Central District of California Sealing & Redaction Procedures

Application, proposed order, redacted documents, and docket entry are public; declaration and sealed documents are not.

Source text: The Application, the proposed order, any redacted documents, and the text of the docket entry itself will be visible to the public, so be sure to draft them accordingly. The declaration and the document(s) proposed to be filed under seal will not be publicly viewable.

Sealed documents are not accessible via NEF; filing party must serve them separately with certificate of service.

Source text: Documents electronically filed under seal will not be accessible through the Notice of Electronic Filing ("NEF"). The filing party is therefore responsible for serving all sealed documents and attachments on opposing counsel by other means. A certificate of service must be included with every sealed filing and a copy of the NEF should be served with the sealed

Chambers copies of sealed documents must be in sealed envelopes with title page attached.

Source text: A Word Perfect or Microsoft Word version of the proposed order must be emailed to chambers as required by L.R. 5-4.4.2, and mandatory chambers copies of e-filed sealed documents must be provided to chambers pursuant to L.R. 5-4.5, just as with any e-filed documents. However, mandatory chambers copies must be provided in sealed envelopes, with a copy of the title page attached to the front of each envelope. L.R. 79-5.2.2(a).

Paper filing of sealed documents requires sealed envelopes with title page and PDF on CD.

Source text: If you cannot file a sealed document electronically due to a technical failure of CM/ECF, you must file it in paper pursuant to L.R. 5-4.6.2. The original and the judge’s copy of all such documents must be submitted for filing in separate sealed envelopes, with a copy of the title page attached to the front of each envelope. An additional copy must be provided in PDF format on a CD. L.R. 79-5.2.

Application, proposed order, and redacted documents are publicly viewable; declaration and unredacted documents are sealed.

Source text: The rule specifies that the Application, the proposed order, and the redacted documents will be publicly viewable, while the declaration and the unredacted documents will not.

File Application, proposed order, and redacted documents as non-sealed event; file declaration and unredacted documents as sealed event.

Source text: Accordingly, you must file the Application, the proposed order, and any redacted documents using one, non-sealed, event ("Leave to File Under Seal"), and the declaration and unredacted documents using another, sealed event ("Sealed Declaration in Support").

Serve sealed documents by printing NEF and delivering sealed declaration and unredacted document to opposing counsel.

Source text: Print the NEF and serve it, the sealed declaration, and the unredacted document on opposing counsel.

Court order required to authorize filing of any sealed document; Application for Leave to File Under Seal must be filed first if no order exists.

Source text: Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Document upload screen must turn red to confirm sealed filing; if not red, restart the filing process.

Source text: If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Document again.

Sealed document must be linked to an Order granting leave to file under seal; optional linking to other case documents.

Source text: The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal. First, however, you will be presented with the option to link this Sealed Document to another document previously filed in the case. For instance, if the Sealed Document being filed is an exhibit to a summary judgment motion, check the box indicating that the document should be linked to another document in the case. If the Sealed Document does not need to be linked to another document, leave the box unchecked, and click “Next” to bypass the linking screen.

Sealed documents must be linked to an existing order granting leave to file under seal.

Source text: You must next link your Sealed Document to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.”

Sealed documents are restricted from viewing and not accessible through the Notice of Electronic Filing (NEF).

Source text: Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing.

Sealed documents must be served by printing NEF and serving both NEF and sealed document on opposing counsel.

Source text: Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Sealed documents must be served by other means; print and serve NEF with sealed document.

Source text: Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Sealed documents must be served by other means; print and serve NEF with sealed document.

Source text: Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Application for Leave for In Camera Review is publicly visible; confidential documents must be delivered to chambers if granted.

Source text: Remember that this event is NOT restricted. Your Application for Leave for In Camera Review will be publicly visible, so do not include confidential information, and do not attach the documents you wish the Court to review in camera. If your Application is granted, you will be responsible for delivering copies of the documents directly to the judge’s chambers, in accordance with the judge’s procedures.

Protective orders must be submitted to Magistrate Judge and cannot allow sealing without further Court order.

Source text: Proposed protective orders pertaining to discovery must be submitted to the assigned Magistrate Judge. Protective orders must not purport to allow any matters to be filed under seal in connection with dispositive motions (including a class certification motion) or trial without further Court order.

Must comply with Local Rule 79-5 and meet and confer before filing application to seal.

Source text: Parties must comply with all sections of Local Rule 79-5. The parties must also meet and confer before filing an application to seal.

Must identify factual/legal justification for 'good cause' or 'compelling reasons' to file under seal.

Source text: For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification that establishes 'good cause' or 'compelling reasons' for the matter should be protected.

Sealing requires showing good cause for non-dispositive motions and compelling reasons for dispositive motions.

Source text: There is a strong presumption that the public has a right of access to records in civil cases. For non-dispositive motions, the party seeking to maintain the confidentiality of the document(s) or portions thereof must show good cause. For dispositive motions, the party seeking protection must articulate compelling reasons for maintaining the confidentiality of the document(s) and must seek relief that is narrowly tailored to the protected interest.

Documents must be filed with redactions unless redaction is not feasible; redactions must be highlighted in sealed version.

Source text: No document will be filed under seal in its entirety unless it is shown in the application that it is not feasible to file a redacted version for public viewing. Any proposed redactions must be highlighted in the under seal version of the document so that the Court may readily determine what information the party or parties seek to maintain as confidential.

Written application and prior court approval required for filing documents under seal.

Source text: In accordance with Local Rule 79-5.1, absent authorization by rule or statute, no case or document(s) may be filed under seal without written application to, and prior approval by, the Court.

Protective Orders or Confidentiality Orders do not authorize sealing; applications based solely on them will be denied.

Source text: The existence of a Protective Order, a Stipulated Confidentiality Order, or the like, issued by the assigned Magistrate Judge relating to the treatment of documents produced during discovery, does not constitute a court Order permitting an under seal filing. An application to seal that is based solely on the existence of such an Order will be summarily denied.

Entirely sealed filings are not permitted unless the application shows redaction is infeasible.

Source text: No document will be filed under seal in its entirety unless it is shown in the application that it is not feasible to file a redacted version for public viewing.

Absent rule/statute authorization, sealed filing requires a written application and prior court approval.

Source text: In accordance with Local Rule 79-5.1, absent authorization by rule or statute, no case or document(s) may be filed under seal without written application to, and prior approval by, the Court.

Applications to seal based only on a protective or confidentiality order will be summarily denied.

Source text: An application to seal that is based solely on the existence of such an Order will be summarily denied.

A party seeking sealing must provide competent evidence supporting sealing.

Source text: Rather, the party must provide competent evidence explaining why the document(s) should be filed under seal.

Documents cannot be filed under seal in entirety unless redaction is not feasible; redactions must be highlighted

Source text: No document will be filed under seal in its entirety unless it is shown in the application that it is not feasible to file a redacted version for public viewing. Any proposed redactions must be highlighted in the under seal version of the document so that the Court may readily determine what information the party or parties seek to maintain as confidential.

Documents cannot be filed under seal without written application and prior Court approval

Source text: In accordance with Local Rule 79-5.1, absent authorization by rule or statute, no case or document(s) may be filed under seal without written application to, and prior approval by, the Court.

Procedure exists for filings under seal.

Source text: D. Filings Under Seal ...................................................................................... 15

Sealed documents must be identified by first-listed defendant and case number only.

Source text: The outer envelope containing any document filed under seal or in camera should identify the case title by the first-listed defendant and case number only, and should state that the document is being filed under seal or in camera.

Sealed documents with confidential titles require two cover sheets with generic title.

Source text: Parties should pay close attention to the title in the caption of every document submitted to the court for filing under seal. The title of the document will become part of the public docket text when it is entered on the docket, even though the document itself will be sealed. If the title of the document contains confidential information that should not be reflected on the public docket, parties must submit the document with two cover sheets. The first cover sheet must contain a generic title (e.g.: “SEALED APPLICATION”; “SEALED MOTION”; “SEALED PROPOSED

Sentencing documents may be filed under seal only when strictly necessary, with redacted version justifying deletions.

Source text: The court does not permit sentencing documents to be filed under seal except as strictly necessary and justified. When necessary, a sentencing document may be filed under seal along with a redacted version that deletes the confidential information and that justifies each deletion (e.g., "medical information").

Protective orders for discovery must be submitted to Magistrate Judge; cannot authorize sealing for dispositive motions or trial without court order.

Source text: Proposed protective orders pertaining to discovery must be submitted to the assigned Magistrate Judge. Protective orders must not purport to allow any matters to be filed under seal in connection with dispositive motions (including a class certification motion) or trial without a court order. The existence of a protective order alone does not authorize the filing of pleadings or other documents under seal in whole or in part.

Local Rule 79-5 governs applications to file documents under seal.

Source text: Local Rule 79-5 governs applications to file documents under seal. Local Rule 79-5.2.2 explains how to apply to file under seal and how to proceed if leave is granted. Parties must comply with all provisions of Local Rule 79-5.

File complete sealed version and redacted public version when possible.

Source text: Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the court has authorized to be filed under seal.

Each item must be individually justified for sealing; blanket claims will be denied.

Source text: Sealing must be justified for each individual item: blanket claims of confidentiality will result in the application to seal being denied. Counsel is strongly encouraged to consider carefully whether sealing or redaction is absolutely required for a given piece of evidence or argument. An application to seal that

Applications to file under seal must comply with Local Rule 79-5 and 79-5.2.2.

Source text: Local Rule 79-5 governs applications to file documents under seal. Local Rule 79-5.2.2 explains how to apply to file under seal and how to proceed if leave is granted. Parties must comply with all provisions of Local Rule 79-5.

Each document sought to be sealed requires individual justification showing good cause or compelling reasons.

Source text: For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification that establishes "good cause" or "compelling reasons" for the information to be protected.

Parties must file both a complete sealed version and a redacted public version of documents.

Source text: The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the court has authorized to be filed under seal.

Parties must meet and confer before filing an application to seal.

Source text: An application to seal also must meet and confer before filing an application to seal.

File both sealed and redacted versions for confidential documents

Source text: Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the court has authorized to be filed under seal.

Meet and confer required before filing sealing application

Source text: The parties also must meet and confer before filing an application to seal.

Under seal filings must comply with LR 79-5.2 and show good cause with legal authority.

Source text: Under Seal Filings: Applications to file documents under seal shall comply with Local Rule 79-5.2, and shall identify the specific material with supporting legal authority (i.e., rule, statute and/or case law) to support a good cause showing. A protective order signed by the parties does not establish good cause to file documents under seal with the Court.

Strict compliance required with Local Rule 79-5 for sealing documents.

Source text: The Court requires strict compliance with Local Rule 79-5, which governs applications to file documents under seal. Local Rule 79-5.2.2 explains how to apply to file under seal and how to proceed if leave is granted.

Must provide specific justification for each document sought to be sealed.

