Central District of California Sealing & Redaction Procedures

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.”

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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").

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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).

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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").

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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).

CRITICALCriminal cases

REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND PROPOSED ORDER: Electronically file the application to seal and/or declaration giving notice or proof of service. During the electronic filing process, attach the proposed order to the application. See Local Rule 5-4.4.1.

REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND PROPOSED ORDER: Electronically file the application to seal and/or declaration giving notice or proof of service. During the electronic filing process, attach the proposed order to the application. See Local Rule 5-4.4.1.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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

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

CRITICALCriminal cases

To seal the application, proposed order, and documents, file a notice of manual filing and email all materials to chambers.

REQUEST TO SEAL THE APPLICATION, PROPOSED ORDER AND DOCUMENT(S): Electronically file a NOTICE Of MANUAL FILING indicating that an application to seal, declaration giving notice or proof of service, proposed order sealing and under seal documents have been submitted to the Court.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

The Sealed Motion you are filing must be linked to an Order granting leave to file the document under seal.

CRITICALCivil cases

Sealed documents must be linked to the court order granting permission.

Any document filed under seal must also be linked to the court order granting permission to so file.

CRITICALCivil cases

A court order is required before filing any sealed document.

Before filing any sealed document, you must have leave of court. Even if a statute or rule authorizes the filing of a particular document under seal, you must obtain a court order in the case in which you plan to file that document.

CRITICALCivil cases

After obtaining leave, the party must file the document under seal or cannot rely on it.

If you obtain leave to file a document under seal, you must follow through and file it under seal, or you will not be able to rely on the document in the case.

CRITICALCivil cases

Sealed documents are filed in a two-step process: first file an Application and unsealed attachments, then file a Declaration and sealed attachments.

The docketing sequence for the first step of this two-step process (i.e., filing the Application and unsealed attachments) has been completed. You must now continue to the second step (filing the Declaration and sealed attachments) to complete the process.

CRITICALCivil cases

Application for Leave to File Under Seal requires declaration, proposed order, redacted and unredacted versions; public documents filed via non-sealed event and sealed documents via sealed event.

Electronically filing an Application for Leave to File Under Seal is a two-step process. Local Rule 79-5.2.2 requires that certain documents be filed with the Application: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of any documents proposed to be filed under seal. 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. 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”).

CRITICALCivil cases

A sealed document may only be e-filed using the Sealed Document event if a court order granting leave to seal has already been obtained.

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.

CRITICALCivil cases

A court order is required to file any sealed document; if no order exists, an Application for Leave to File Under Seal must be filed first.

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.

CRITICALCivil cases

When filing under seal with a court order, the upload screen must turn red; if not, stop and restart the process.

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

A court order is required before filing any sealed document; if no order exists, an Application for Leave to File Under Seal must be filed first.

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.

CRITICALCivil cases

A Sealed Opposition must be linked to the related motion and to an Order granting leave to file under seal.

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."

CRITICALCivil cases

A court order is required before filing any sealed document.

Note that the Local Rule requires a court order to authorize the filing of any sealed document.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

The Application for Leave for In Camera Review is a public filing; do not include confidential information or attach the in camera documents. If granted, deliver the documents to chambers per judge's procedures.

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.

CRITICALCivil cases

When filing a sealed declaration, the upload screen must turn red; if not, stop and restart the process.

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 Declaration in Support again.

CRITICALCivil cases

If no court order exists, an Application for Leave to File Under Seal must be filed before proceeding.

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.

CRITICALCivil cases

A sealed document must be linked to an order granting leave to file it under seal.

The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal.

CRITICALCivil cases

A court order granting leave is required before e-filing a motion under seal.

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

CRITICALCivil cases

The sealed reply must be linked to the order granting leave to file under seal.

The Sealed Reply you are filing must also be linked to an Order granting leave to file the document under seal.

CRITICALCriminal cases

An application to file documents under seal must meet the requirements of Local Rule 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 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. ***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.***

An application to file documents under seal must meet the requirements of Local Rule 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 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. ***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.***

CRITICALCriminal cases

An application to file documents under seal must meet the requirements of Local Rule 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 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. ***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.***

An application to file documents under seal must meet the requirements of Local Rule 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 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. ***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.***

CRITICALCivil cases

Sealed documents must be linked to the court order granting permission.

Any document filed under seal must also be linked to the court order granting permission to so file.

CRITICALCivil cases

A court order is required before filing any sealed document.

Before filing any sealed document, you must have leave of court. Even if a statute or rule authorizes the filing of a particular document under seal, you must obtain a court order in the case in which you plan to file that document.

