DOJ-OGR-00002363.pdf

--- Page 1 --- The image displays a page from a legal document, specifically a court filing. The page is white with black text and features a header at the top with the following information: * Case number: 1:20-cr-00330-AJN * Document number: 134 * Filed date: 02/04/21 * Page number: 16 of 23 Below the header, the page contains the following text: **ARGUMENT** A. Pursuant To Its Inherent Power, This Court Should Suppress The Evidence Obtained From [illegible] And Dismiss Counts Five And Six, Which Are The Fruits Of That Evidence 1. The role of protective orders in civil litigation. Protective orders serve a "vital function" in civil litigation. Martindell v. Int'l Tel. & Tel. Corp., 594 F.2d 291, 295 (2d Cir. 1979). They promote "the 'secure the just, speedy, and inexpensive determination' of civil disputes, by encouraging full disclosure of all evidence." Id. (quoting Fed. R. Civ. P. 1). "If protective orders were easily modified ... parties would be less forthcoming in giving testimony and less willing to settle their disputes." S.E.C. v. TheStreet.Com, 273 F.3d 222, 230 (2d Cir. 2001). In particular, as here, "witnesses might be expected frequently to refuse to testify pursuant to protective orders if their testimony were to be made available to the Government for criminal investigatory purposes in disregard of those orders." Martindell, 594 F.2d at 295–96. Parties thus rely on protective orders, and courts strictly enforce them. See, e.g., Stewart v. Hudson Hall LLC, 20 Civ. 885 (SLC), 2020 WL 7239676, at *2 (S.D.N.Y. Dec. 9, 2020) ("In the Second Circuit, there is a strict standard for modification of a protective order entered by a district court." (citation and quotation marks omitted)). This case illustrates just how crucial a protective order is. The Maxwell depositions sought highly intrusive evidence of the most personal aspects of Maxwell's life. Her sexual practices. Her sexual preferences. Her sexual partners. In urging the district court to permit these extraordinary intrusions—in what should have been a simple defamation case— The page number "11" is visible at the bottom center of the page, indicating that this is the eleventh page of the document. The text is written in a formal, legal style, with citations and references to court cases and laws. The image appears to be a scanned copy of the original document, with some minor distortions and artifacts visible. Overall, the image suggests that the document is a legal filing related to a civil lawsuit, possibly involving issues of privacy and defamation.