Local Rule 9018-1: Filing Under Seal

LOCAL RULE 9018-1 Filing Under Seal

(a) Motions to File a Document under Seal - Non-Highly Sensitive Documents. For documents which are not Highly Sensitive Documents (as defined in ¶ (b)), motions to file a document under seal and the document to be placed under seal may be filed through the Court's e-filing system or over the counter. If the motion is granted, the Court will seal only an entire document; it will not seal parts of a document.

Motions to redact information already on the Court's docket or claims register, such as social security numbers, the names of minor children or financial account numbers must comply with the redaction procedures in Local Rule 9037-1.

(b) Highly Sensitive Documents (HSD Definition). A document or other material that contains sensitive, but unclassified, information that warrants exceptional handling and storage procedures to prevent significant consequences that could result if such information were obtained or disclosed in an unauthorized manner. Although frequently related to law enforcement materials, especially sensitive information in a bankruptcy case could also qualify for HSD treatment.

Examples of HSD's: Examples include ex parte sealed filings relating to: national security investigations, cyber investigations, and especially sensitive public corruption investigations; and documents containing a highly exploitable trade secret, financial information, or computer source code belonging to a private entity, the disclosure of which could have significant national or international repercussions.

Exclusions: Most materials currently filed under seal do not meet the definition of an HSD and do not merit the heightened protections afforded to HSD's. The form and nature of the document, by itself, does not determine whether HSD treatment is warranted. Instead, the focus is on the severity of the consequences for the parties or the public should the document be accessed without authorization.

Classified Documents. The sealing of classified documents shall be requested and sealed as provided in applicable statutes and procedures for such classified document.

(c) What to File.

1) A Motion to Seal Documents. A motion to seal documents shall explain the grounds for sealing, as set forth in Fed. R. Bankr. P. 9018. Care should be given not to disclose information that the motion seeks to seal. A request for HSD designation must be accompanied by a certification of the movant's good-faith belief that the material meets the HSD definition. The requesting party must articulate why HSD treatment is warranted, including, as appropriate: the contents of the document; the nature of the investigation or litigation; the potential consequences to the parties, the public, or national interests, if the information contained in the documents is accessed or disseminated without authorization.

2) A Proposed Order. The proposed order shall direct the clerk to place the document under seal. Care should be given when writing the order not to disclose information in the document to be sealed. Pro se filers need not submit an order. The proposed order for HSD designation must state the identity of the persons who are to have access to the documents without further order of the court; and set forth instructions for duration of HSD treatment. HSD's will be migrated to sealed documents to the court's electronic docketing system and unsealed, as appropriate, as soon as the situation allows.

3) Documents to be Sealed. A proposed sealed document must not be filed at the same time as the motion to seal it. Rather, it should be filed after the judge in the case has signed and entered on the docket an order sealing the document.

(d) How to File.

1) Non-HSDs. For all documents that do not meet the definition for HSDs stated in ¶ (b) above, A) E-Filing. E-Filers shall use the Sealed Documents link located in the Court's e-filing system to submit the motion, proposed order and, once the judge has signed the order, the proposed sealed document. Care should be given to follow the instructions in our Sealed Documents link to avoid placing sensitive information on the docket.

B) Paper Filing. With the exception of pro se filers, all motions and orders to seal documents must be filed electronically. However, the proposed document to be sealed may be filed in paper with the clerk in Fresno or Sacramento. All filers must file a motion to seal and a proposed order (pro se filers need not submit an order) before submitting the document to be sealed. Once a judge has signed the order sealing the document, the filer must then submit a copy of the document to be sealed to the clerk's office in a sealed envelope, marked, "DOCUMENTS TO BE KEPT UNDER SEAL," with the case number and name of the filing party written on the envelope.

2) Highly Sensitive Documents. For documents requested to be filed as HSDs as defined in ¶ (b) above, A) Paper Filing. For all HSDs for which filing under seal is requested, all motions and supporting pleadings to establish that the document is a HSD shall be filed in paper with the clerk in Fresno or Sacramento. All filers must file a motion to seal and a proposed order (pro se filers need not submit an order) before submitting the document to be sealed. The HSD requested to be filed under seal shall not be transmitted to the Clerk of the Court until after the court enters the order on the motion. The motion and supporting pleading shall bear the following banner on the first page of the pleading located under the caption to the pleading: REQUEST TO FILE HSD UNDER SEAL (all capital letters and bold font).

The clerk shall stamp the motion and supporting pleadings as filed, transmit the paper filed motion and supporting pleadings to the Clerk of the Court to be physically filed in the Clerk's HSD secure filing system, and copies to the judge assigned the case or adversary proceeding to which the motion relates. The clerk shall enter a docket entry "Motion to File HSD Under Seal and Supporting Pleadings," and not place electronic versions of the motion and supporting documents on the CM/ECF filing system.

B) Order on Motion to Seal as HSD. The order either granting or denying the motion shall be transmitted to the attorney or pro se party requesting the HSD sealing of documents by U.S. Mail, First Class Postage, and to the Clerk of the Court to be physically filed in the Clerk's HSD Secure Filing System.

(i) Denial of Motion. If the motion to file a HSD is denied, the document(s) shall not be filed with the court and disposed of as provided in ¶ e) below. The clerk shall enter a docket entry "Motion to File HSD Under Seal Denied and Document Not Filed With the Court."

(ii) Granting of Motion. If the motion to file a HSD is granted, the filer must then submit a copy of the order granting HSD designation and the HSD to be sealed to the clerk's office in a sealed envelope, marked "HSD DOCUMENTS TO BE KEPT UNDER SEAL," with the case number, name of the filing party, and the statement "PHYSICAL FILING WITH CLERK" written on the envelope.

(e) Disposition of Sealed Documents. If the Court grants the motion, the document will be kept under seal until the judge orders otherwise. If the Court denies the motion, filers will not be permitted to file the document as a sealed document. Any paper copy of a proposed document to be sealed submitted to the Court will be destroyed.

(f) Storage of Sealed Documents 1) Documents, other than HSDs, Filed Under Seal. Documents permitted to be filed on paper will be scanned, entered into the Court's e-filing system, and then promptly destroyed unless filed with a self-addressed stamped envelope for return to the filer after entry.

2) HSDs Filed Under Seal. Documents ordered to be filed as a Highly Sensitive Document (as defined in ¶ (b) shall be physically filed by the Clerk of the Court and not filed electronically on the CM/ECF filing system, until the judge orders otherwise. The Clerk's docket entry for HSD's should not include personal or other identifying details related to or contained within them.