CRITICALCivil cases

After obtaining leave, the party must file the document under seal or cannot rely on it.

If you obtain leave to file a document under seal, you must follow through and file it under seal, or you will not be able to rely on the document in the case.

CRITICALCivil cases

Sealed documents are filed in a two-step process: first file an Application and unsealed attachments, then file a Declaration and sealed attachments.

The docketing sequence for the first step of this two-step process (i.e., filing the Application and unsealed attachments) has been completed. You must now continue to the second step (filing the Declaration and sealed attachments) to complete the process.

CRITICALCivil cases

Application for Leave to File Under Seal requires declaration, proposed order, redacted and unredacted versions; public documents filed via non-sealed event and sealed documents via sealed event.

Electronically filing an Application for Leave to File Under Seal is a two-step process. Local Rule 79-5.2.2 requires that certain documents be filed with the Application: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of any documents proposed to be filed under seal. 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. 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”).

CRITICALCivil cases

A sealed document may only be e-filed using the Sealed Document event if a court order granting leave to seal has already been obtained.

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.

CRITICALCivil cases

A court order is required to file any sealed document; if no order exists, an Application for Leave to File Under Seal must be filed first.

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.

CRITICALCivil cases

When filing under seal with a court order, the upload screen must turn red; if not, stop and restart the process.

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

A court order is required before filing any sealed document; if no order exists, an Application for Leave to File Under Seal must be filed first.

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.

CRITICALCivil cases

A Sealed Opposition must be linked to the related motion and to an Order granting leave to file under seal.

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."

CRITICALCivil cases

A court order is required before filing any sealed document.

Note that the Local Rule requires a court order to authorize the filing of any sealed document.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

The Application for Leave for In Camera Review is a public filing; do not include confidential information or attach the in camera documents. If granted, deliver the documents to chambers per judge's procedures.

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.

CRITICALCivil cases

When filing a sealed declaration, the upload screen must turn red; if not, stop and restart the process.

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 Declaration in Support again.

CRITICALCivil cases

If no court order exists, an Application for Leave to File Under Seal must be filed before proceeding.

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.

CRITICALCivil cases

A sealed document must be linked to an order granting leave to file it under seal.

The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal.

CRITICALCivil cases

A court order granting leave is required before e-filing a motion under seal.

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

CRITICALCivil cases

The sealed reply must be linked to the order granting leave to file under seal.

The Sealed Reply you are filing must also be linked to an Order granting leave to file the document under seal.

CRITICAL

A protective order alone does not authorize filing documents under seal.

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

CRITICAL

Protective orders cannot authorize sealing for dispositive motions or trial without further Court order.

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.

CRITICAL

Parties must identify and discuss the factual and/or legal justification establishing good cause or compelling reasons for each sealed filing.

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.

CRITICAL

Parties must minimize sealed materials; overbroad or meritless sealing requests may result in the entire application being denied.

blanket claims of confidentiality will be denied. Counsel is strongly encouraged to consider carefully whether sealing or redaction is required for a given piece of evidence or argument. The parties must minimize the materials they seek to file under seal. An application to seal that includes clearly meritless requests to seal or redact documents may be denied in its entirety.

CRITICAL

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

Local Rule 79-5 governs applications to file under seal. Parties must comply with all sections of Local Rule 79-5. The parties must also meet and confer before filing an application to seal.

CRITICAL

Parties must file a complete version under seal and a redacted version for public viewing when only portions are confidential.

Documents that are not confidential or privileged in their entirety must not be filed under seal in their entirety if the confidential portions can be redacted with a reasonable amount of effort. The parties must file a complete version of such documents under seal, and a redacted version for public viewing, redacting only the portions that the Court has ordered may be filed under seal.

CRITICAL

The application to seal must be electronically filed together with proof of service.

Electronically file the application to seal with proof of service.

CRITICALCivil cases

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

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.

CRITICALCriminal cases

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.

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.

CRITICAL

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.

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.

CRITICAL

Meet and confer required before filing sealing application.

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

CRITICAL

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

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

CRITICAL

Applications with meritless sealing/redaction requests will be denied.

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

CRITICALCriminal cases

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.

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.

CRITICAL

Must provide factual/legal justification for sealing each document.

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.

CRITICAL

documents filed under seal or in camera, every document shall be filed electronically in such a way that it is clear from the docketing entry to which defendant(s) it applies. 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.

documents filed under seal or in camera, every document shall be filed electronically in such a way that it is clear from the docketing entry to which defendant(s) it applies. 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.

CRITICAL

Requests to close the courtroom or seal the record for the Rule 11 hearing must be made when checking in on the hearing day.