Source text: The filing party must make a specific showing explaining why each document that it seeks to seal may justifiably be sealed and why the proposed redactions are as narrowly tailored as possible, rather than making a blanket statement about the grounds for sealing.

File complete sealed version and redacted public version when possible.

Source text: Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the Court has authorized to be filed under seal.

Each item must be individually justified for sealing.

Source text: Sealing must be justified for each individual item—blanket claims of confidentiality will result in the application to seal being denied.

Meet and confer required before filing sealing application.

Source text: The parties also must meet and confer before filing an application to seal.

Grant requires filing unredacted document under seal with specific label.

Source text: If Court GRANTS the Application, the Filing Party must PREPARE and E-FILE UNDER SEAL an unredacted, non-highlighted version of the document, properly labeled with “FILED UNDER SEAL PURSUANT TO ORDER OF COURT DATED _______”

Denied application requires public filing or document not considered.

Source text: If the Court DENIES the Application, the Filing Party must either: PREPARE and publicly E-FILE an unredacted, non-highlighted version, OR the Filing Party must UNDERSTAND that the document that was sought to be filed under seal will not be considered by the Court.

Partial grant requires public filing of redacted version.

Source text: If the Court GRANTS IN PART AND DENIES IN PART the Application, the Filing Party must E-FILE a revised redacted version on the public docket that redacts only the material the Court has identified as subject to under seal protection.

Partial grant also requires filing unredacted document under seal.

Source text: The Filing Party must also PREPARE and E-FILE UNDER SEAL an unredacted, non-highlighted version of the document, properly labeled with “FILED UNDER SEAL PURSUANT TO ORDER OF COURT DATED _______”

In camera documents require special handling.

Source text: DOCUMENTS TO BE SUBMITTED IN CAMERA REQUIRE ADDITIONAL SPECIAL HANDLING.

File Notice of Manual Filing on public docket, then email under-seal documents to CRD.

Source text: In all instances, the filer must first electronically file a Notice of Manual Filing on the public docket. All documents related to under-seal filings must then be emailed to the CRD at the email address that appears in the footer of this document.

Email two versions: one with yellow highlights for sealable portions, one unhighlighted for filing.

Source text: Unless there is good cause for filing the entire document under seal, the filer must specifically identify those portions of the document that should be sealed. To do this, the filer must email two versions the document: (1) for the Court’s review, a version highlights in yellow those portions of the document that should be sealed, and (2) an unhighlighted version (for under seal filing).

Granted seal applications result in under-seal filing; filer must serve and file proof of service within 24 hours.

Source text: If the Court GRANTS the application to seal, the CRD will file the relevant document(s) under seal and will email conformed copies of the under-seal filings to the filer. The filer must promptly serve conformed copies of under-seal filings on the other party via email and must, within 24 hours of receiving the conformed copies, electronically file on the public docket proof of such service that includes the information set forth in Local Civil Rule 5-3.1.2.

File public redacted versions within 3 days of Court order; redactions limited to previously identified portions.

Source text: If ordered to do so, within 3 days of the entry of the Court’s Order, the filer must electronically file public redacted versions of any under-seal documents. Redactions must be limited to those portions previously identified for the Court in yellow highlighting.

Sealing applications require good cause and usually need redacted versions filed publicly.

Source text: Counsel are directed to consider carefully whether to seek leave to file documents under seal. The procedure for obtaining leave is lengthy. Applications must in all instances be supported by good cause, and at times are subjected to an even higher standard. Most of the time, documents may not be filed under seal in their entirety, and appropriately redacted documents must still be filed on the public docket.

Sealing applications must follow Local Rule 79-5 and Judge Staton's electronic filing guide.

Source text: When seeking leave to file any material under seal in a civil case, the parties and counsel are directed to fully comply with all steps of the multi-step procedure set forth in Local Rule 79-5. The parties are directed to follow the instructions in the Guide to Electronically Filing Under-Seal Documents in Civil Cases which is attached in PDF format to Judge Staton’s Procedures web page.

Public access presumption applies; good cause needed for non-dispositive, compelling reasons for dispositive motions.

Source text: Counsel are reminded that there is a strong presumption that the public has a right of access to records in civil cases. For materials related to non-dispositive motions, the Designating Party must show good cause for the materials to be filed and maintained under seal. For materials related to dispositive motions, the standard is higher, and the Designating Party must articulate compelling reasons for maintaining the confidentiality of the document(s) and must seek relief that is narrowly tailored to the protected interest. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 667-79 (9th Cir. 2010).

Under seal applications require meet-and-confer 7 days before filing, with confirmation within 2 days.

Source text: Counsel shall comply with L. Cr. R. 49-1 with respect to serving and filing criminal documents under seal. All applications must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding. Counsel are ordered to meet and confer in person or by telephone at least seven (7) calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing. Not later than two (2) calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing. Any application for under seal filing, whether or not opposed, shall contain the dates and method by which the parties met and conferred. If such information is not provided, the application will be denied without prejudice to an amended application being filed that complies with the foregoing terms.

Must specify action if seal application is denied: file publicly, pick up chambers copies within 24 hours, or request destruction.

Source text: Indicate which of the three following actions will be taken if the application is denied: (i) Counsel will file the document(s) in their entirety for public view and consideration by the Court; (ii) Counsel will contact the Courtroom Deputy Clerk to pick up any chambers' copy(ies) of the document(s) within 24 hours; or (iii) Counsel will request that the Courtroom Deputy Clerk destroy any chambers' copy(ies) of the document(s).

Government must file in camera witness list 14 days before Final Pretrial Conference

Source text: The Government shall file in camera a witness list no later than fourteen (14) calendar days prior to the Final Pretrial Conference.

Under seal filings require compliance with L. Cr. R. 49-1, justification for confidentiality, and a 7-day meet-and-confer process with 2-day response deadline; applications must document the meet-and-confer process.

Source text: Counsel shall comply with L. Cr. R. 49-1 with respect to serving and filing criminal documents under seal. All applications must provide the reason(s) why the parties' interest in maintaining the confidentiality of the document(s) outweighs the public's right of access to materials submitted in connection with a judicial proceeding. Counsel are ordered to meet and confer in person or by telephone at least seven (7) calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing. Not later than two (2) calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing. Any application for under seal filing, whether or not opposed, shall contain the dates and method by which the parties met and conferred. If such information is not provided, the application will be denied without prejudice to an amended application being filed that complies with the foregoing terms.

Sealing applications must specify action if denied: public filing, pickup within 24 hours, or destruction; uncollected documents destroyed after 24 hours.

Source text: Indicate which of the three following actions will be taken if the application is denied: (i) Counsel will file the document(s) in their entirety for public view and consideration by the Court; (ii) Counsel will contact the Courtroom Deputy Clerk to pick up any chambers' copy(ies) of the document(s) within 24 hours; or (iii) Counsel will request that the Courtroom Deputy Clerk destroy any chambers' copy(ies) of the document(s). Note: If counsel opt for (b) above and do not contact the Courtroom Deputy Clerk within 24 hours, the documents will be destroyed.

Redacted documents must include the word 'redacted' in the title.

Source text: Redacted documents shall conform to paragraph (b) above. However, the document shall include the word redacted in the title, i.e., JOHN DOE'S (2) MEMORANDUM [REDACTED].

Sealed documents must clearly mark confidential/privileged information via highlighting and/or brackets.

Source text: Any sealed document must clearly mark the information that is confidential or privileged via highlighting in color and/or using brackets.

Sealed chambers copies must be in manilla envelope labeled 'UNDER SEAL'.

Source text: Chambers copies of under seal documents shall be placed together in a manilla envelope labeled 'UNDER SEAL.'

Sealed chambers copies must be in manilla envelope labeled 'UNDER SEAL'.

Source text: Chambers copies of under seal documents shall be placed together in a manilla envelope labeled 'UNDER SEAL.'

Sealed documents must comply with L. Cr. R. 49-1 and justify confidentiality over public access.

Source text: Counsel shall comply with L. Cr. R. 49-1 with respect to serving and filing criminal documents under seal. All applications must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding.

Meet and confer required 7 days before sealing application; non-proposing party must respond within 2 days.

Source text: Counsel are ordered to meet and confer in person or by telephone at least seven (7) calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing. Not later than two (2) calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing.

Sealing applications must include meet and confer dates and method; missing information results in denial without prejudice.

Source text: Any application for under seal filing, whether or not opposed, shall contain the dates and method by which the parties met and conferred. If such information is not provided, the application will be denied without prejudice to an amended application being filed that complies with the foregoing terms.

Applications to file under seal must explain why confidentiality outweighs public access rights.

Source text: Counsel shall comply with Local Rule 79-5. All applications must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding.

Meet and confer required at least 7 days before filing sealing application.

Source text: Counsel are ordered to meet and confer in person or by telephone at least seven (7) calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing.

Non-proposing party must confirm agreement/opposition to sealing within 2 days after meet and confer.

Source text: Not later than two (2) calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing.

Sealing applications must include meet and confer dates and methods.

Source text: Any application for under seal filing, whether or not opposed, shall contain the dates and method by which the parties met and conferred.

Sealing applications must be filed on public docket with proposed order.

Source text: The application for leave to file under seal shall be filed on the public docket and shall attach a proposed order pursuant to Local Rule 5-4.4.1 and Local Rule 5-4.4.2.

Unredacted documents must be filed under seal, either attached to sealed declaration or as separate entry.

Source text: The unredacted version of any document(s) shall be filed under seal. It may be attached to the declaration that supports the application, if the declaration is sealed and is filed as its own docket entry. Otherwise, it shall be filed as its own docket entry.

Sealed document titles must begin with “Unredacted” or “Sealed”.

Source text: The title shall include “Unredacted” or “Sealed” as the first word of the title of the document.

Confidential/privileged information in sealed documents must be highlighted or bracketed.

Source text: Any sealed document must clearly mark the information that is confidential or privileged via highlighting in color and/or using brackets.

If sealing granted, file unredacted version with highlighting/brackets for redacted content.

Source text: If the application is granted, counsel shall file: (i) The unredacted version of the entire document as its own docket entry. The title shall include “Unredacted” or “Sealed” as the first word of the title of the document. Any information that has been redacted or omitted from the public filing must be clearly marked via highlighting in color and/or using brackets.

If sealing granted, file redacted version with “Redacted” in title.

Source text: (ii) The redacted version of the entire document as its own docket entry. Unless otherwise stated in the order granting the application, a redacted version is required of all sealed documents. The title shall include “Redacted” as the first word of the title of the document.

Confidential/privileged information must be blacked out or document marked as entirely sealed.

Source text: Any information that is confidential or privileged must be blacked out or a page shall be inserted with the title of the document that indicates that the entire document is sealed.

Closely related materials filed together must be considered a single document for sealing purposes.

