DOJ-OGR-00019450.jpg
710 KB
Extraction Summary
2
People
5
Organizations
1
Locations
2
Events
2
Relationships
3
Quotes
Document Information
Type:
Legal court order / judicial opinion
File Size:
710 KB
Summary
This document is page 6 of a court order (likely from the Southern District of New York) dated July 31, 2020. The court is analyzing Ghislaine Maxwell's request to stay a civil case due to her pending criminal indictment. The judge finds that there is significant factual overlap between the civil and criminal matters, which weighs in favor of granting the stay to protect her Fifth Amendment rights.
People (2)
| Name | Role | Context |
|---|---|---|
| Ghislaine Maxwell | Defendant |
Subject of the legal order; applying for a stay of civil action due to pending criminal case. Referred to as 'Maxell'...
|
| Louis Vuitton Malletier | Legal Precedent |
Cited in case law regarding the burden of establishing need for a stay.
|
Organizations (5)
| Name | Type | Context |
|---|---|---|
| Department of Justice (DOJ) |
Indicated by the Bates stamp 'DOJ-OGR-00019450'.
|
|
| Plumbers and Pipefitters Nat. Pension Fund |
Cited case law entity.
|
|
| Volmar Distributors |
Cited case law entity.
|
|
| Worldcom |
Cited case law entity (In re Worldcom).
|
|
| New York City Police Dep’t |
Cited case law entity (Johnson v. ...).
|
Timeline (2 events)
2020-07-31
Court finding regarding the overlap between civil and criminal cases.
Federal Court (likely SDNY)
Ghislaine Maxwell
The Court
Locations (1)
| Location | Context |
|---|---|
|
Mentioned in legal citation (Johnson v. NYPD) and is the likely jurisdiction for the Maxwell case.
|
Relationships (2)
Text references 'pending criminal case' involving Maxwell.
Maxwell is the defendant in the civil action seeking a stay.
Key Quotes (3)
"The strongest case for granting a stay is where a party under criminal indictment is required to defend a civil proceeding involving the same matter."Source
DOJ-OGR-00019450.jpg
Quote #1
"In this instance... the relevant factors support Maxell’s application for a stay."Source
DOJ-OGR-00019450.jpg
Quote #2
"As a threshold matter, this Court finds that, in this instance, there is significant factual overlap between this civil case and the pending criminal case."Source
DOJ-OGR-00019450.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,998 characters)
Case 1:20-cv-04184-DGL Document 60 Filed 07/31/20 Page 6 of 13
Plumbers and Pipefitters Nat. Pension Fund, 886 F. Supp. at 1139. The party seeking the stay
“bears the burden of establishing its need,” Louis Vuitton Malletier, 676 F.3d at 97 (internal
quotation marks and citation omitted), and this burden may be met where, on balance, the
relevant factors suggest that proceeding with the civil action will likely result in undue prejudice
to the defendant, see id. (noting that “absent a showing of undue prejudice . . . there is no reason
why [a] plaintiff should be delayed in its efforts to diligently proceed to sustain its claim”
(internal quotation marks, alteration, and citation omitted)).
“bears the burden of establishing its need,” Louis Vuitton Malletier, 676 F.3d at 97 (internal
quotation marks and citation omitted), and this burden may be met where, on balance, the
relevant factors suggest that proceeding with the civil action will likely result in undue prejudice
to the defendant, see id. (noting that “absent a showing of undue prejudice . . . there is no reason
why [a] plaintiff should be delayed in its efforts to diligently proceed to sustain its claim”
(internal quotation marks, alteration, and citation omitted)).
B. The Relevant Factors Weigh in Favor of Granting a Stay of This Action.
In this instance, as discussed below, the relevant factors support Maxell’s application for
a stay.
a stay.
1. Overlap Between the Civil and Criminal Cases
“The strongest case for granting a stay is where a party under criminal indictment is
required to defend a civil proceeding involving the same matter.” Volmar Distributors, 152
F.R.D. at 39 (emphasis added) (citations omitted); accord In re Worldcom, 2002 WL 31729501,
at *5. Denying a stay where there is significant factual overlap between the civil and criminal
cases may “undermine a defendant’s Fifth Amendment privilege against self-incrimination . . .
expand the rights of criminal discovery beyond the limits of Rule 16(b) of the Federal Rules of
Criminal Procedure, expose the basis of the defense to the prosecution in advance of trial, or
otherwise prejudice the case.” Volmar Distributors, 152 F.R.D. at 39 (citations omitted); see also
Johnson v. New York City Police Dep’t, No. 01cv6570 (RCC) (JCF), 2003 WL 21664882, at *2
(S.D.N.Y. July 16, 2003).
required to defend a civil proceeding involving the same matter.” Volmar Distributors, 152
F.R.D. at 39 (emphasis added) (citations omitted); accord In re Worldcom, 2002 WL 31729501,
at *5. Denying a stay where there is significant factual overlap between the civil and criminal
cases may “undermine a defendant’s Fifth Amendment privilege against self-incrimination . . .
expand the rights of criminal discovery beyond the limits of Rule 16(b) of the Federal Rules of
Criminal Procedure, expose the basis of the defense to the prosecution in advance of trial, or
otherwise prejudice the case.” Volmar Distributors, 152 F.R.D. at 39 (citations omitted); see also
Johnson v. New York City Police Dep’t, No. 01cv6570 (RCC) (JCF), 2003 WL 21664882, at *2
(S.D.N.Y. July 16, 2003).
As a threshold matter, this Court finds that, in this instance, there is significant factual
overlap between this civil case and the pending criminal case. For example, as Maxwell points
overlap between this civil case and the pending criminal case. For example, as Maxwell points
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DOJ-OGR-00019450
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