Local Rule LR5.2: Sealing of Information Filed with the Court.

LR5.2. Sealing of Information Filed with the Court.

(a) Any party may move to file under seal any pleading, declaration, affidavit, document, picture, exhibit, or other matter if it contains confidential, classified, restricted, or graphic information or images.

(b) No pleading, declaration, affidavit, document, picture, exhibit, or other matter may be filed under seal without leave of court upon motion unless: (1) the case is sealed; or (2) filing under seal is otherwise required by state or federal law or an order already entered in the case. A stipulation or blanket protective order that allows a party to designate matters to be filed under seal will not suffice to allow the filing of the matter under seal.

(c) A motion to file under seal must: be filed in the public record of the case; set forth the factual basis for sealing the document or matter without disclosing confidential information; specify the applicable standard for sealing the information and discuss how that standard has been met; and either state that a redacted version of the document or matter will be filed in the public record concurrent with the motion to seal or state why it is not feasible to file a redacted version of the document or matter in the public record.

(1) Unless the court orders otherwise, the movant shall submit a copy of the proposed sealed filing with a copy of the motion.

(2) Concurrently with the filing of the motion and the submission of the sealed matter, the movant must submit a proposed form of order. The proposed order must also be emailed to the relevant chambers. A list of chambers' email addresses is available on the court's website.

(3) Copies of the motion, the sealed matter, and proposed order shall be appropriately served, and two (2) Mandatory Chambers Copies (see LR10.3) of each shall be delivered to the judge. Service and Mandatory Chambers Copies of the sealed filing must be in sealed envelopes with a copy of the title page attached to the front of each envelope and a prominent legend indicating that the envelope contains a proposed sealed filing.

No later than seven (7) days after the filing of a motion to seal, any person may oppose the motion. If the court denies the motion, the movant shall inform the court within four (4) days whether it wants to withdraw the document or have it filed publicly. If the court does not receive such notification within four (4) days, the document will be returned to the movant.

The movant shall, within four (4) days of an order, file a version of the document consistent with the order.

(d) If a party wishes to file in the public record a pleading, declaration, affidavit, document, picture, exhibit, or other matter that has been designated as confidential by another party pursuant to a protective order, or if a party wishes to refer in a memorandum or other filing to information so designated by another party, that party must move to file the matter publicly or obtain an appropriate stipulation. The movant shall file and serve a copy of the pleading, declaration, affidavit, document, picture, exhibit, or other matter and submit a proposed form of order in the same manner as provided in LR5.2(c)(1)-(3). Within seven (7) days after the motion to file a matter publicly is filed, any party may oppose the motion and seek to have all or part of the matter sealed. The matter may not be publicly filed until the court issues an order.

(e) If the court determines at any time that any pleading, declaration, affidavit, document, picture, exhibit, or other matter has been improperly sealed or no longer needs to be sealed, the court may order its unsealing or take other appropriate action, including issuing sanctions against the party or the party's attorney responsible for the sealing.

(f) Counsel and parties at any hearing that involves sealed material shall argue, to the extent practicable, the merits and the underlying facts of the motion or matter without specifically discussing the sealed material in order to allow public access to court proceedings to the fullest extent possible.

(g) Mandatory Chambers Copies (see LR10.3) of sealed documents will be disposed of at the judge's discretion. In the ordinary course, the court will recycle, not shred, the copies, unless a party arranges to retrieve the copies.