Source text: Closely related materials filed at the same time where some are proposed to be filed under seal and others will not be sealed shall be considered as a single document and filed as a single docket entry containing multiple attachments.

File one unredacted/sealed docket entry with declaration and all exhibits, including sealed exhibits.

Source text: • one unredacted/sealed docket entry with the documents to include the declaration with all exhibits, including sealed exhibits, e-filed as an attachment to the declaration;

File a separate redacted docket entry with declaration and all exhibits, including redacted exhibits.

Source text: • a separate redacted docket entry with the documents to include the declaration with all exhibits, including redacted exhibits, e-filed as an attachment to the declaration.

Filing under seal requires compliance with Local Rule 79-5.1 and this Order.

Source text: This Order does not automatically authorize the filing under seal of material designated under this Order. Instead, the parties must comply with Local Rule 79-5.1 and this Order if they seek to file anything under seal.

Only specific material qualifying under appropriate standards may be designated for protection.

Source text: Any party or non-party who designates information or items for protection under this Order as "CONFIDENTIAL," "HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY," or "HIGHLY CONFIDENTIAL – SOURCE CODE" (a "designator") must only designate specific material that qualifies under the appropriate standards.

Designation is allowed only if necessary to protect material from competitive or recognized harm.

Source text: Designation under this Order is allowed only if the designation is necessary to protect material that, if disclosed to persons not authorized to view it, would cause competitive or other recognized harm.

Designators must promptly notify parties when withdrawing mistaken designations.

Source text: If a designator learns that information or items that it designated for protection do not qualify for protection at all or do not qualify for the level of protection initially asserted, that designator must promptly notify all parties that it is withdrawing the mistaken designation.

Designators must affix applicable legend to each page containing protected material.

Source text: Designation under this Order requires the designator to affix the applicable legend ("CONFIDENTIAL," "HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY," or "HIGHLY CONFIDENTIAL – SOURCE CODE") to each page that contains protected material.

Designators have up to 21 days from deposition to designate protected testimony.

Source text: For testimony given in deposition or other proceeding, the designator shall specify all protected testimony and the level of protection being asserted. It may make that designation during the deposition or proceeding, or may invoke, on the record or by written notice to all parties on or before the next business day, a right to have up to 21 days from the deposition or proceeding to make its designation.

Material available for inspection is treated as HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY until designation.

Source text: A party or non-party that makes original documents or materials available for inspection need not designate them for protection until after the inspecting party has identified which material it would like copied and produced. During the inspection and before the designation, all material shall be treated as HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY.

Parties must give advance notice for depositions with designated material.

Source text: Parties shall give advance notice if they expect a deposition or other proceeding to include designated material so that the other parties can ensure that only authorized individuals are present at those proceedings when such material is disclosed or used.

Transcripts with designated material must have legend and page list with protection levels.

Source text: Transcripts containing designated material shall have a legend on the title page noting the presence of designated material, and the title page shall be followed by a list of all pages (including line numbers as appropriate) that have been designated, and the level of protection being asserted.

Transcripts prepared before 21-day designation period are treated as HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY.

Source text: Any transcript that is prepared before the expiration of the 21-day period for designation shall be treated during that period as if it had been designated HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY unless otherwise agreed.

Do not produce confidential material until protective order determination unless designator permits.

Source text: If the designator promptly seeks a protective order, the party served with the subpoena or court order shall not produce any information designated in this action as CONFIDENTIAL, HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL – SOURCE CODE before a determination by the court where the subpoena or order issued, unless the party has obtained the designator’s permission.

Filing designated material under seal requires court order or designator permission, not just designation.

Source text: Without written permission from the designator or a Court order, a party may not file in the public record in this action any designated material. A party seeking to file under seal any designated material must comply with Local Rule 79-5. Filings may be made under seal only pursuant to a court order authorizing the sealing of the specific material at issue. The fact that a document has been designated under this Order is insufficient to justify filing under seal.

Meet and confer required 7 days before sealing application; opposing party must respond within 2 days.

Source text: Because a party other than the designator will often be seeking to file designated material, cooperation between the parties in preparing, and in reducing the number and extent of, requests for under seal filing is essential. Accordingly, counsel are ordered to meet and confer in person or by telephone at least seven (7) calendar days prior to the filing of an application wherein the basis for the sealing is that it has been deemed confidential by the other party. Not later than two (2) calendar days after the meet and confer process, the opposing party shall confirm whether such information shall be designated as confidential or whether it can be made available to the public. Such an application shall contain the dates and method by which the parties met and conferred otherwise it will be denied without prejudice to an amended application being filed after counsel have completed this process.

Denied sealing requests may be filed publicly unless designator seeks reconsideration within 4 days.

Source text: If a receiving party's request to file designated material under seal pursuant to Local Rule 79-5.1 is denied by the Court, then the receiving party may file the material in the public record unless (1) the designator seeks reconsideration within four (4) days of the denial, or (2) as otherwise instructed by the Court.

Return or destroy all designated material within 60 days of final disposition with written certification.

Source text: Within 60 days after the final disposition of this action, each party shall return all designated material to the designator or destroy such material, including all copies, abstracts, compilations, summaries and any other format reproducing or capturing any designated material. The receiving party must submit a written certification to the designator by the 60-day deadline that (1) identifies (by category, where appropriate) all the designated material that was returned or destroyed, and (2) affirms that the receiving party has not retained any copies, abstracts, compilations, summaries or any other format reproducing or capturing any of the designated material.

Sealing requires compliance with Local Rule 79-5 and attached PDF guide.

Source text: When seeking leave to file any material under seal in a civil case, the parties and counsel are directed to fully comply with all steps of the multi-step procedure set forth in Local Rule 79-5. The parties are directed to follow the instructions in the Guide to Electronically Filing Under-Seal Documents in Civil Cases which is attached in PDF format to Judge Staton’s Procedures web page.

Strict compliance with Local Rule 79-5 required for sealing applications.

Source text: The Court requires strict compliance with Local Rule 79-5, which governs applications to file documents under seal.

Motion to seal must state which standard applies and explain why.

Source text: When submitting a motion to seal, the filing party must state whether the compelling reasons or good cause standard applies and explain why.

Must provide specific justification for each document to be sealed, not blanket statements.

Source text: The filing party must make a specific showing explaining why each document that it seeks to seal may justifiably be sealed and why the proposed redactions are as narrowly tailored as possible, rather than making a blanket statement about the grounds for sealing.

File complete sealed version and redacted public version, omitting only authorized portions.

Source text: The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the Court has authorized to be filed under seal.

Sealing must be justified for each item; blanket confidentiality claims will be denied.

Source text: Sealing must be justified for each individual item—blanket claims of confidentiality will result in the application to seal being denied.

Parties must meet and confer before filing sealing application.

Source text: The parties also must meet and confer before filing an application to seal.

Must justify sealing for each item; blanket confidentiality claims are not allowed.

Source text: All applications must provide reasons why the parties’ interest in filing the document(s) under seal outweighs the public’s right to access. Sealing must be justified for each individual item to be sealed or redacted. Blanket claims of confidentiality are not allowed and will result in a denial of the application to seal.

Documents filed under seal/in camera must have outer envelopes identifying case by first-listed defendant and case number, stating seal/in camera status.

Source text: The outer envelope containing any document filed under seal or in camera should identify the case title by the first-listed defendant and case number only and should state that the document is being filed under seal or in camera.

Sentencing documents may be filed under seal only with court approval and must include redacted version with deletion justifications.

Source text: The Court does not permit sentencing documents to be filed under seal except when strictly necessary and ordered by the Court. If approved by the Court, a sentencing document filed under seal must be accompanied by a redacted version that deletes the confidential information and that justifies each deletion (e.g., “medical information”).

Under seal applications must justify confidentiality over public access.

Source text: Counsel shall comply with Local Rule 79-5. All applications must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding.

Meet and confer required 7 days before filing under seal applications.

Source text: Counsel are ordered to meet and confer in person or by telephone at least seven calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing.

Non-proposing party must confirm agreement or opposition within 2 days after meet and confer.

Source text: No later than two calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing.

Under seal applications must include meet and confer dates/method or will be denied.

Source text: Any application for under seal filing, whether or not opposed, shall contain the dates and method by which the parties met and conferred. If such information is not provided, the application will be denied.

Unredacted documents to be sealed must be filed provisionally under seal.

Source text: The unredacted version of all documents sought to be sealed shall be filed provisionally under seal. The documents may be attached to the declaration that supports the application, if the declaration is sealed and is filed as its own docket entry. Otherwise, the documents should be filed separately under provisional seal.

Provisional sealed documents must have "Unredacted" or "Sealed" in title.

Source text: The title shall include "Unredacted" or "Sealed" as the first word of the title of the document.

Confidential information in sealed documents must be highlighted or bracketed.

Source text: Any provisionally sealed document must clearly mark the information that is confidential or privileged via highlighting in color and/or using brackets.

If sealed, file unredacted version as separate docket entry with "Unredacted" or "Sealed" in title.

Source text: The unredacted version of the entire document as its own docket entry. The title shall include "Unredacted" or "Sealed" as the first word of the title of the document.

Redacted version required for all sealed documents, filed separately with "Redacted" in title.

Source text: The redacted version of the entire document as its own docket entry. Unless otherwise stated in the order granting the application, a redacted version is required of all sealed documents. The title shall include "Redacted" as the first word of the title of the document.

Redacted documents must black out confidential info or insert page indicating entire document is sealed.

Source text: Any information that is confidential or privileged must be blacked out or a page shall be inserted with the title of the document that indicates that the entire document is sealed.

Sealing applications must provide reasons why confidentiality outweighs public access.

Source text: Counsel shall comply with Local Rule 79-5. All applications must provide the reason(s) why the parties' interest in maintaining the confidentiality of the document(s) outweighs the public's right of access to materials submitted in connection with a judicial proceeding.

Supporting declarations must be filed under seal as separate docket entries if they contain confidential information.

Source text: Any declaration that supports the application shall also be attached to the application unless it contains confidential information. The declaration shall be filed under seal as its own docket entry if it contains confidential information.

Unredacted documents sought to be sealed must be filed provisionally under seal with specific titling and highlighting requirements.

Source text: The unredacted version of all documents sought to be sealed shall be filed provisionally under seal. The documents may be attached to the declaration that supports the application, if the declaration is sealed and is filed as its own docket entry. Otherwise, the documents should be filed separately under provisional seal. The title shall include "Unredacted" or "Sealed" as the first word of the title of the document. Any provisionally sealed document must clearly mark the information that is confidential or privileged via highlighting in color and/or using brackets.

If sealing application granted, unredacted version must be filed as separate docket entry with "Unredacted" or "Sealed" in title and confidential information highlighted.