Any request to close the courtroom or seal the record (in whole or in part) must be made by the requesting party when checking in on the day of the hearing.

CRITICAL

Sentencing documents may only be filed under seal if strictly necessary and justified, and a redacted version with justifications for each deletion must be filed concurrently.

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”).

CRITICAL

Documents with confidential titles must be submitted with two cover sheets (generic first, unredacted second); docket entries use only the generic title.

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.

CRITICAL

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.

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.

CRITICAL

Applications to file documents under seal must comply with Local Rule 79-5 and demonstrate good cause or compelling reasons for sealing.

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. 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). 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. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1179–80 (9th Cir. 2006).

CRITICAL

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

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

CRITICAL

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

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

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

A party seeking sealing must provide competent evidence supporting sealing.

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

A party seeking sealing must provide competent evidence supporting sealing.

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

CRITICALCivil cases

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.

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.

CRITICALCivil cases

Leave of court is required before filing any sealed document, even if a statute or rule authorizes sealing.

Before filing any sealed document, you must have leave of court. Even if a statute or rule authorizes the filing of a particular document under seal, you must obtain a court order in the case in which you plan to file that document.

CRITICALCivil cases

The e-filing screen must turn red for sealed filings; if not, stop and restart the process.

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 Declaration in Support again.

CRITICALCivil cases

Public documents (Application, proposed order, redacted versions) filed via 'Leave to File Under Seal' event; sealed documents (declaration, unredacted versions) filed via 'Sealed Declaration in Support' event.

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. 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”).

CRITICALCivil cases

Sealed documents must be linked to the order granting leave to file under seal during the e-filing process.

The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal.

CRITICALCivil cases

A court order is required to file any sealed document; if not obtained, an Application for Leave to File Under Seal must be filed first.

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.

CRITICALCivil cases

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

You must next link your Sealed Document to an Order granting leave to file the document under seal.

CRITICALCivil cases

A court order is required to file any sealed document; if no order exists, an Application for Leave to File Under Seal must be filed first.

Note that the Local Rule requires a court order to authorize the filing of any sealed document. 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.

CRITICALCivil cases

Sealed motions must be linked to a prior order granting leave to file under seal.

The Sealed Motion you are filing must be linked to an Order granting leave to file the document under seal.

CRITICALCivil cases

To e-file a sealed motion, you must first obtain a court order granting leave to file under seal.

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

CRITICALCivil cases

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.

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.

CRITICALCivil cases

A sealed reply must be linked to the order granting leave to file under seal.

The Sealed Reply you are filing must also be linked to an Order granting leave to file the document under seal.

CRITICALCivil cases

The e-filing screen must turn red to confirm the document will be filed under seal; otherwise the process must stop.

If the screen does not turn red, STOP; your documents will not be filed under seal.

CRITICALCivil cases

When filing a sealed opposition, the upload screen must turn red; if it does not, stop and restart the process.

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.

CRITICALCivil cases

The Application for Leave for In Camera Review is publicly visible and must not contain confidential information or the documents to be reviewed.

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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

Proposed Protective Orders 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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

D. Filings Under Seal ...................................................................................... 15

D. Filings Under Seal ...................................................................................... 15

CRITICALCriminal cases

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

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

CRITICALCriminal cases

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

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”).

CRITICALCriminal cases

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.

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.

CRITICALCriminal cases

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

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

CRITICALCriminal cases

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

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”).

CRITICALCriminal cases

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.

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.

CRITICALCriminal cases

Each item sought to be sealed or redacted must be individually justified; blanket confidentiality claims are prohibited and will result in denial of the sealing application.

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.

CRITICALCriminal cases

Applications to seal (for sealing only certain documents) must indicate which action will be taken if the application is denied: return documents to counsel, clerk destroys chambers copy, or counsel publicly files documents.

Indicate which of the three following actions will be taken if the application is denied: A. The documents should be returned to counsel; B. The clerk will destroy the chambers copy of the document(s); or C. Counsel will publicly file the document(s) for consideration by the Court.

CRITICALCivil cases

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.

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.

CRITICALCriminal cases

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

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.

CRITICALCriminal cases

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.

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.

CRITICALCriminal cases

Redacted portions must be bracketed and highlighted on unredacted copies.

***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).***

CRITICALCivil cases

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

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.”

CRITICALCivil cases

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

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.

CRITICALCriminal cases

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.

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.

CRITICALCriminal cases

Redacted portions must be bracketed and highlighted on unredacted copies.

***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).***

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICAL

Under seal filings must comply with Local Rule 79-5, include individual good cause justification, redacted public versions, and meet and confer before filing.

