Case 1:15-cv-07433-LAP Document 1005 Filed 11/12/19 Page 1 of 6 Haddon, Pc Ty Gee and I50 East I Oth Avenue HADDON % N N Denver, Colorado 80203 PH 303.831.7344 PC 303.832.2628 ve.vw.hmtiow.com [email protected] November 12, 2019 Honorable Loretta A. Preska United States District Court Southern District of New York 500 Pearl Street New York, NY 10007 Re: October 28, 2019 Order (Doc.998) Ghislaine Maxwell, No. 15 Civ. 7433 (LAP) Dear Judge Preska: Paragraphs 4-5 of the October 28 Order provide that the proponents of sealing shall submit a letter "informing the Court of their views of the effect of a motion's being undecided on whether the motion papers are or are not a judicial document." On behalf of defendant Ghislaine Maxwell, we submit that undecided motions are non-judicial documents for the reasons provided in Doc.991, at 7 n.4, and Doc.990, at 2-4. In defining "judicial records and documents," the Second Circuit "ha[s] emphasized that `the merefiling of a paper or document with the court is insufficient to render that paper a judicial document subject to the right of public access." v. Maxwell, 929 F.3d 41, 49 (2d Cir. 2019) (emphasis supplied; footnote omitted; quoting United States v. Amodeo, 44 F.3d 141,145 (2d Cir. 1995) ("Amodeo P')). AmodeoI, the inception of the Second Circuit's principle that a file stamp is not a judicial-document talisman, is instructive. There an appointed Court Officer tasked with an investigation for the District Court for the Southern EFTA02781416