Source text: The Court will review the submitted documents and determine whether the documents can be sealed. If the application is granted, counsel shall file: i. The unredacted version of the entire document as its own docket entry. The title shall include "Unredacted" or "Sealed" as the first word of the title of the document. Any information that has been redacted or omitted from the public filing must be clearly marked via highlighting

If sealing application granted, redacted version must be filed as separate public docket entry with "Redacted" in title and confidential information blacked out.

Source text: ii. The redacted version of the entire document as its own docket entry. Unless otherwise stated in the order granting the application, a redacted version is required of all sealed documents. The title shall include "Redacted" as the first word of the title of the document. Any information that is confidential or privileged must be blacked out or a page shall be inserted with the title of the document that indicates that the entire document is sealed.

Under seal filings must comply with Local Criminal Rule 49-1 and justify confidentiality over public access.

Source text: Counsel shall comply with Local Criminal Rule 49-1 with respect to serving and filing criminal documents under seal. All applications must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding.

Applications to file under seal must comply with Local Rule 79-5 and justify confidentiality.

Source text: Counsel shall comply with Local Rule 79-5. All applications must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding.

Meet and confer required at least 7 days before filing sealing application.

Source text: Counsel are ordered to meet and confer in person or by telephone at least seven calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing.

Non-proposing party must confirm position within 2 days after meet and confer.

Source text: Not later than two calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing.

Unredacted documents must be filed provisionally under seal.

Source text: The unredacted version of all documents sought to be sealed shall be filed provisionally under seal.

Provisional seal documents must have "Unredacted" or "Sealed" as first word in title.

Source text: The title shall include “Unredacted” or “Sealed” as the first word of the title of the document.

Confidential/privileged information in provisional seal documents must be highlighted or bracketed.

Source text: Any provisionally sealed document must clearly mark the information that is confidential or privileged via highlighting in color and/or using brackets.

If sealing granted, unredacted document must be filed as separate docket entry.

Source text: If the application is granted, counsel shall file: i. The unredacted version of the entire document as its own docket entry.

Redacted/omitted information must be highlighted or bracketed in granted seal documents.

Source text: Any information that has been redacted or omitted from the public filing must be clearly marked via highlighting in color and/or using brackets.

Redacted version must be filed as separate docket entry if sealing granted.

Source text: ii. The redacted version of the entire document as its own docket entry.

Redacted documents must have "Redacted" as first word in title.

Source text: The title shall include “Redacted” as the first word of the title of the document.

Confidential/privileged information must be blacked out or document marked as fully sealed.

Source text: Any information that is confidential or privileged must be blacked out or a page shall be inserted with the title of the document that indicates that the entire document is sealed.

Sentencing documents may be filed under seal only when strictly necessary, with redacted version justifying deletions.

Source text: The Court does not permit sentencing documents to be filed under seal except as strictly necessary and justified. When necessary, a sentencing document may be filed under seal along with a redacted version that deletes the confidential information and that justifies each deletion (e.g., "medical information").

Trade secret cases require special identification procedures.

Source text: This provision shall apply in any case in which there is a claim, counterclaim, or crossclaim for misappropriation of trade secrets in violation of either the California Uniform Trade Secret Act ("CUTSA," Cal. Civ. Code. § § 3426–3426.11) or Defend Trade Secrets Act ("DTSA," 18 U.S. Code §§ 1836–1839).

File both complete and redacted versions when partial redaction possible.

Source text: 79-5. Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file both versions of the documents: complete versions of the pleadings and documents under seal; and a redacted version for public viewing, omitting only such portions as the court has ordered may be filed under seal.

Redacted portions must be bracketed and highlighted on unredacted copies.

Source text: ***The parties ARE ORDERED to place in brackets and highlight the portion(s) of the document text and/or exhibits that have been redacted on the un-redacted copies (sent via email and the chambers’ copy).***

Each item must be individually justified for sealing; blanket claims not allowed.

Source text: Sealing must be justified for each individual item to be sealed or redacted; blanket claims of confidentiality are not allowed and will result in a denial of the application to seal.

Application and redacted documents are public; declaration and unredacted documents are sealed.

Source text: The rule specifies that the Application, the proposed order, and the redacted documents will be publicly viewable, while the declaration and the unredacted documents will not.

Court order required to file any sealed document; Application for Leave to File Under Seal needed if no order obtained.

Source text: 7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Document upload screen must turn red to confirm sealed filing; if not red, restart filing process.

Source text: 8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Document again.

Sealed documents must be linked to an existing order granting leave to file under seal.

Source text: You must next link your Sealed Document to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.”

Sealed documents are restricted from viewing and not accessible through NEF.

Source text: Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing.

Sealed documents must be served by printing NEF and serving both NEF and sealed document on opposing counsel.

Source text: Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Court order required to file any sealed document; Application for Leave to File Under Seal required if filing under statute without order.

Source text: Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Sealed documents must be served by other means; print and serve NEF with sealed document.

Source text: Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Sealed Opposition event requires prior court order granting leave to file under seal.

Source text: Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.

Document upload screen must turn red to confirm filing under seal; if not red, STOP and restart process.

Source text: If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. The next screen is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Opposition again.

Sealed Opposition must be linked to an Order granting leave to file under seal.

Source text: The Sealed Opposition you are filing must also be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.”

Document upload screen must turn red to confirm sealed filing; if not red, restart process.

Source text: If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Reply again.

Sealed documents must be served by other means; print and serve NEF with sealed document.

Source text: Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Ex Parte Application to Seal required; submit PDF versions to chambers email plus Word/WordPerfect proposed order.

Source text: When seeking the Court’s approval for an under seal filing, the submitting party shall electronically file an Ex Parte Application to Seal and proposed Order through the Court’s CM/ECF System pursuant to Local Civil Rule 5-4 and Local Criminal Rule 49-1.1. The Ex Parte Application and proposed Order shall not contain the information the party seeks to file under seal. The party seeking permission to file under seal shall submit to the Court’s generic chambers e-mail address (pa_chambers@cacd.uscourts.gov) PDF versions of the Ex Parte Application, proposed Order, Declaration in Support of Ex Parte Application stating the reason for the under seal filing, and the document(s) and/or exhibit(s) the party seeks to file under seal. The party shall also submit a Word or WordPerfect version of the proposed Order to the generic chambers e-mail address.

Government must file witness statements under seal at least 5 days before trial.

Source text: Counsel for the government shall file with the Court in camera (under seal) all statements of all witnesses to be called by the government in its case-in-chief. Such statements shall be filed at least five (5) calendar days before trial.

Sealed filings require Court approval and compliance with Local Rule 79-5.2.2(a).

Source text: When seeking the Court’s approval for an under seal filing, the submitting party shall comply with the procedures established in Local Rule 79-5.2.2(a).

Sealed documents filed electronically must be served separately under FRCP 5, not through CM/ECF.

Source text: Because documents filed under seal are only visible on CM/ECF or Pacer to Court personnel and the party that filed the document, a party electronically filing a document under seal may not rely on the Court’s CM/ECF System to effect service as provided in Local Rule 5-3.2.1. Therefore, documents filed electronically under seal must be served in accordance with Federal Rule of Civil Procedure 5.

Sealed electronic filings require proof of service or declaration explaining why service is not required.

Source text: Therefore, documents filed electronically under seal must be served in accordance with Federal Rule of Civil Procedure 5. Additionally, at the time of filing, the documents filed electronically under seal must be accompanied either by a Proof of Service in the form required by Local Rule 5-3.1.2 or a declaration explaining why service is not required.

Sealed documents must be served manually per FRCP 5 and accompanied by Proof of Service or declaration.

Source text: When seeking the Court's approval for an under seal filing, the submitting party shall comply with the procedures established in Local Rule 79-5.2.2(a). Because documents filed under seal are only visible on CM/ECF or Pacer to Court personnel and the party that filed the document, a party electronically filing a document under seal may not rely on the Court's CM/ECF System to effect service as provided in Local Rule 5-3.2.1. Therefore, documents filed electronically under seal must be served in accordance with Federal Rule of Civil Procedure 5. Additionally, at the time of filing, the documents filed electronically under seal must be accompanied either by a Proof of Service in the form required by Local Rule 5-3.1.2 or a declaration explaining why service is not required.

Documents filed under seal must be served separately from CM/ECF and include proof of service.

Source text: When seeking the Court’s approval for an under seal filing, the submitting party shall comply with the procedures established in Local Rule 79-5.2.2(a). Because documents filed under seal are only visible on CM/ECF or Pacer to Court personnel and the party that filed the document, a party electronically filing a document under seal may not rely on the Court’s CM/ECF System to effect service as provided in Local Rule 5-3.2.1. Therefore, documents filed electronically under seal must be served in accordance with Federal Rule of Civil Procedure 5. Additionally, at the time of filing, the documents filed electronically under seal must be accompanied either by a Proof of Service in the form required by Local Rule 5-3.1.2 or a declaration explaining why service is not required.

Applications to file documents under seal must follow L.R. 79-5.2.2; no chambers copies required for sealed applications.

Source text: For detailed instructions and information on the procedures for filing documents under seal, please refer to seal Documents in Non-sealed Civil Cases (L.R. 79-5.2.2), the filing party shall not provide a chambers or courtesy copy of the Application or any associated documents.

Sealed document applications must identify confidential portions and justify sealing over public access.

Source text: Please bear in mind that all applications must (1) indicate which portions of the documents to be filed under seal are confidential; and (2) provide reasons(s) as to why the parties’ interest to file the document(s) under seal outweighs the public’s right to access.

Protective order-only sealing applications require specific declaration or will be denied.

Source text: If a party submits an application to file under seal pursuant to a protective order only (i.e., no other reason is given), the Court will automatically deny the application if the party designating the material as confidential does not file a declaration pursuant to L.R. 79-5.2.2(b)(i). This declaration shall be entitled: “DESIGNATING PARTY’S DECLARATION IN SUPPORT OF APPLICATION TO FILE UNDER SEAL PURSUANT TO PROTECTIVE ORDER”.

Under seal documents must be placed together in manila envelope labeled “UNDER SEAL.”

Source text: Chambers copies of under seal documents shall all be placed together in a manila envelope labeled “UNDER SEAL.”

Sentencing documents generally cannot be filed under seal.

Source text: The Court does not permit sentencing documents to be filed under seal except as strictly necessary and justified.

Sealed sentencing documents require redacted version with justification for each deletion.

Source text: When necessary, a sentencing document may be filed under seal along with a redacted version that deletes the confidential information and that justifies each deletion (e.g., "medical information").

Sealed submissions must follow Judge Blumenfeld's pilot program procedures on his webpage.

Source text: A party seeking to submit information under seal must comply with the pilot program procedures found on Judge Blumenfeld’s webpage (scroll to Orders & Additional Documents at the bottom of the page).

Government must file witness statements under seal at least 5 days before trial.

Source text: Counsel for the government shall file with the Court in camera (under seal) all statements of all witnesses to be called by the government in its case-in-chief. Such statements shall be filed at least five (5) calendar days before trial.