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. There is a strong presumption of public access in civil actions. 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 information to be protected. Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 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 individual item−blanket claims of confidentiality will result in the application to seal being denied. 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. The parties also must meet and confer before filing an application to seal.

CRITICALCivil cases

Each item must be individually justified for sealing.

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

Meet and confer required before filing sealing application.

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

CRITICALCivil cases

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.

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.

CRITICAL

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.

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.

CRITICAL

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

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”).

CRITICALCriminal cases

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

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.

CRITICALCriminal cases

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

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.

CRITICALCriminal cases

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

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).

CRITICALCriminal cases

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

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.

CRITICALCivil cases

Sealed motions must be filed using 'Sealed Motion' event; sealed exhibits must be filed using 'Sealed Document' event and linked to the main motion; all sealed documents must be linked to the court order granting leave.

For instance, if you obtain leave to file a motion to dismiss under seal, you must then file your motion to dismiss, using the "Sealed Motion" event under the "Under Seal Filing Events" menu, following the instructions set forth below at page 22. Likewise, if you obtain leave to file an exhibit to a summary judgment motion under seal, you must then proceed to file your summary judgment motion using a regular motion event, then file the sealed exhibit using the "Sealed Document" event on the "Under Seal Filing" menu, and link it to your summary judgment motion, following the instructions set forth below at page 15. Any document filed under seal must also be linked to the court order granting permission to so file. See L.R. 79-5.2.2 (c) (eff. 12/1/15).

CRITICALCivil cases

After leave is granted, the party must file the sealed document themselves; clerk will not do it.

Once leave to file a document under seal has been granted, the party that requested leave to file under seal must proceed to file the document. Clerk's Office staff will not do this for you. If you obtain leave to file a document under seal, you must follow through and file it under seal, or you will not be able to rely on the document in the case.

CRITICALCivil cases

When filing a redacted document, redact only confidential portions and add 'REDACTED' in the caption and docket 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.

CRITICALCivil cases

Filing under seal requires a two-step process: first file the Application for Leave to File Under Seal with unsealed attachments, then file the Declaration and sealed attachments.

The docketing sequence for the first step of this two-step process (i.e., filing the Application and unsealed attachments) has been completed. You must now continue to the second step (filing the Declaration and sealed attachments) to complete the process.

CRITICALCivil cases

A court order is required before filing any sealed document; if no order, file an Application for Leave to File Under Seal first.

Note that the Local Rule requires a court order to authorize the filing of any sealed document. 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.

CRITICALCivil cases

When filing a sealed declaration in support, the upload screen must turn red; if it does not, the documents will not be filed under seal and the process must be restarted.

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 Declaration in Support again.

CRITICALCivil cases

A court order granting leave to file under seal is required before e-filing a sealed motion using the Sealed Motion event.

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

CRITICALCivil cases

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

You must next link your Sealed Document to an Order granting leave to file the document under seal.

CRITICALCivil cases

A court order is required to file any sealed document; if no order exists, an Application for Leave to File Under Seal must be filed first.

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

When filing a sealed reply, the upload screen must turn red; if not, stop and restart the process.

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.

CRITICALCivil cases

Sealed Reply must be linked to an Order granting leave to file under seal; if no order exists, docketing cannot continue.

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.

CRITICALCivil cases

A sealed opposition must be linked to an existing court order granting leave to file under seal.

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.”

CRITICALCivil cases

A court order is required to file any sealed document; if no order exists, an Application for Leave to File Under Seal must be filed first.

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

Leave of court is required before filing any sealed document; must file an Application for Leave to File Under Seal.

Before filing any sealed document, you must have leave of court. Even if a statute or rule authorizes the filing of a particular document under seal, you must obtain a court order in the case in which you plan to file that document. Accordingly, you must first electronically file an Application for Leave to File Under Seal, following the instructions set forth below at page 5.

CRITICALCriminal cases

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

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.

CRITICALCriminal cases

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

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).

CRITICALCivil cases

The Application, proposed order, and redacted documents are filed publicly; the declaration and unredacted documents are filed under seal.

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.

CRITICALCivil cases

A court order granting leave to file under seal is required before using the Sealed Document e-filing event.

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.

CRITICAL

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.

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.

CRITICALCriminal cases

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

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.

CRITICAL

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

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

CRITICALCivil cases

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

The Sealed Motion you are filing must be linked to an Order granting leave to file the document under seal.

CRITICALCriminal cases

When the Application Requesting Sealing and the Order Sealing ARE Under Seal... The filer delivers the following documents to the Intake Window: one copy of the application, one copy of the proposed order, one copy of the proposed under seal document, and the Notice of Manual Filing. (These are the Court's Mandatory Chambers Copies) NO envelopes are used.

