
Association, we learned of the
Court’s recent order, Dkt. No.
401 (“Order”), which compels
Mr. Dershowitz to
produce discovery that our
clients have produced in the
Florida Action...We
respectfully request this
Court schedule another
hearing for the Netflix
Nonparties to present their
objections before Mr.
Dershowitz turns over
their documents." Full 11 page
submission on Patreon here.
On
February 22 Judge Preska
ordered that it be heard on
February 24: "the Court will
hear from the parties and from
Netflix, which seeks to
intervene in this case (see
dkt. no. 407), on Thursday
February 24 at 10:00 a.m. The
Court will hear from the
parties and from Harvard
regarding the order compelling
Mr. Dershowitz to produce
additional emails from his
Harvard email account (see
dkt. no. 401 at 7; dkt. no.
408) on Thursday February 24
at 11:00 a.m."
But on
February 24, things were put
over for another day so that
the parties could conference.
Past 9 pm on February 24,
Dershowitz filed "During
today’s meet and confer,
counsel for the Netflix
Nonparties, Rachel Strom,
clarified that the
Netflix Nonparties do not
contend that Prof. Dershowitz
is prohibited by the
Netflix protective order
from producing confidential
Netflix discovery materials in
this case.1
Instead, they contend
only that Prof. Dershowitz
violated the Netflix
protective order by not
providing earlier notice
of Plaintiff’s document
requests seeking Netflix
discovery materials. It
is difficult to understand why
the Netflix Nonparties seek to
make an issue about notice."
Full letter on Patreon here.
Inner City
Press live tweeted the
February 25 proceeding, here:
Netflix is
arguing to block Dershowitz
from disclosing information
from "Filthy Rich" series.
Netflix lawyer:
It is true we have waived, in
a limited way, our
journalistic privileges by
providing these documents to
Prof Dershowitz. But the idea
of the privilege is that
interviews won't send up in
the parties hands, it has a
chilling effect.
Netflix
lawyer: It's true that we
state that our series is an
accurate depiction. But we
should be able to look into
litigious parties without fear
that all files will go to
that. That is a real burden,
under Rule 26.
Netflix lawyer:
We'd like Prof Dershowitz to
share with us a list of the
material he intends to
disclose, before we turn it
over to Ms. Giuffre's counsel.
Judge Preska: The documents
are relevant, they are
statements on the claims and
counterclaims in this case.
Judge
Preska: Get everyone to sign
on to the Florida protective
order. Adjourned.
Then on March 4,
Dershowitz complained
that Netflix in seeking
sanctions in Florida got an
order banning him from
disclosing: "We learned last
night that notwithstanding
this Court’s order and the
parties’ cooperation
last week towards complying
with that Order (and
notwithstanding Ms. Strom’s
stated position that the
Netflix protective order did
not prohibit production of
Netflix’s documents in this
case pursuant to a valid
order of this Court), at a
discovery conference held in
the Netflix action
yesterday, the Netflix
Nonparties sought and received
an order prohibiting Prof.
Dershowitz from
producing their documents in
this case pursuant to this
Court’s February 25
Order. The order was
made from the bench, is not
yet reflected on the docket,
and a transcript of the
hearing is not yet available
(although one has been ordered
on an expedited basis). We
thus do not know the
precise language of the Order
or fully appreciate the
context in which it was made."
Full letter here.
On March 23 Judge
Preska convened the parties,
and Inner City Press again
covered it. An agreement was
reached on the information to
be turned over, and deposition
of Virginia Giuffre was
discussed.
The deal was
reached to drop the Florida
action, and to not pursue the
protected material as long as
it was destroyed and
Dershowitz never saw it. Judge
Preska called the deal very
adult. At the end it was said
"there is no privilege as to
the as-broadcast show." Deep.
Watch this site.
On January 4,
civil defendant (and
cross-plaintiff) Alan
Dershowitz sought a pre-motion
conference on his request for
more than 10 depositions,
including of Carolyn who
testified in the Maxwell
trial, and of Epstein's house
manager Juan Alessi.