Must establish good cause or compelling reasons to file under seal.

Source text: For each document or other type of information a party seeks to file under seal, the party must identify the factual and/or legal justification that establishes “good cause” or “compelling reasons” for the information to be protected.

Redact confidential portions instead of sealing entire documents when possible.

Source text: Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the Court has authorized to be filed under seal.

Each item must be individually justified for sealing; blanket claims will be denied.

Source text: Sealing must be justified for each individual item. Blanket claims of confidentiality will result in the application to seal being denied.

Meet and confer required before filing application to seal.

Source text: The parties must also meet and confer before filing an application to seal.

Applications to seal must be filed at least two weeks before the motion.

Source text: All applications to seal must be filed at least two weeks before the anticipated motion is filed.

Local Rule 79-5 governs applications to file documents under seal

Source text: Local Rule 79-5 governs applications to file documents under seal. Local Rule 79-5 governs applications to file documents under seal.

Must provide factual/legal justification for 'good cause' or 'compelling reasons' to seal

Source text: For each document or other type of information a party seeks to file under seal, the party must identify the factual and/or legal justification that establishes 'good cause' or 'compelling reasons' for the information to be protected.

Use 'compelling reasons' standard for documents related to merits; 'good cause' for tangential matters

Source text: The 'compelling reasons' standard applies when either the document itself or the motion to which the document is attached is more than tangentially related to the merits of the case. When the document is attached to a motion that is unrelated or only tangentially related to the merits of the case, 'a party need only satisfy the less exacting 'good cause' standard.'

File complete version under seal and redacted version for public viewing when possible

Source text: Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the Court has authorized to be filed under seal.

Sealing must be justified for each item; blanket confidentiality claims will be denied

Source text: Sealing must be justified for each individual item. Blanket claims of confidentiality will result in the application to seal being denied.

Must meet and confer before filing seal application; encouraged to file joint application for multiple seals

Source text: The parties must also meet and confer before filing an application to seal. If the parties intend to file multiple applications to seal, they are encouraged to file a joint application to seal that identifies (1) the record evidence that all parties agree should be sealed and (2) the disputed items.

Sealed documents must include redacted version with justification for each deletion.

Source text: Any documents filed under seal should be accompanied by a redacted version, omitting confidential information and providing a justification for each deletion (e.g., 'medical information').

Mediation communications and documents are confidential.

Source text: Except as provided in section 9.2 below, this Court, the mediator, all counsel and parties, and any other persons attending the mediation shall treat as 'confidential information' the contents of the written mediation statements, any documents prepared for the purpose of, in the course of, or pursuant to the mediation, anything that happened or was said relating to the subject matter of the case in mediation, any position taken, and any view of the merits of the case expressed by any participant in connection with any mediation.

Confidential information cannot be disclosed or used in any proceeding.

Source text: “Confidential information” shall not be: (a) disclosed to anyone not involved in the litigation; (b) disclosed to the assigned judges; or (c) used for any purpose, including impeachment, in any pending or future proceeding in this court or any other forum.

Protective order alone does not justify sealing pleadings or documents.

Source text: The existence of a protective order does not alone justify the filing of pleadings or other documents under seal, in whole or in part.

Local Rule 79-5 governs sealing applications with strong presumption of access to court records.

Source text: (a) Local Rule 79-5. L.R. 79-5 governs applications to file under seal. Parties must comply with all sections of L.R. 79-5. There is a “strong presumption of access to court records” in civil cases. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification that establishes “good cause” or “compelling reasons” for the document’s protection. Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1179-80 (9th Cir. 2006).

Redacted versions should be filed separately when possible; unredacted versions filed under seal.

Source text: (b) Redacted Version and Unredacted Version. Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file an unredacted version of the document under seal, and a

Each item must be individually justified for sealing; blanket claims denied; meet and confer required.

Source text: (c) Justification. Sealing must be justified for each individual item; blanket claims of confidentiality will result in the application to seal being denied. Counsel is strongly encouraged to consider carefully whether sealing or redaction is required for a given piece of evidence or argument. An application to seal that includes clearly meritless requires to seal or redact documents may be denied in its entirety. The parties must also meet and confer before filing an application to seal.

Protective orders must be submitted to magistrate; cannot allow sealing without court order.

Source text: Proposed protective orders for discovery must be submitted to the assigned Magistrate Judge. Such orders should not purport to allow, without further order of the Court, the filing under seal of pleadings or documents filed in connection with a dispositive motion, a class certification motion, or trial before the Court.

Filing under seal requires compliance with Local Rule 79-5.1 and this Order.

Source text: This Order does not automatically authorize the filing under seal of material designated under this Order. Instead, the parties must comply with Local Rule 79-5.1 and this Order if they seek to file anything under seal.

Written request required to disclose HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY to in-house counsel; SOURCE CODE not authorized.

Source text: A party seeking to disclose to in-house counsel any material designated HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY must first make a written request to the designator providing the full name of the in-house counsel, the city and state of such counsel’s residence, and such counsel’s current and reasonably foreseeable future primary job duties and responsibilities in sufficient detail to determine present or potential involvement in any competitive decision-making. In-house counsel are not authorized to receive material designated HIGHLY CONFIDENTIAL – SOURCE CODE.

Written request with detailed expert information required to disclose HIGHLY CONFIDENTIAL material to experts.

Source text: A party seeking to disclose to an expert retained by outside counsel of record any information or item that has been designated HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL – SOURCE CODE must first make a written request to the designator that (1) identifies the general categories of HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL – SOURCE CODE information that the receiving party seeks permission to disclose to the expert, (2) sets forth the full name of the expert and the city and state of his or her primary residence, (3) attaches a copy of the expert’s current resume, (4) identifies the expert’s current employer(s), (5) identifies each person or entity from whom the expert has received compensation or funding for work in his or her areas of expertise (including in connection with litigation) in the past five years, and (6) identifies (by name and number of the case, filing date, and location of court) any litigation where the expert has offered expert testimony, including by declaration, report or testimony at deposition or trial, in the past five years.

Filing under seal requires court order or designator permission; must comply with Local Rule 79-5; designation alone insufficient.

Source text: Without written permission from the designator or a Court order, a party may not file in the public record in this action any designated material. A party seeking to file under seal any designated material must comply with Local Rule 79-5. Filings may be made under seal only pursuant to a court order authorizing the sealing of the specific material at issue. The fact that a document has been designated under this Order is insufficient to justify filing under seal. Instead, parties must explain the basis for confidentiality of each document sought to be filed under seal.

Meet and confer required 7 days before sealing application; opposing party must respond within 2 days.

Source text: Because a party other than the designator will often be seeking to file designated material, cooperation between the parties in preparing, and in reducing the number and extent of, requests for under seal filing is essential. Accordingly, counsel are ordered to meet and confer in person or by telephone at least seven (7) calendar days prior to the filing of an application wherein the basis for the sealing is that it has been deemed confidential by the other party. Not later than two (2) calendar days after the meet and confer process, the opposing party shall confirm whether such information shall be designated as confidential or whether it can be made available to the public.

Sealing application must include meet and confer dates/method or will be denied without prejudice.

Source text: Such an application shall contain the dates and method by which the parties met and conferred otherwise it will be denied without prejudice to an amended application being filed after counsel have completed this process.

Bracket and highlight redacted portions on unredacted copies sent via email.

Source text: ***On the un-redacted copies (sent via e-mail) the parties ARE ORDERED to place in brackets and highlight the portion[s] of the document text and/or exhibits that have been redacted.***

Must justify sealing for each individual item; blanket claims not allowed.

Source text: Sealing must be justified for each individual item to be sealed or redacted; blanket claims of confidentiality are not allowed and will result in a denial of the application to seal.

Non-confidential documents should be redacted rather than fully sealed when possible.

Source text: Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file an unredacted version of the document under seal, and a

Each item must be individually justified for sealing; blanket confidentiality claims are not permitted.

Source text: Sealing must be justified for each individual item; blanket claims of confidentiality will result in the application to seal being denied.

Parties must meet and confer before filing an application to seal.

Source text: The parties must also meet and confer before filing an application to seal.

Sealed documents must be identified by first-listed defendant and case number only on outer envelope.

Source text: The outer envelope containing any document filed under seal or in camera should identify the case title by the first-listed defendant and case number only and should state that the document is being filed under seal or in camera.

Sealed documents with confidential titles require two cover sheets: generic title first, full title second.

Source text: Parties should pay close attention to the title in the caption of every document submitted to the Court for filing under seal. The title of the document will become part itself will be sealed. If the title of the document contains confidential information that should not be reflected on the public docket, parties must submit the document with two cover sheets. The first cover sheet must contain a generic title (e.g.: “SEALED APPLICATION”; “SEALED MOTION”; “SEALED PROPOSED ORDER”; or “SEALED DOCUMENT”), rather than the actual title of the document. The second cover sheet must contain the full, unredacted title of the document. Docket entries for documents filed under seal will include only the generic title.

Must provide factual/legal justification for sealing each document.

Source text: For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification that establishes “good cause” or “compelling reasons” for the information to be protected.

File complete sealed version and redacted public version for authorized sealed portions.

Source text: The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the Court has authorized to be filed under seal.

Each sealed item must be individually justified; blanket confidentiality claims will be denied.

Source text: Sealing must be justified for each individual item: blanket claims of confidentiality will result in the application to seal being denied.

Applications with meritless sealing/redaction requests will be denied.

Source text: An application to seal that includes meritless requests to seal or redact documents will be denied.

Meet and confer required before filing sealing application.

Source text: The parties also must meet and confer before filing an application to seal.

Redacted documents must include 'REDACTED' in caption and docket text.

Source text: If you are required to file a redacted version of a document, only the portions of the document that are confidential should be redacted. Be sure to add the word REDACTED in the caption of the document and in the docket text of the entry.

Paper filing of sealed documents requires sealed envelopes with title page and PDF on CD.

Source text: If you cannot file a sealed document electronically due to a technical failure of CM/ECF, you must file it in paper pursuant to L.R. 5-4.6.2. The original and the judge’s copy of all such documents must be submitted for filing in separate sealed envelopes, with a copy of the title page attached to the front of each envelope. An additional copy must be provided in PDF format on a CD. L.R. 79-5.2.

Application and proposed order are publicly viewable; declaration and unredacted documents are sealed.

Source text: The rule specifies that the Application, the proposed order, and the redacted documents will be publicly viewable, while the declaration and the unredacted documents will not.

File Application/proposed order/redacted docs via non-sealed event; declaration/unredacted docs via sealed event.

Source text: Accordingly, you must file the Application, the proposed order, and any redacted documents using one, non-sealed, event (“Leave to File Under Seal”), and the declaration and unredacted documents using another, sealed event (“Sealed Declaration in Support”).

Sealed documents must be served by other means (not via NEF); print and serve NEF, sealed declaration, and unredacted document on opposing counsel.