When the Application Requesting Sealing and the Order Sealing ARE Under Seal... The filer delivers the following documents to the Intake Window: one copy of the application, one copy of the proposed order, one copy of the proposed under seal document, and the Notice of Manual Filing. (These are the Court's Mandatory Chambers Copies) NO envelopes are used.

CRITICALCriminal cases

When the entire case is under seal, the filer delivers copies of all documents with proof of service to the Intake Window; no e-filing or Notice of Manual Filing is required.

When the ENTIRE Case is Under Seal... The filer delivers a copy of each document, with the applicable proof of service, to be filed in the action to the Intake Window. No Notice of Manual Filing is required because you are not able to e-file in a sealed action. (These are the Court's Mandatory Chambers Copies) NO envelopes are used.

CRITICALCriminal cases

When the sealing application and order are not under seal, the filer e-files the application and proposed order, and delivers mandatory chambers copies (conformed application, proposed order, proposed under seal document) to the Intake Window without envelopes.

When the Application Requesting Sealing and Order Sealing are NOT Under Seal... The filer will electronically file the Application and attach the Proposed Order to the Application in the normal e-filing procedure. The filer will deliver the following documents to the Intake Window: one conformed copy of the application, one copy of the proposed order, and one copy of the proposed under seal document. (These are the Court's Mandatory Chambers Copies) NO envelopes are used.

CRITICALCriminal cases

When the entire case is under seal, the filer delivers copies of all documents with proof of service to the Intake Window; no e-filing or Notice of Manual Filing is required.

When the ENTIRE Case is Under Seal... The filer delivers a copy of each document, with the applicable proof of service, to be filed in the action to the Intake Window. No Notice of Manual Filing is required because you are not able to e-file in a sealed action. (These are the Court's Mandatory Chambers Copies) NO envelopes are used.

CRITICALCriminal cases

When the sealing application and order are not under seal, the filer e-files the application and proposed order, and delivers mandatory chambers copies (conformed application, proposed order, proposed under seal document) to the Intake Window without envelopes.

When the Application Requesting Sealing and Order Sealing are NOT Under Seal... The filer will electronically file the Application and attach the Proposed Order to the Application in the normal e-filing procedure. The filer will deliver the following documents to the Intake Window: one conformed copy of the application, one copy of the proposed order, and one copy of the proposed under seal document. (These are the Court's Mandatory Chambers Copies) NO envelopes are used.

CRITICALCriminal cases

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

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.

CRITICALCriminal cases

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

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

CRITICALCriminal cases

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.

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.

CRITICALCriminal cases

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

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].

CRITICALCriminal cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

(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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICAL

Sealing request (document only) filers must email specified PDF and Word documents to chambers with required subject line and caption marking.

After electronically filing the application and proof of service, send an e-mail to the chambers generic e-mail at JFW_Chambers@cacd.uscourts.gov, containing an Adobe PDF version of the application to seal, declaration giving notice or a proof of service, Word version of the proposed order (with the proposed denied instructions) and an Adobe PDF of the document(s) to be filed under seal with a caption page clearly marked “UNDER SEAL.” The subject line of the e-mail should have the case number, plus the words “UNDER SEAL REQUEST”.

CRITICAL

Sealing request (application, order, documents) filers must email specified PDF and Word documents to chambers with required subject line and caption marking.

Send an e-mail to the chambers e-mail at JFW_Chambers@cacd.uscourts.gov, containing an Adobe PDF version of the application to seal, declaration giving notice or a proof of service, Word version of the proposed order (with the proposed denied instructions as stated above) and an Adobe PDF of the document(s) to be filed under seal with a caption page, clearly marked “UNDER SEAL.” The subject line of the e-mail should have the case number, plus the words “UNDER SEAL REQUEST”.

CRITICAL

Each item sought to be sealed must be individually justified; blanket confidentiality claims are prohibited and will result in denial.

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.

CRITICAL

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 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. ***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.***

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 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. ***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.***

CRITICAL

Leave of court via Application for Leave to File Under Seal is required before filing any sealed document.

Before filing any sealed document, you must have leave of court. Even if a statute or rule authorizes the filing of a particular document under seal, you must obtain a court order in the case in which you plan to file that document. Accordingly, you must first electronically file an Application for Leave to File Under Seal, following the instructions set forth below at page 5.

CRITICAL

Redacted documents must only redact confidential portions and include 'REDACTED' in the caption and docket 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.

CRITICAL

Publicly viewable documents must be filed via non-sealed event 'Leave to File Under Seal'; sealed documents via sealed event 'Sealed Declaration in Support'.

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. 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”).