Dershowitz annexed a sworn
statement Alessi gave in 2015
in Edwards v. Dershowitz.
On January 11,
Giuffre's lawyer opposed the
expanding number of
depositions, saying that Alan
Dershowitz "has already
deposed the Wexners' personal
attorney, John Zeiger, and
Leslie Wexner himself, and
[REDACTED]." Redacted why?
On January 20,
Cooper & Kirk for
plaintiff Giuffe wrote to
Judge Preska to say defendant
Dershowitz' request for
admission are improper:
"Defendant speculates that
Plaintiff should be able to
identify 'Carolyn' from the
details Carolyn provided in
her testimony but this assumes
the accuracy of Carolyn's
testimony." Full letter here.
Carolyn Adriano's interview
supports Giuffre's case
against Prince Andrew;
Dershowitz is citing it for
another purpose. We'll stay on
these cases.
This is in
Giuffre v. Dershowitz,
19-cv-3377 (Preska)
Back
on July 23, 2020 SDNY Judge
Loretta Preska read out ruling
unsealing many documents,
while Maxwell's lawyer asked
for a stay to appeal, citing
Maxwell's imprisonment and
July 2021 trial. Inner City
Press live tweeted it, below.
On
November 16, 2021, Judge
Preska held another proceeding
in Giuffre v. Dershowitz,
right during jury selection
voir dire in US v. Ghislaine
Maxwell as fate would have it,
and Inner City Press live
tweeted it:
now in Giuffre v.
Dershowitz civil case, a 2 pm
proceeding, with lawyers
citing Jeffrey Epstein right
out of the gate. Replying
to
Dershowitz'
lawyer: Ms Giuffre at that
time never mentioned any sex
with Mr. Dershowitz. We intend
to seek the deposition of Mrs.
Wexner...
Judge
Loretta A. Preska: It sounded
to me that Mr. Dershowitz
wanted to take some of these
deposition to show that the
deponent never saw Ms. Giuffre
with him. Correct?
Dershowitz'
lawyer: Some of these are
people she would have told, if
it were true.
Judge
Preska: What about the
household folks, and the pilot
[echo of Bill Richardson,
Inner City Press' Burma / UN
story yesterday, here
]
Wexner's
lawyer: Mr. Dershowitz is
trying to use my client as a
prop, for a made for TV
moment.
Now argument is
made that Dershowitz' theory
is that Giuffre accused him in
order to extort Wexler
The push for
sealing, and decisions to
deny, continue. Inner City
Press tweeted Judge Preska's
July 1, 2021 proceeding, here:
Maxwell has
argued that unsealing of
document just leads to online
coverage. Uh, yeah. Judge
Preska: "It's not the job of
the Court to police press
coverage." Hear, hear. Judge
Preska: "Alan Derschowitz'
name should be unsealed, as
his request."
Judge Preska:
Redact the names of the
non-party Does. 397, unseal as
at 135. 398, paragraph 7 shall
remain sealed as it references
a non-party Doe.
Judge Preska:
This document will remain
sealed because it marshals
evidence in a way that could
be prejudicial to Ms.
Maxwell's rights at trial.
Inner City Press will have
more on this.
Judge
Preska: The following shall
remain sealed: Docket Number
641-2, 655, 656, 656-1, 2, 3,
4, 5, 6, 7, 8 and 9; 700, 701,
701-1, 701-2, 707, 709, 714,
715, 715-1, 715-2, all shall
remain sealed. I ask counsel
to confer and prepare the
others for unsealing.
Judge
Preska: If for example it
said, Doe with purple hair and
three arms, she could be
identified. So it should
remain sealed... We've all
seen things in the public
press. We understand what we
are going. There are Does
we've read about in the
tabloids.
Judge
Preska: Anything else today?
Counsel, nice to see you.
Happy Independence Day.
Adjourned.
This case is
Giuffre v. Maxwell, 15-cv-7433
(Preska)
On February
26, 2021 Giuffre's counsel
Nicole Moss wrote to Judge
Preska complaining of delay by
Dershowitz in producing his
Harvard University email.
