Local Rule L.R. 79-5.2.2: Under-Seal Documents in Non-Sealed Civil Cases

L.R. 79-5.2.2 Under-Seal Documents in Non-Sealed Civil Cases. In a non-sealed civil case, no document may be filed under seal without prior approval by the Court. A person seeking to file documents under seal must follow the procedures set forth below in subsection (a), unless someone else has designated these documents as confidential pursuant to a protective order, in which event those involved must follow the procedures set forth in subsection (b). Once the Court has granted leave to file under seal, documents to be filed under seal must be filed in accordance with subsection (c).

(a) Documents Not Designated by Another as Confidential Pursuant to a Protective Order. A person seeking leave of Court to file some or all of a document under seal (the "Filing Party") must file an Application for Leave to File Under Seal ("Application"). When possible, the Filing Party should file the Application in time to receive a determination before filing the motion or other paper that the proposed sealed document is intended to support. The Application will be open to public inspection. It must, however, describe the nature of the information that the Filing Party asserts should be closed to public inspection, and must be accompanied by:

(i) A declaration (1) establishing good cause or demonstrating compelling reasons why the strong presumption of public access in civil cases should be overcome, with citations to the applicable legal standard, and (2) informing the Court whether anyone opposes the Application. That the information may have been designated confidential pursuant to a protective order is not sufficient justification for filing under seal; a person seeking to file such documents under seal must comply with L.R. 79-5.2.2(b).

(ii) A proposed order, narrowly tailored to seal only the sealable material, and listing in table form each document or portion thereof to be filed under seal.

(iii) A redacted version of any document(s) of which only a portion is proposed to be filed under seal, conspicuously labeled "REDACTED VERSION OF DOCUMENT PROPOSED TO BE FILED UNDER SEAL."

(iv) An unredacted version of the document(s) proposed to be filed under seal, conspicuously labeled "UNREDACTED VERSION OF DOCUMENT PROPOSED TO BE FILED UNDER SEAL," with any proposed redactions highlighted.

The declaration and the unredacted version of any document proposed for sealing will be closed to public inspection, but the redacted versions of those documents, the proposed order, and the docket entry text will be publicly viewable.

The Filing Party must provide a mandatory chambers copy of the Application and all associated documents as required by L.R. 5-4.5. The declaration and unredacted versions of documents for which sealing is sought must be provided in sealed envelopes, with a copy of the title page attached to the front of each envelope. The proposed order must be emailed to chambers as required by L.R. 5-4.4.2.

If the Application is granted, the Filing Party must thereafter file the sealed document pursuant to L.R. 79-5.2.2(c). The Clerk will not convert the PROPOSED sealed document submitted with the Application into a new filing.

If the Application is denied in its entirety, the document(s) proposed to be filed under seal will not be considered by the Court in connection with any pending motion, unless the Filing Party files an unredacted version of the document(s) within 3 days after the Application is denied.

If the Application is denied in part, the document(s) proposed to be filed under seal will not be considered by the Court in connection with any pending motion unless the Filing Party files a revised redacted version of the document(s) that comports with the Court's order within 3 days after the Application is denied.

(b) Documents Designated by Another as Confidential Pursuant to a Protective Order. At least 3 days before seeking to file under seal a document containing information previously designated as confidential by another pursuant to a protective order, the Filing Party must confer with the person that designated the material confidential (the "Designating Party") in an attempt to eliminate or minimize the need for filing under seal by means of redaction. If the document cannot be suitably redacted by agreement, the Filing Party may file an Application pursuant to subsection (a), but the supporting declaration must identify the material previously designated as confidential, as well as the Designating Party, and must describe in detail the efforts made to resolve the issue. The declaration must be served on the Designating Party on the same day it is filed, and proof of this service must be filed with the declaration. Subsequently:

(i) Within 4 days of the filing of the Application, the Designating Party must file a declaration establishing that all or part of the designated material is sealable, by showing good cause or demonstrating compelling reasons why the strong presumption of public access in civil cases should be overcome, with citations to the applicable legal standard. If the Designating Party maintains that only part of the designated material is sealable, the Designating Party must file with its declaration a copy of the relevant material with proposed redactions highlighted. The declaration and, if applicable, the document highlighting proposed redactions will be closed to public inspection. Failure to file a declaration or other required document may be deemed sufficient grounds for denying the Application.

(ii) If the Application is denied, the Filing Party may file the document in the public case file (i.e., unsealed) no earlier than 4 days, and no later than 10 days, after the Application is denied, unless the Court orders otherwise.

(c) After Leave of Court Has Been Granted. Once the Court has granted leave to file a document under seal, the Filing Party must thereafter file the document with whatever motion or other document the under-seal filing is intended to support. The Clerk will not convert the PROPOSED sealed document submitted with the Application into a new filing. The caption of the under-seal document must clearly indicate the authority for filing the document under seal by including, immediately under the title of the document: "FILED UNDER SEAL PURSUANT TO ORDER OF THE COURT DATED ____"; if filed electronically, the under-seal document must also be linked, during the filing process, to the order authorizing its filing. Any document filed pursuant to this L.R. 79-5.2.2(c) that misstates the basis for filing under seal may be subject to public disclosure, and may subject the filer to sanctions.