CRITICAL

E-filing a sealed document via the Sealed Document event requires a prior court order granting leave to file under seal; otherwise, e-filing cannot be completed.

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.

CRITICAL

Local Rule requires court order to file sealed documents; if no order, must first file Application for Leave to File Under Seal, cannot proceed without order.

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.

CRITICAL

A court order granting leave to file a motion under seal must be obtained prior to filing a sealed motion.

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

CRITICAL

Local Rule requires court order to file any sealed document; if no order, must first file Application for Leave to File Under Seal, even if statute authorizes sealing, and cannot proceed without the order.

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.

CRITICAL

Sealed motions must be linked to an order granting leave to file the document under seal.

The Sealed Motion you are filing must be linked to an Order granting leave to file the document under seal.

CRITICAL

Sealing request (application, order, documents) filers must email specified PDF and Word documents to chambers with required subject line and caption marking.

Send an e-mail to the chambers e-mail at JFW_Chambers@cacd.uscourts.gov, containing an Adobe PDF version of the application to seal, declaration giving notice or a proof of service, Word version of the proposed order (with the proposed denied instructions as stated above) and an Adobe PDF of the document(s) to be filed under seal with a caption page, clearly marked “UNDER SEAL.” The subject line of the e-mail should have the case number, plus the words “UNDER SEAL REQUEST”.

CRITICAL

Each item sought to be sealed must be individually justified; blanket confidentiality claims are prohibited and will result in denial.

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.

CRITICAL

To file an initial Application for Leave to File Under Seal in civil cases, upload the application PDF as the main document, upload the redacted document and proposed order as attachments with correct categories, and select 'Application' as the moving document.

Under “Main Document,” click the “Browse” button, and a file upload box will appear. Navigate to your “Application for Leave to File Under Seal” and select the file, then click “Open.” Under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your “Redacted Document” and “Proposed Order” are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” Select “Application” for your moving document, and click “Next.”

CRITICAL

After leave to file under seal is granted, the party must file the sealed document using the correct CM/ECF events and link it to the granting court order.

Once leave to file a document under seal has been granted, the party that requested leave to file under seal must proceed to file the document. Clerk’s Office staff will not do this for you. If you obtain leave to file a document under seal, you must follow through and file it under seal, or you will not be able to rely on the document in the case. For instance, if you obtain leave to file a motion to dismiss under seal, you must then file your motion to dismiss, using the “Sealed Motion” event under the “Under Seal Filing Events” menu, following the instructions set forth below at page 22. Likewise, if you obtain leave to file an exhibit to a summary judgment motion under seal, you must then proceed to file your summary judgment motion using a regular motion event, then file the sealed exhibit using the “Sealed Document” event on the “Under Seal Filing” menu, and link it to your summary judgment motion, following the instructions set forth below at page 15. Any document filed under seal must also be linked to the court order granting permission to so file. See L.R. 79-5.2.2 (c) (eff. 12/1/15).

CRITICAL

A Declaration must be linked to the corresponding Application for Leave to File Under Seal.

Note the message indicating that you will be required to link your Declaration to the Application for Leave to File Under Seal to which it relates.

CRITICAL

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 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. ***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.***

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 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. ***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.***

CRITICALCivil cases

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

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.

CRITICAL

Parties filing documents under seal in criminal cases must follow specified procedures, including avoiding overbroad sealing requests, e-filing a Notice of Manual Filing, emailing under-seal documents to CRD, and submitting two document versions for review.

Where possible, counsel (and pro se litigants) must avoid requesting the sealing of the application to seal, supporting declarations, and proposed order unless those documents also contain information that should be sealed. Overbroad requests to seal applications, declarations, and orders may be summarily denied. 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. The application to seal and/or supporting declaration(s) must advise the Court whether the opposing party objects to proposed under-seal filing. 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). 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. 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.

CRITICAL

Civil cases seeking to file under seal must comply with Local Rule 79-5, with good cause required for non-dispositive and compelling reasons for dispositive motions.

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. 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. 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).

CRITICALCivil cases

Grant requires filing unredacted document under seal with specific label.

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 _______”

CRITICALCivil cases

Denied application requires public filing or document not considered.

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.

CRITICALCivil cases

In camera documents require special handling.

DOCUMENTS TO BE SUBMITTED IN CAMERA REQUIRE ADDITIONAL SPECIAL HANDLING.

CRITICALCivil cases

Partial grant requires public filing of redacted version.

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.

CRITICALCivil cases

Partial grant also requires filing unredacted document under seal.

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 _______”

CRITICALCivil cases

Partial grant requires public filing of redacted version.

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.

