Local Rule Rule 5.2: Filing Materials Under Seal

Rule 5.2 Filing Materials Under Seal Materials may be filed under seal only on order of the Court, in accordance with the following procedures:

(a) Motion to Seal To obtain an order allowing materials to be sealed, a party must electronically file a motion to seal, in accordance with Local Rule 7, together with the materials sought to be sealed. The motion must state the grounds as to the need for sealing, the duration the materials should be sealed, and whether the parties agree that the materials should be sealed. The ECF system will generate and send a Notice of Electronic Filing to the parties of record notifying them of the filing, but the parties will be unable to view the document. If service is required, all parties must be served in a manner other than through ECF.

(b) Response and Reply Any response or reply to a motion to seal or motion filed under seal must be filed electronically under seal and in accordance with Local Rule 7.

(c) Order In making specific findings as to the need for sealing and the duration the materials will be sealed, the Court may incorporate by reference any proposed findings in the motion to seal. If the Court denies the motion to seal, the motion to seal and any supporting documents will remain in the ECF system, sealed unless the Court orders otherwise. The Court's order on the motion to seal will not be filed under seal and will be publicly available.

(d) Public Notice Materials, documents, and pleadings filed under this rule will only be available to the Court, but the docket entries reflecting their filing will be publicly available.

(e) Exceptions

(1) Redaction of Personal Identifiers. No motion or order is required for the filing of a document that has been redacted solely to remove personal identifiers under Federal Rule of Civil Procedure 5.2 or that is included within a category of pleadings and documents deemed sealed or authorized to be filed ex parte under a federal statute or rule. Any filing of a redacted document should reference the authority for such redaction.

(2) Confidentiality Orders. Documents marked confidential under an existing confidentiality order are not automatically entitled to be filed under seal. The parties must confer and attempt to redact the exhibit in order to remove confidential material that is not essential for the Court's use in rendering a decision. If the exhibit cannot be redacted by agreement to remove confidential information, the party claiming that the document should be under seal must file a motion in compliance with subsection (a).

(3) Materials that Cannot Be Filed Electronically. Sealed materials that cannot be filed electronically, such as video and audio files or bulky exhibits, must be filed in accordance with the provisions of the ECF User Manual.

(f) Motions for Highly Sensitive Document Status Motions seeking to designate a document as a highly sensitive document must be made in accordance with Local Rule 5.3.