Local Rule 9018-1: MOTIONS TO RESTRICT ACCESS TO COURT RECORDS

RULE 9018-1. MOTIONS TO RESTRICT ACCESS TO COURT RECORDS.

(a) Order Required to Restrict Access to Court Records. Unless otherwise ordered, all official court records are public documents available for inspection physically and electronically. By Court order, a case, proceeding, document, or ex parte motion may be made inaccessible to the public (sometimes referred to as filed "under seal") or otherwise have access restricted.

(b) Case, Proceeding, or Document Other Than Ex Parte Motion or Highly Sensitive Document.

(1) Motion to Restrict Access Filed as Public Record. A party requesting that the Court restrict access to a case, proceeding, or document under §§ 107(b) or (c) and Bankruptcy Rule 9018 shall file the motion requesting such relief, and the motion shall become part of the public record.

(2) Underlying Document Submitted. The movant must contact the Clerk's Office to arrange for submission of the document for the Court's in camera review. See Local Rule 1007-1(g) (definition of "submitted").

(3) Service on United States Trustee. The movant must serve a copy of the motion to restrict access on the United States Trustee via e-mail (to an e-mail address designated by the United States Trustee) or must show cause why the movant should be excused from that requirement. See Local Rule 5005-4(b).

(4) Order; Disposition of Submitted Document. Upon completion of its review of the submitted document, the Court will enter an order granting or denying the motion to restrict access, which the Clerk shall enter in the public record. If granted, the Clerk's Office will maintain the submitted document. See Local Rule 1007-1(g). If denied, the Clerk's Office will return the submitted document to the movant.

(c) Ex Parte Motion.

(1) Motion to Restrict Access and Underlying Ex Parte Motion Submitted. A party seeking ex parte relief (i.e., relief without notice to any other party) must contact the Clerk's Office to arrange for submission of the ex parte motion and a separate motion seeking to restrict access to that ex parte motion, for the Court's in camera review. See Local Rule 1007-1(g) (definition of "submitted").

(2) Service on United States Trustee. The movant must serve a copy of both the motion to restrict access, and the underlying ex parte motion, on the United States Trustee via e-mail (to an e-mail address designated by the United States Trustee) or must show cause why the movant should be excused from that requirement. See Local Rule 5005-4(b).

(3) Order; Disposition of Submitted Motions. Upon completion of its review, the Court will make a final determination on the motion to restrict access and, if granted, on the underlying ex parte motion; the Clerk's Office will notify the movant directly of the Court's determination. If granted, the Clerk's Office will maintain the submitted motions. See Local Rule 1007-1(g). If denied, the Clerk's Office will return the submitted motions to the movant.

(d) Highly Sensitive Document. A document may be deemed highly sensitive if (a) it contains classified information or information that could harm national security or (b) its disclosure could reasonably be expected to cause exceptionally grave damage or injury to any person, entity, or institution. A motion to treat a document as a highly sensitive document shall be treated as an ex parte motion in accordance with paragraph (c) above, except the document must be submitted to the Clerk's Office in a sealed envelope clearly marked as a "Highly Sensitive Document" (and should not be e-mailed).

(e) Contents of Motion to Restrict Access. A motion to restrict access made pursuant to subparagraphs (b)(1) and (c)(1) above must:

(1) specify the legal and factual basis for the request;

(2) specify the date by – or circumstances under – which the requested access restriction may be removed and the case, proceeding, document, or ex parte motion may become part of the public record;

(3) affirm the movant is seeking the narrowest and shortest-term restriction that will achieve the necessary protection; and

(4) attach a proposed order.

(f) Modification or Removal of Restricted Access. Upon expiration of the date and/or circumstances specified in subparagraph (e)(2) above, or at any earlier time for cause, the movant or another party in interest may file a motion, based on a change in circumstances, requesting that restricted access be (1) continued, (2) made permanent, (3) deemed moot and the restricted materials destroyed, (4) removed and the restricted materials made part of the public record, or (5) otherwise modified. The movant shall set forth the legal and factual basis for the request. The Court may also sua sponte set a status conference on whether modification or removal of restrictions is appropriate.