Source text: Therefore, you must serve all sealed documents by other means. Print the NEF and serve it, the sealed declaration, and the unredacted document on opposing counsel.

Sealed document e-filing requires prior court order granting leave to file under seal.

Source text: Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.

Court order required to file sealed documents; Application for Leave to File Under Seal needed if no order exists.

Source text: 7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Document upload screen must turn red to confirm filing under seal.

Source text: 8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Document again.

Sealed documents must be linked to an existing order granting leave to file under seal.

Source text: You must next link your Sealed Document to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.”

Sealed documents are restricted from viewing and not accessible through NEF.

Source text: Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing.

Sealed documents must be served by printing NEF and serving both NEF and sealed document on opposing counsel.

Source text: Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Local Rule requires court order to file any sealed document; statute authorization alone is insufficient.

Source text: Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Sealed documents must be served by other means; print and serve NEF with sealed document.

Source text: Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Document upload screen must turn red to confirm sealed filing.

Source text: If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. The next screen is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Opposition again.

Document upload screen must turn red to confirm filing under seal; if not red, restart the docketing process.

Source text: If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Reply again.

Sealed Reply must be linked to an Order granting leave to file under seal; docketing stops if no such order exists.

Source text: The Sealed Reply you are filing must also be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.”

Sealed documents must be served by other means; print NEF and serve with sealed document.

Source text: Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Meet and confer 7 days before filing under seal, non-proposing party confirms within 2 days

Source text: Counsel shall comply with Local Rule 79-5. All applications to file under seal must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding. Counsel are ordered to meet and confer in person or by telephone at least seven (7) calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing. Not later than two (2) calendar days after the meet-and-confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing. Any application for under seal filing, whether or not opposed, shall contain the dates and method by which the parties met and conferred. If such information is not provided, the application will be denied without prejudice to an amended application being filed that complies with the foregoing terms.

Under seal application filed on public docket with proposed order and declaration

Source text: The application for leave to file under seal shall be filed on the public docket and shall attach a proposed order pursuant to Local Rule 5-4.4.1 and Local Rule 5-4.4.2. Any declaration that supports the application also shall be attached to the application unless it contains confidential information. The declaration shall be filed under seal as its own docket entry if it contains confidential information.

Unredacted documents filed under seal with "Unredacted" or "Sealed" in title, marked with highlighting/brackets

Source text: The unredacted version of any document(s) shall be filed under seal. It may be attached to the declaration that supports the application, if the declaration is sealed and is filed as its own docket entry. Otherwise, it shall be filed as its own docket entry. The title shall include “Unredacted” or “Sealed” as the first word of the title of the document. Any sealed document must mark the information that is confidential or privileged clearly via highlighting in color and/or using brackets.

If granted, file unredacted version (marked) and redacted version (blacked out or page inserted)

Source text: The Court will review the submitted documents and make a determination as to whether the document(s) can be sealed and filed on the docket. If the application is granted, counsel shall file: (a) The unredacted version of the entire document as its own docket entry. The title shall include “Unredacted” or “Sealed” as the first word of the title of the document. Any information that has been redacted or omitted from the public filing must be clearly marked via highlighting in color and/or using brackets. (b) The redacted version of the entire document as its own docket entry. Unless otherwise stated in the order granting the application, a redacted version is required of all sealed documents. The title shall include “Redacted” as the first word of the title of the document. Any information that is confidential or privileged must be blacked out or a page shall be inserted with the title of the document that indicates that the entire document is sealed.

Sealing applications require meet and confer 7 days prior to filing; non-proposing party must respond within 2 days after meet-and-confer.

Source text: Counsel shall comply with Local Rule 79-5. All applications to file under seal must provide the reason(s) why the parties' interest in maintaining the confidentiality of the document(s) outweighs the public's right of access to materials submitted in connection with a judicial proceeding. Counsel are ordered to meet and confer in person or by telephone at least seven (7) calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing. Not later than two (2) calendar days after the meet-and-confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing. Any application for under seal filing, whether or not opposed, shall contain the dates and method by which the parties met and conferred.

Unredacted versions must be filed under seal with title prefix "Unredacted" or "Sealed"; confidential information must be marked via highlighting in color and/or brackets.

Source text: The unredacted version of any document(s) shall be filed under seal. It may be attached to the declaration that supports the application, if the declaration is sealed and is filed as its own docket entry. Otherwise, it shall be filed as its own docket entry. The title shall include "Unredacted" or "Sealed" as the first word of the title of the document. Any sealed document must mark the information that is confidential or privileged clearly via highlighting in color and/or using brackets.

If sealing granted, must file both unredacted (under seal) and redacted (public) versions with specific title prefixes and marking requirements.

Source text: If the application is granted, counsel shall file: (a) The unredacted version of the entire document as its own docket entry. The title shall include "Unredacted" or "Sealed" as the first word of the title of the document. Any information that has been redacted or omitted from the public filing must be clearly marked via highlighting in color and/or using brackets. (b) The redacted version of the entire document as its own docket entry. Unless otherwise stated in the order granting the application, a redacted version is required of all sealed documents. The title shall include "Redacted" as the first word of the title of the document. Any information that is confidential or privileged must be blacked out or a page shall be inserted with the title of the document that indicates that the entire document is sealed.

File both complete and redacted versions when possible.

Source text: Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with reasonable amount of effort. The parties should file both documents; complete versions of the pleadings and documents under seal, and a redacted version for public viewing, omitting only such portions as the Court has ordered may be filed under seal.

Redacted portions must be bracketed and highlighted on unredacted copies.

Source text: ***On the un-redacted copies (sent via email and the Chambers’ copy, the parties ARE ORDERED to place in brackets and highlight the portion[s] of the document text and/or exhibits that have been redacted.***

Each sealed item must be individually justified; blanket claims not allowed.

Source text: Sealing must be justified for each individual item to be sealed or redacted; blanket claims of confidentiality are not allowed and will result in a denial of the application to seal.

Application and proposed order are public; declaration and sealed documents are not.

Source text: The Application, the proposed order, any redacted documents, and the text of the docket entry itself will be visible to the public, so be sure to draft them accordingly. The declaration and the document(s) proposed to be filed under seal will not be publicly viewable.

Only specific sealed docket entries create sealed documents.

Source text: Only documents properly filed using specific sealed docket entries are SEALED upon submission. The events are located on the “Under Seal Filing Events” menu found under the “Under Seal Filings” heading on the CIVIL docketing menu. The following sealed civil events are available for your use:  Leave for In Camera Review  Leave to File Document Under Seal  Sealed Declaration in Support  Sealed Document  Sealed Motion (Generic sealed motion type event)  Sealed Opposition  Sealed Reply

Redacted documents must have 'REDACTED' in caption and docket text.

Source text: If you are required to file a redacted version of a document, only the portions of the document that are confidential should be redacted. Be sure to add the word REDACTED in the caption of the document and in the docket text of the entry.

Paper filing of sealed documents requires sealed envelopes and PDF on CD.

Source text: If you cannot file a sealed document electronically due to a technical failure of CM/ECF, you must file it in paper pursuant to L.R. 5-4.6.2. The original and the judge’s copy of all such documents must be submitted for filing in separate sealed envelopes, with a copy of the title page attached to the front of each envelope. An additional copy must be provided in PDF format on a CD. L.R. 79-5.2.

Application and redacted documents are public; declaration and unredacted documents are sealed.

Source text: The rule specifies that the Application, the proposed order, and the redacted documents will be publicly viewable, while the declaration and the unredacted documents will not.

Court order required to file any sealed document; Application for Leave to File Under Seal needed if no order obtained.

Source text: 7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Document upload screen must turn red to confirm filing under seal.

Source text: 8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Document again.

Sealed documents must be linked to an Order granting leave to file under seal.

Source text: 11. The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal. First, however, you will be presented with the option to link this Sealed Document to another document previously filed in the case. For instance, if the Sealed Document being filed is an exhibit to a summary judgment motion, check the box indicating that the document should be linked to another document in the case. If the Sealed Document does not need to be linked to another document, leave the box unchecked, and click “Next” to bypass the linking screen.

Sealed documents must be linked to an order granting leave to file under seal.

Source text: You must next link your Sealed Document to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.”

Document caption must be entered without confidential information.

Source text: On the next screen, enter the document caption in the free text field. Remember that this text will be publicly visible, so do not include confidential information here. Click “Next.”

Do not use back button after clicking next during sealed document filing.

Source text: The next screen will display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error.

Sealed documents must be served by printing NEF and serving sealed document on opposing counsel.

Source text: Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Local Rule requires court order to authorize filing of any sealed document.

Source text: Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Sealed documents must be served by other means despite NEF distribution.

Source text: Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Sealed Opposition event requires prior court order granting leave to file under seal.

Source text: Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.

Sealed documents must be served by other means; print and serve NEF with sealed document.

Source text: Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Application for Leave for In Camera Review is publicly visible; confidential documents must be delivered directly to judge's chambers if granted.

Source text: Remember that this event is NOT restricted. Your Application for Leave for In Camera Review will be publicly visible, so do not include confidential information, and do not attach the documents you wish the Court to review in camera. If your Application is granted, you will be responsible for delivering copies of the documents directly to the judge’s chambers, in accordance with the judge’s procedures.

Sealed chambers copies must be placed in manilla envelope labeled “UNDER SEAL.”

Source text: Chambers copies of under seal documents shall be placed together in a manilla envelope labeled “UNDER SEAL.”

Documents must be narrowly tailored when filed under seal with good cause.

Source text: Parties are reminded that court proceedings are presumptively public, and no document shall be filed under seal without request for a court order that is narrowly tailored to cover only the document, the particular portion of the document, or category of documents for which good cause exists for filing under seal.

Declaration establishing good cause must be filed within 5 days of service request for sealing.

Source text: If the sole ground for the sealing order is that the opposing party (or a non-party) has designated the document as confidential, the opposing party (or non-party) shall file a declaration establishing good cause for the sealing along with a proposed order, or shall withdraw the designation. The declaration shall be filed within five days of service on the opposing party (or non-party) of the request for a sealing order.

Confidential documents in case-dispositive motions must meet 'compelling reasons' test.

Source text: The Court cautions parties that documents designated as confidential that are attached as exhibits to case-dispositive motions, or redacted portions of case-dispositive briefs that contain confidential information, must meet the high 'compelling reasons' test articulated in Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122 (9th Cir. 2003).

Documents lose confidential status if offered as trial exhibits without 'most compelling' reasons.

Source text: Notwithstanding any provision of a protective order to the contrary, any document, whether previously designated confidential or previously sealed, will be unsealed and will lose its confidential status if offered as an exhibit at trial, absent a showing of the 'most compelling' reasons.

Written request for extraordinary measures must be filed by pretrial papers deadline.