Dershowitz, the filing says,
blames this on Harvard seeking
to review all email for
compliance with the Family
Educational Rights and Privacy
Act (FERPA).
On March 25,
Judge Preska held a proceeding
on this, which began on a
delay. Inner City Press waited
and live tweeted it, here:
in Giuffre v.
Dershowitz case, issue is
availability of Harvard U
emails: confidential, further
reviewing them or making
others pay for the review.
Judge
Preska: Why should it be on
plaintiff's head to pay the
costs of Harvard?
A: This is
discover that plaintiff is
seeking from a third party. If
it were up to Professor
Dershowitz he would forego
these emails covered by FERPA.
Judge Preska: Of
course he would.
Dershowitz'
lawyer: Dershowitz has
produced thousands of
documents --
Judge Preska: You
know that's irrelevant.
Dershowitz'
lawyer: It's important
context. And plaintiff says
she only has texts back to Nov
2018. She had a preservation
duty. It's not fair.
Dershowitz's
lawyer: A ruling here that his
emails are not privileged
would have far-reaching
implications. Ms. Giuffre has
an expert, a law professor at
-
Judge Preska: I
know, in Utah -
Dershowitz's
lawyer: So let's get his
emails.
Dershowitz'
lawyer: They framed the
complaint in a way that allows
us to ask for this
information. They accused
Professor Dershowitz of being
a raping, a sex trafficker
with Jeffrey Epstein and
Ghislaine Maxwell. Now they
will reap what they sow [in
discovery]
Then, it was
over.
What was
accomplished? Many of the
fiings are sealed, or
"Selected Parties Only." Watch
this site.
Back on August 17
Judge Preska held a
conference, largely about
protective order and also
possible deposition of Les
Wexner. Inner City Press live
tweeted it:
Judge Preska: I
am well familiar with the
Maxwell case. Isn't the issue
you raise solved by seeking
leave in advance? Given the
problems we've had in Maxwell,
let's avoid extraneous
documents attached to motions.
Judge Preska: Is
there any reason what is
produced in this action should
have to be produced in the
state action?
Christian Kiely
for Dershowitz: We had agreed
to only take one deposition,
not two, for each. But they
made up file a motion to
compel. So, no.
Imran
Ansari (also for Dershowitz) -
we have a New York State
proceeding tomorrow... We
oppose a carte blanche
approach that is unfair to
Professor Dershowitz.
Judge Preska:
What if I consult with the NYS
Justice? Any objection?
No. No.
Judge Preska: Do you have his
number?
Ansari: I'll
email it to your chambers.
Judge Preska: On Mr. Wexner, I
propose that we wait.
A: There is close
to zero % change Mr. Wexner is
going to voluntarily agree to
be deposed.
A:
Professor Dershowitz is
entitled to depose Wexner to
memorialize the denial that
has been put in in a letter an
hour ago. [Inner City Press
tweeted a photographfrom that
letter, here.]
Judge Preska: I
must get to the issue. What
else do you want to talk
about, Counsel?
Nothing from the
defendant.
Judge Preska: I
will look for a protective
order tomorrow. Get on it.
Thanks for being on.
Judge Schofield said she does
not see lumping in the
complaint, and that does not
think that the motion or
motions Ghislaine Maxwell was
suggesting she would make
would be worth the
time.
Maxwell's lawyer
Laura Menninger of Denver's
Haddon, Morgan and Foreman,
P.C. was urged to submitted a
letter or answer in a week's
time. Menninger
pushed forward, saying that
given the case's link to New
Mexico and that Farmer is not
a resident of New York, the
shorter of the statute of
limitation might apply.
Judge
Schofield repeated that the
defendants, also for executors
of Epstein's estate Darren K.
Indyke and Richard D. Khan,
should file in a week's time.
Inner City Press will continue
to follow and report on this
case. It is Farmer v. Indyke,
et al, 19-cv-10475
(Schofield).
***
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