CRITICALCivil cases

Partial grant also requires filing unredacted document under seal.

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 _______”

CRITICALCivil cases

Designators must promptly notify all parties of withdrawn mistaken confidentiality designations.

If a designator learns information or items 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 it is withdrawing the mistaken designation.

CRITICALCivil cases

Designated material may only be used for this litigation and disclosed per order terms.

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.

CRITICALCivil cases

Source code that is confidential, proprietary, or trade secret may be designated as HIGHLY CONFIDENTIAL – SOURCE CODE.

If production of source code is necessary, a party may designate it as HIGHLY CONFIDENTIAL – SOURCE CODE if it is, or includes, confidential, proprietary, or trade secret source code.

CRITICALCivil cases

Material may not be designated as confidential if it is public or designation is unnecessary to protect a secrecy interest.

Material may not be designated if it has been made public, or if designation is otherwise unnecessary to protect a secrecy interest.

CRITICALCivil cases

Inspecting parties must track source code access, secure paper copies, and limit electronic conversion of paper copies.

The inspecting party shall maintain a record of any individual who has inspected any portion of the source code in electronic or paper form, and shall maintain all paper copies of any printed portions of the source code in a secured, locked area. The inspecting party shall not convert any of the information contained in the paper copies into any electronic format other than for the preparation of a pleading, exhibit, expert report, discovery document, deposition transcript, or other Court document. Any paper copies used during a deposition shall be retrieved at the end of each day and must not be left with a court reporter or any other unauthorized individual.

CRITICALCivil cases

Designators must promptly notify all parties of withdrawn mistaken confidentiality designations.

If a designator learns information or items 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 it is withdrawing the mistaken designation.

CRITICALCivil cases

Designated material may only be used for this litigation and disclosed per order terms.

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.

CRITICALCivil cases

Source code that is confidential, proprietary, or trade secret may be designated as HIGHLY CONFIDENTIAL – SOURCE CODE.

If production of source code is necessary, a party may designate it as HIGHLY CONFIDENTIAL – SOURCE CODE if it is, or includes, confidential, proprietary, or trade secret source code.

CRITICALCivil cases

Material may not be designated as confidential if it is public or designation is unnecessary to protect a secrecy interest.

Material may not be designated if it has been made public, or if designation is otherwise unnecessary to protect a secrecy interest.

CRITICALCivil cases

Inspecting parties must track source code access, secure paper copies, and limit electronic conversion of paper copies.

The inspecting party shall maintain a record of any individual who has inspected any portion of the source code in electronic or paper form, and shall maintain all paper copies of any printed portions of the source code in a secured, locked area. The inspecting party shall not convert any of the information contained in the paper copies into any electronic format other than for the preparation of a pleading, exhibit, expert report, discovery document, deposition transcript, or other Court document. Any paper copies used during a deposition shall be retrieved at the end of each day and must not be left with a court reporter or any other unauthorized individual.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

Sealing applications must provide reasons why confidentiality outweighs public access.

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.

CRITICALCivil cases

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

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.

CRITICAL

Redacted or omitted information in public filings must be marked with color highlighting and/or brackets.

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

CRITICAL

Redacted versions of sealed documents must be filed as separate docket entries with "Redacted" as the first word of the title; confidential/privileged info must be blacked out or entire document marked as sealed.

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCriminal cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

Unredacted documents must be filed provisionally under seal.

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

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCriminal cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

Trade secret cases require special identification procedures.

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).

CRITICALCivil cases

Trade secret cases require special identification procedures.

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).

CRITICAL

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

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”).

CRITICALCivil cases

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

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

CRITICAL

Sealing must be justified item by item; blanket confidentiality claims result in denial of the sealing application.

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

CRITICAL

Applications to file under seal and any resulting sealed filings must comply with Local Rule 79-5, including its application procedure.

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.

CRITICAL

Each item sought to be sealed must have an identified and discussed factual or legal justification establishing good cause or compelling reasons.

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.

CRITICAL

The parties should file a complete sealed version and a public redacted version omitting only court-authorized sealed portions.

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.

CRITICAL

An application to seal that contains meritless sealing or redaction requests will be denied.

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

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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

CRITICAL

Sealing must be justified item by item; blanket confidentiality claims result in denial of the sealing application.

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

CRITICAL

Applications to file under seal and any resulting sealed filings must comply with Local Rule 79-5, including its application procedure.

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.

CRITICAL

Each item sought to be sealed must have an identified and discussed factual or legal justification establishing good cause or compelling reasons.

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.

CRITICAL

The parties should file a complete sealed version and a public redacted version omitting only court-authorized sealed portions.

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.

CRITICAL

An application to seal that contains meritless sealing or redaction requests will be denied.