Source text: Any party believing that a document, portions thereof, or witness testimony should remain confidential or sealed during trial must request in advance of trial that the court take extraordinary measures, such as closing the courtroom to the public or sealing the trial transcript, to protect the confidentiality of that information. The request must be made in writing and filed no later than the date on which pretrial papers are due.

Counsel must identify unsealed trial exhibits on docket within 2 business days after trial.

Source text: If previously sealed documents are ordered unsealed for use at trial, counsel for the party offering the document as evidence shall, within two business days of the conclusion of the trial, identify which entries on the docket represent the exhibit actually received.

Limit number and volume of seal filings; strong presumption of access in civil cases.

Source text: Parties must make every effort to limit the number and volume of under seal filings. There is a strong presumption of access in civil cases.

Rejected documents will be destroyed unless retrieved within 5 days.

Source text: REJECTED DOCUMENTS WILL BE DESTROYED UNLESS COUNSEL CONTACTS THE CLERK WITHIN FIVE (5) DAYS TO RETRIEVE THE DOCUMENTS.

Rejected documents will be destroyed unless retrieved from clerk within 5 days.

Source text: REJECTED DOCUMENTS WILL BE DESTROYED UNLESS COUNSEL CONTACTS THE CLERK WITHIN 5 DAYS TO RETRIEVE THE DOCUMENTS.

Proposed redactions must be highlighted in the under-seal version.

Source text: Any proposed redactions must be highlighted in the under seal version of the document so that the Court may readily determine what information the party or parties seek to maintain as confidential.

If the interested party misses the two-day declaration deadline, the filing party need not file an application to seal and may file publicly with a declaration of compliance.

Source text: If the interested party fails to file a Declaration within this two-day period, the filing party is relieved of any obligation to file an application to seal and may publicly file the documents along with a Declaration of Compliance with this paragraph.

Strong presumption of public access to civil case records; different standards for non-dispositive vs dispositive motions

Source text: There is a strong presumption that the public has a right of access to records in civil cases. For non-dispositive motions, the party seeking to maintain the confidentiality of the document(s) or portions thereof must show good cause. For dispositive motions, the party seeking protection must articulate compelling reasons for maintaining the confidentiality of the document(s) and must seek relief that is narrowly tailored to the protected interest. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010).

Protective Orders or Confidentiality Orders do not permit under seal filings; applications based solely on these will be denied

Source text: The existence of a Protective Order, a Stipulated Confidentiality Order, or the like, issued by the assigned Magistrate Judge relating to the treatment of documents produced during discovery, does not constitute a court Order permitting an under seal filing. An application to seal that is based solely on the existence of such an Order will be summarily denied.

Under seal filings require specific basis for protection, not just protective orders.

Source text: Stipulated Protective orders or confidentiality orders generally do not control under seal filings. Applications for under seal filings must state with specificity the basis for protection and should not rely exclusively on the existence of a protective order.

Blanket confidentiality claims are prohibited; each item must be individually justified.

Source text: Sealing must be justified for each individual item: blanket claims of confidentiality will result in the application to seal being denied.

Avoid sealing applications, declarations, and orders unless they contain sealable information; overbroad requests may be denied.

Source text: Where possible, counsel (and pro se litigants) must avoid requesting the sealing of the application to seal, supporting declarations, and proposed order1 unless those documents also contain information that should be sealed. Overbroad requests to seal applications, declarations, and orders may be summarily denied.

Chambers copies will be destroyed if not picked up within 24 hours of seal denial.

Source text: If counsel opt for (b) above and do not contact the Courtroom Deputy Clerk within 24 hours, the documents will be destroyed.

Sealing applications require good cause; most documents must be partially redacted.

Source text: Counsel are directed to consider carefully whether to seek leave to file documents under seal. The procedure for obtaining leave is lengthy. Applications must in all instances be supported by good cause, and at times are subjected to an even higher standard. Most of the time, documents may not be filed under seal in their entirety, and appropriately redacted documents must still be filed on the public docket.

Sealing requires good cause for non-dispositive motions, compelling reasons for dispositive motions.

Source text: Counsel are reminded that there is a strong presumption that the public has a right of access to records in civil cases. For materials related to non-dispositive motions, the Designating Party must show good cause for the materials to be filed and maintained under seal. For materials related to dispositive motions, the standard is higher, and the Designating Party must articulate compelling reasons for maintaining the confidentiality of the document(s) and must seek relief that is narrowly tailored to the protected interest. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 667-79 (9th Cir. 2010).

Parties must follow Local Rule 79-5 and the Guide to Electronically Filing Under-Seal Documents when seeking leave to file under seal.

Source text: When seeking leave to file any material under seal in a civil case, the parties and counsel are directed to fully comply with all steps of the multi-step procedure set forth in Local Rule 79-5. The parties are directed to follow the instructions in the Guide to Electronically Filing Under-Seal Documents in Civil Cases which is attached in PDF format to Judge Staton's Procedures web page.

Sealing requires good cause for non-dispositive motions and compelling reasons for dispositive motions, with narrowly tailored relief.

Source text: Counsel are reminded that there is a strong presumption that the public has a right of access to records in civil cases. For materials related to non-dispositive motions, the Designating Party must show good cause for the materials to be filed and maintained under seal. For materials related to dispositive motions, the standard is higher, and the Designating Party must articulate compelling reasons for maintaining the confidentiality of the document(s) and must seek relief that is narrowly tailored to the protected interest.

Strong presumption of access in civil actions; frivolous/overly broad sealing motions subject to sanctions.

Source text: There is a strong presumption of access in civil actions. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). Parties that submit frivolous motions to seal or overly broad motions will be subject to sanctions.

Generic 'competitive harm' claims are almost always insufficient for sealing.

Source text: Generic and vague references to 'competitive harm' are almost always insufficient justification for sealing.

Overbroad sealing requests may be denied entirely and placed on public docket.

Source text: If a party files a request to seal that is significantly overbroad and/or does not provide adequate reasons for concealing information from the public, the party bears the risk that the Court will simply deny the request in its entirety and place all documents sought to be sealed on the public docket.

Applications with meritless sealing/redaction requests will be denied.

Source text: An application to seal that includes meritless requests to seal or redact documents will be denied.

Redact confidential portions instead of sealing entire documents when possible.

Source text: Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file both documents—a complete version of the pleadings and document(s) under seal, and a redacted version for public viewing—omitting only such portions as the Court has ordered may be filed under seal.

Must comply with redaction requirements of Fed. R. Crim. P. 49.1 and Local Crim. R. 49.1-1.

Source text: Counsel shall take care to ensure full compliance with the redaction requirements of Federal Rule of Criminal Procedure 49.1 and Local Criminal Rule 49.1-1.

Parties must meet and confer at least 7 days before filing a sealing application.

Source text: Counsel are ordered to meet and confer in person or by telephone at least seven calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing.

Closely related materials with mixed sealing status must be treated as single document with both sealed and redacted docket entries containing all attachments.

Source text: Closely related materials filed at the same time where some are proposed to be filed under seal and others will not be sealed shall be considered as a single document and filed as a single docket entry containing multiple attachments. For example, if certain exhibits to a declaration are to be filed under seal, even if other exhibits or the declaration are not, the entire document for which permission to seal should be sought is the declaration and all exhibits. The docket shall therefore include: i. One unredacted, sealed docket entry containing the declaration with all exhibits, including sealed exhibits, filed as an attachment to the declaration; and ii. a separate, redacted docket entry containing the declaration with all exhibits, including redacted exhibits, filed as an attachment to the declaration.

Document titles appear on public docket even when sealed.

Source text: Please note: The title of the pleading will be placed on the public docket entry. For example: “Declaration of John Doe, Exhibit A.” If approved, the document itself will be sealed and not viewable by the public, but the entry (title) will be viewable.

Document titles appear on public docket even when sealed.

Source text: IMPORTANT NOTICE FOR ANYONE FILING DOCUMENTS UNDER SEAL IN A CRIMINAL CASE: Please pay attention to the TITLE in the caption of every document you submit to the Court for filing under seal. The title of your document will become part of the PUBLIC docket text when that document is entered on the docket, even though the document itself is sealed.

Docket entry text for sealed documents is public even if document is sealed.

Source text: When electronically filing a sealed document, remember, the DOCKET ENTRY can be viewed by the public, even though the attached DOCUMENT will be sealed.

Limit under seal filings to specific portions with valid basis; minimize number and volume.

Source text: Judge Anderson’s procedures for under seal filings differ in certain respects from those contained in the Central District of California’s Local Rules. Parties shall make every effort to limit the number and volume of under seal filings. In most circumstances, parties should seek to file under seal only the specific portions of exhibits or documents for which there is a valid basis for filing under seal.

Under seal filings should be limited to specific portions with valid basis; memoranda under seal are disfavored.

Source text: Parties shall make every effort to limit the number and volume of under seal filings. In most circumstances, parties should seek to file under seal only the specific portions of exhibits or documents for which there is a valid basis for filing under seal. Requests to file memoranda of points and authorities under seal are disfavored.

Limit under seal filings to specific portions; memoranda under seal are disfavored.

Source text: Parties shall make every effort to limit the number and volume of under seal filings. In most circumstances, parties should seek to file under seal only the specific portions of exhibits or documents for which there is a valid basis for filing under seal. Requests to file memoranda of points and authorities under seal are disfavored.

Under seal filings should be limited; only specific portions with valid basis; memoranda under seal are disfavored.

Source text: Parties shall make every effort to limit the number and volume of under seal filings. In most circumstances, parties should seek to file under seal only the specific portions of exhibits or documents for which there is a valid basis for filing under seal. Requests to file memoranda of points and authorities under seal are disfavored.

Consider carefully if sealing/redaction is absolutely required; meritless requests will be denied

Source text: Counsel are strongly encouraged to consider carefully whether sealing or redaction is absolutely required for a given piece of evidence or argument. An application to seal that includes meritless requests to seal or redact documents will be denied.

Sentencing documents generally cannot be filed under seal except per Section 1(D) standards.

Source text: The Court does not permit sentencing documents to be filed under seal except those that comply with the standards discussed above in Section 1(D).

Redact confidential portions instead of sealing entire document when possible.

Source text: Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with reasonable amount of effort.

Meritless sealing requests may result in complete rejection of application.

Source text: The inclusion of clearly meritless requests to seal or redact documents may result in the complete rejection of an application to seal.

Protective orders cannot allow filing under seal without court order for dispositive motions, class certification, or trial.

Source text: Such orders should not purport to allow, without further order of the Court, the filing under seal of pleadings or documents filed in connection with a dispositive motion, a class certification motion, or trial before the Court.

Sentencing documents may be filed under seal only when strictly necessary with redacted version.

Source text: The Court does not permit sentencing documents to be filed under seal except as strictly necessary and justified. When necessary, a sentencing document may be filed under seal along with a redacted version that deletes the confidential information and that justifies each deletion (e.g., “medical information”).

