Local Rule Local Civil Rule 5: Requests to File Documents Under Seal and the Handling of Documents Under Seal

LOCAL CIVIL RULE 5

REQUESTS TO FILE DOCUMENTS UNDER SEAL AND THE HANDLING OF DOCUMENTS UNDER SEAL

(A) Unless otherwise provided by law, Court rule, or prior order of the Court, no document or portion of a document may be filed under seal unless the filer has complied with the procedures set forth herein.

(B) As Provided by Law: A party filing a document or a portion of a document under seal pursuant to a governing statute, rule, or order shall note on the face of the document that it or a portion of it is being filed under seal pursuant to a statute, rule, or order. Other than in cases filed under seal pursuant to the False Claims Act, 31 U.S.C. § 3730(b), at the time of the filing, the filer shall also file a notice available to the public stating that a filing has been made under seal and identifying the statute, rule, or order authorizing the filing under seal and describing what information is being filed under seal. If the Court determines that the cited statute, rule, or order does not provide for the filing under seal, the Court may order that the document or a portion of it be filed in the public record.

(C) Motions to File Under Seal: Motions to file documents under seal are disfavored and discouraged. Agreement of the parties that a document or other material should be filed under seal or the designation of a document or other material as confidential during discovery is not, by itself, sufficient justification for allowing a document or other material to be filed under seal. Anyone seeking to file a document or other material under seal must make a good faith effort to redact or seal only as much as necessary to protect legitimate interests. Blanket sealing of entire briefs, documents, or other papers is rarely appropriate.

A document or a portion of a document not covered by section (B) may be filed under seal only if a motion to file under seal pursuant to this section is filed contemporaneously with the material for which sealing is requested. Failure to file a timely motion to seal may result in the document being placed in the public record. The document or portion of a document that is the subject of a motion to seal and any confidential memorandum submitted therewith will be treated as sealed pending a determination by the Court on the motion to seal. Where sealing is sought for less than an entire document or filing, an unsealed, redacted version of the document or filing shall be filed in the public record.

Failure to file a timely motion to seal may result in the document being placed in the public record.

The motion to file under seal shall be accompanied by a non-confidential supporting memorandum, a separate non-confidential notice that specifically identifies the motion as a sealing motion, and a nonconfidential proposed order. The proposed order shall recite the findings required by governing case law to support the proposed sealing. The non-confidential memorandum shall include:

(1) A non-confidential description of what material has been filed under seal;

(2) A statement why sealing is necessary, and why another procedure will not suffice, as well as appropriate evidentiary support for the sealing request;

(3) References to the governing case law, an analysis of the appropriate standard to be applied for that specific filing, and a description of how that standard has been satisfied;

(4) Unless permanent sealing is sought, a statement as to the period of time the party seeks to have the matter maintained under seal and how the matter is to be handled upon unsealing.

A confidential memorandum may also be submitted.

When a party moves to file material under seal because another party has designated that material as confidential, the party designating the material as confidential must file a response to the motion complying with requirements (2), (3), and (4) above along with a proposed order.

The notice shall be identified as a notice of filing a motion to seal and it shall inform the parties and non-parties that they may submit memoranda in support of or in opposition to the motion within seven (7) days after the filing of the motion to seal, and that they may designate all or part of such memoranda as confidential. Any information designated as confidential in a supporting or opposing memorandum will be treated as sealed pending a determination by the Court on the motion to seal. The notice shall also state that any person objecting to the motion must file an objection with the Clerk within seven (7) days after the filing of the motion to seal and that if no objection is filed in a timely manner, the Court may treat the motion as uncontested.

After the seven (7) day time period for filing a response or any objection to the motion to seal and any further briefing ordered by the Court, the Court will determine whether the material should remain under seal. The Court may require the filer or the person designating material as confidential to present further argument why certain material should remain under seal. If the Court determines that the appropriate standards for filing material under seal have not been satisfied, it may order that the material be filed in the public record.

(D) Whenever a party files a document under seal, the filer must deliver a paper copy of all pleadings and documents relating to the motion to seal to the presiding District Judge or Magistrate Judge for review. When the proceedings are concluded, the Court will either destroy the paper copies containing the confidential material or direct counsel to retrieve them.

(E) Any document that is delivered to the Clerk's Office or to a judge's chambers that contains information that is the subject of an existing sealing order or is the subject of a motion to seal, shall be securely sealed with the container clearly labeled "UNDER SEAL." The case number, case caption, a reference to any statute, rule, order, or motion relating to the filing, the corresponding ECF docket number of the sealed material, and a non-confidential descriptive title of the document shall also be noted on the container.

(F) A motion to have an entire case kept under seal shall be subject to the requirements and procedures of sections (B) or (C), as applicable.

(G) Nothing in this Local Civil Rule limits the ability of the parties, by agreement, to restrict access to documents which are not filed with the Court.

(H) Trial exhibits, including documents previously filed under seal, and trial transcripts will not be filed under seal except upon a showing of necessity demonstrated to the trial judge.