Application, proposed order, redacted documents and docket entry are public; declaration and sealed documents are not.

Source text: The Application, the proposed order, any redacted documents, and the text of the docket entry itself will be visible to the public, so be sure to draft them accordingly. The declaration and the document(s) proposed to be filed under seal will not be publicly viewable.

Meritless sealing requests may result in complete rejection.

Source text: The inclusion of clearly meritless requests to seal or redact documents may result in the complete rejection of an application to seal.

Docket entries for sealed documents are public even if the document is sealed.

Source text: When electronically filing a sealed document, remember, the DOCKET ENTRY can be viewed by the public, even though the attached DOCUMENT will be sealed.

Warning message must be acknowledged during sealed document filing.

Source text: Note the warning message on the following screen, and click “Next.”

Confidential documents failing compelling reasons test may be re-designated as public.

Source text: Documents designated as confidential in conjunction with case-dispositive motions or briefs that do not satisfy the compelling reasons test may accordingly be re-designated as public information upon proper request.

Document titles will be public even if documents are sealed.

Source text: Please note: The title of the pleading will be placed on the public docket entry. For example: "Declaration of John Doe, Exhibit A." If approved, the document itself will be sealed and not viewable by the public, but the entry (title) will be viewable.

Document titles appear on public docket even if sealed.

Source text: The title of the pleading will be placed on the public docket entry. For example: "Declaration of John Doe, Exhibit A." If approved, the document itself will be sealed and not viewable by the public, but the entry (title) will be viewable.

Sentencing documents generally not under seal; file redacted version with explanation; seek leave for entire document under seal.

Source text: Sentencing is a matter of significant public interest and concern. Generally, the public has a right to know the basis on which the Court makes sentencing determinations. Therefore, the Court discourages under seal filings of entire sentencing documents. Sentencing documents may be filed under seal along with a redacted version that deletes only information that is properly filed under seal, and an explanation of the basis for each document or portion deleted, e.g., medical information, private information relating to family members (which explanation may be filed under seal). If all or nearly all of the sentencing position contains such information, counsel may seek leave to file the entire document under seal.

Sentencing documents generally public; under seal filings discouraged except for properly protected information with redacted version.

Source text: Sentencing is a matter of significant public interest and concern. Generally, the public has a right to know the basis on which the Court makes sentencing determinations. Therefore, the Court discourages under seal filings of entire sentencing documents. Sentencing documents may be filed under seal along with a redacted version that deletes only information that is properly filed under seal, and an explanation of the basis for each document or portion deleted, e.g., medical information, private information relating to family members (which explanation may be filed under seal). If all or nearly all of the sentencing position contains such information, counsel may seek leave to file the entire document under seal.

Sealed documents are not viewable by public, but entry title remains viewable.

Source text: “Declaration of John Doe, Exhibit A.” If approved, the document itself will be sealed and not viewable by the public, but the entry (title) will be viewable.

Sealed filings are permitted.

Source text: Filings Under Seal ...................................................................................... 15

Denied seal applications result in deletion of emailed files; no public filing.

Source text: If the application to seal is DENIED, the CRD will delete the emailed PDF file(s). The CRD will not file any document(s) on the public docket.

Use “in camera” for documents submitted solely for Court’s review; avoid “under seal” and “ex parte”.

Source text: Always use the term “in camera” where a document is to be submitted solely for the Court’s review. Use of the terms “under seal” and “ex parte” must not be used when the term “in camera” is more appropriate.

In camera documents must be labeled “in camera” on first page; red text or highlighting encouraged.

Source text: Procedures for in camera review are set forth in Local Civil Rule 79-6. Documents submitted in camera are not always filed, but when they are, they are almost always filed and maintained under seal. Therefore, in camera documents are subject to these procedures. Each document must be conspicuously labeled as “in camera” on the first page. Marking them on every page (in the footer) as “in camera” is also suggested. The use of red text or highlighting is encouraged.

Sealed documents may be unsealed later if legal standards require.

Source text: In all instances, sealed documents are subject to unsealing at a later date when the relevant legal standards so require.

Paper copies and mandatory chambers copies not required for under-seal filings.

Source text: Notwithstanding Local Criminal Rule 49-1.2(b)(3) and Local Civil Rule 5-4.5, and in the absence of a case-specific order to the contrary, the parties need not submit paper copies of any documents to be filed under seal (or of any accompanying applications and declarations). Mandatory chambers copies need not be provided.

Inadvertent failures to designate do not waive protection; recipients must treat material according to the order upon correction.

Source text: An inadvertent failure to designate does not, standing alone, waive protection under this Order. Upon timely assertion or correction of a designation, all recipients must make reasonable efforts to ensure that the material is treated according to this Order.

Challenges to confidentiality designations must follow Local Rules 37-1 through 37-4.

Source text: All challenges to confidentiality designations shall proceed under Local Rule 37-1 through Local Rule 37-4.

Designated material may only be used for this litigation and disclosed to specified categories of persons.

Source text: A receiving party may use designated material only for this litigation. Designated material may be disclosed only to the categories of persons and under the conditions described in this Order.

CONFIDENTIAL material may be disclosed without further approval only to specified categories of persons who have signed the Agreement to Be Bound.

Source text: Unless otherwise ordered by the Court or permitted in writing by the designator, a receiving party may disclose any material designated CONFIDENTIAL only to: 4.2.1 The receiving party's outside counsel of record in this action and employees of outside counsel of record to whom disclosure is reasonably necessary; 4.2.2 The officers, directors, and employees of the receiving party to whom disclosure is reasonably necessary, and who have signed the Agreement to Be Bound (Exhibit E-1); 4.2.3 Experts retained by the receiving party's outside counsel of record to whom disclosure is reasonably necessary, and who have signed the Agreement to Be Bound (Exhibit E-1); 4.2.4 The Court and its personnel; 4.2.5 Outside court reporters and their staff, professional jury or trial consultants, and professional vendors to whom disclosure is reasonably necessary, and who have signed the Agreement to Be Bound (Exhibit E-1); 4.2.6 During their depositions, witnesses in the action to whom disclosure is reasonably necessary and who have signed the Agreement to Be Bound (Exhibit E-1); and 4.2.7 The author or recipient of a document containing the material, or a custodian or other person who otherwise possessed or knew the information.

HIGHLY CONFIDENTIAL material may be disclosed without further approval only to specified categories of persons who have signed the Agreement to Be Bound.

Source text: Unless permitted in writing by the designator, a receiving party may disclose material designated HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL – SOURCE CODE without further approval only to: 4.3.1 The receiving party's outside counsel of record in this action and employees of outside counsel of record to whom it is reasonably necessary to disclose the information; 4.3.2 The Court and its personnel; 4.3.3 Outside court reporters and their staff, professional jury or trial consultants, and professional vendors to whom disclosure is reasonably necessary, and who have signed the Agreement to Be Bound (Exhibit E-1); and 4.3.4 The author or recipient of a document containing the material, or a custodian or other person who otherwise possessed or knew the information.

Disclosure of HIGHLY CONFIDENTIAL material to in-house counsel or experts requires written agreement from the designator.

Source text: Unless agreed to in writing by the designator:

Archival copies of certain materials may be retained despite containing designated material.

Source text: This provision shall not prevent counsel from retaining an archival copy of all pleadings, motion papers, trial, deposition and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if such materials contain designated material. Any such archival copies remain subject to this Order.

Non-confidential documents should be redacted, not sealed, if feasible.

Source text: Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort.

Counsel must carefully consider whether sealing or redaction is absolutely required.

Source text: Counsel must consider carefully whether sealing or redaction is absolutely required for a given piece of evidence or argument.

Sealed documents are not viewable by public, but titles appear on docket entries.

Source text: If the sealing request is approved, the document itself will be sealed and not viewable by the public. However, the title that you insert on the caption of the sealed document will be viewable on the docket entry. For example, the public docket entry would read as follows: “Declaration of John Doe, Exhibit A.” Therefore, you should be circumspect about the title of the document if that may reveal confidential information.

Sealed documents are not viewable but title appears on public docket.

Source text: If the sealing request is approved, the document itself will not be viewable by the public, but the title of the pleading will be placed on the public docket and viewable (e.g., “Declaration of John Doe, Exhibit A”).

Local Rule 79-5 governs filing documents under seal.

Source text: Local Rule 79-5 governs applications to file documents under seal. Local Rule 79-5.2.2 explains how to apply to file under seal and how to proceed if leave is granted. Parties must comply with all provisions of Local Rule 79-5.

Joint application to seal encouraged for multiple sealing requests.

Source text: If the parties intend to file multiple applications to seal, they are encouraged to file a joint application to seal that identifies (1) the record evidence that all parties agree should be sealed and (2) the record evidence each party separately desires to be sealed.

Mediation statements are confidential and must not be filed.

Source text: Mediation statements shall be subject to the protection afforded by the confidentiality provisions contained in section 9 below. Mediation statements must not be filed and the assigned judge shall not have access to them.

Confidentiality exceptions for stipulated disclosures.

Source text: This rule does not prohibit: (a) disclosures as may be stipulated by all parties and the mediator; (b) disclosures as may be stipulated by all parties, without the consent of the mediator, for use in a subsequent confidential

Discovery cannot be withheld for confidentiality without court order; Standing Protective Order governs unless modified.

Source text: Absent a Court order, discovery cannot be withheld on the basis of confidentiality. The Court's Standing Protective Order shall govern discovery unless the Court enters a different protective order, which may be entered by the assigned Magistrate Judge without further order from the District Judge.

Local Rule 79-5 governs filing documents under seal.

Source text: Local Rule 79-5 governs applications to file documents under seal. Local Rule 79-5.2.2 explains how to apply to file under seal and how to proceed if leave is granted. Parties must comply with all provisions of Local Rule 79-5.

Counsel should carefully consider if sealing/redaction is absolutely necessary.

Source text: Counsel is strongly encouraged to consider carefully whether sealing or redaction is absolutely required for a given piece of evidence or argument.

Sealed documents are restricted from viewing through NEF.

Source text: Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing.

Sealed documents filed in CM/ECF are only viewable by the filing attorney and court personnel.

Source text: A sealed document filed in CM/ECF cannot be viewed remotely on PACER or on the Clerk’s Office public terminals by anyone other than Court personnel, with one exception. The individual attorney who e-filed that sealed document will be able to access it, but no other CM/ECF users, even attorneys of record in the same case or for the same party, will be able to view the document.

CM/ECF screen turns red when using sealed document events.

Source text: During the docketing process for any of the events on the “Under Seal Filing Events” menu, the screen will eventually turn RED. This is the indication that you are using a sealed document event. If the screen does not turn red, STOP immediately. You will need to start your docket entry over to ensure you are using the proper sealed document event.

Service reminder must be reviewed during sealed document filing.

Source text: Review the REMINDER message regarding service on the next screen. Click “Next.”