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

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCriminal cases

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

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.

CRITICALCriminal cases

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

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.

CRITICALCriminal cases

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

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.

CRITICALCriminal cases

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

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.

CRITICALCivil cases

Applications to seal must specify confidential portions and justify sealing; protective order-only applications require specific declaration, otherwise denied.

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. 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).

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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”.

CRITICALCriminal cases

Government must file witness statements under seal (in camera) with the Court.

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.

CRITICALCivil cases

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

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

CRITICALCivil casesCourt notice

A sealed reply must be linked to the order granting leave to file it under seal.

The Sealed Reply you are filing must also be linked to an Order granting leave to file the document under seal.

CRITICALCivil casesCourt notice

A sealed document being filed must be linked to the court order granting leave to file it under seal.

The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal.

CRITICALCivil casesCourt notice

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.

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.

CRITICALCivil casesCourt notice

A sealed document may only be e-filed after obtaining a court order granting leave to file under seal; without such an order, the e-filing cannot be completed.

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.

CRITICALCivil casesCourt notice

Filing any sealed document requires a court order; if you have not obtained one, you must first file an Application for Leave to File Under Seal (even if a statute allows sealing) and cannot continue until the court grants the order.

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.

CRITICALCivil casesCourt notice

A sealed motion must be linked to an order granting leave to file under seal; without such an order, docketing cannot continue.

The Sealed Motion you are filing must 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.

CRITICALCivil casesCourt notice

A court order is required to file any sealed document; if not yet obtained, an Application for Leave to File Under Seal must be filed first, and the filing cannot proceed until the order is obtained.

Note that the Local Rule requires a court order to authorize the filing of any sealed document. 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.

CRITICALCivil casesCourt notice

A court order granting leave to file under seal is required before e-filing a sealed motion; without it the e-filing cannot be completed.

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

CRITICALCivil casesCourt notice

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.

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.

CRITICALCivil casesCourt notice

The Application for Leave for In Camera Review is publicly visible and must not contain confidential information or attach the documents for in camera review.

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.

CRITICALCriminal cases

Each item to be sealed must be individually justified; blanket confidentiality claims are prohibited.

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.

CRITICALCriminal cases

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.

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.

CRITICALCriminal cases

Redacted portions on un-redacted copies must be bracketed and highlighted.

***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).***

CRITICALCriminal cases

Non-paper sealing exhibits must be delivered to Santa Ana Clerk's Office intake on USB/flash drive (no CDs).

Non-paper exhibits shall be delivered to the intake section of the Clerk’s Office in the Ronald Reagan Federal Building and United States Courthouse in Santa Ana. CDs are not accepted; only USB or flash drives are accepted.

CRITICAL

Each sealed item must be individually justified, no blanket claims; applications must show party interest outweighs public access right.

Sealing must be justified for each individual confidential matter; blanket claims of confidentiality will result in the application to seal being denied. All applications must provide the reason(s) the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right to access materials submitted in connection with a judicial proceeding.

CRITICAL

Applications to file under seal must comply with Local Rule 79-5, requiring good cause/compelling reasons and subject to a strong presumption of public access.

Local Rule 79-5 governs applications to file under seal. Parties must comply with all sections of Local Rule 79-5. There is a “strong presumption of access to court records” in civil cases. 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, see (c) below, that establishes “good cause” or “compelling reasons” for the document’s protection.

CRITICAL

A protective order alone is not sufficient justification for filing documents under seal.

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

CRITICAL

Sentencing documents may only be filed under seal if necessary, with a redacted version justifying each deletion.

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 justifies each deletion (e.g., “medical information”).

CRITICALCriminal cases

Each item to be sealed must be individually justified; blanket confidentiality claims are prohibited.

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.

CRITICALCriminal cases

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.

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.

CRITICALCriminal cases

Redacted portions on un-redacted copies must be bracketed and highlighted.

***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).***

CRITICALCivil casesCourt notice

A sealed document being filed must be linked to the court order granting leave to file it under seal.

The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal.

CRITICALCivil casesCourt notice

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.

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.

CRITICALCivil casesCourt notice

A sealed document may only be e-filed after obtaining a court order granting leave to file under seal; without such an order, the e-filing cannot be completed.

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.

CRITICALCivil casesCourt notice

Filing any sealed document requires a court order; if you have not obtained one, you must first file an Application for Leave to File Under Seal (even if a statute allows sealing) and cannot continue until the court grants the order.

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.

CRITICALCivil casesCourt notice

A sealed motion must be linked to an order granting leave to file under seal; without such an order, docketing cannot continue.

The Sealed Motion you are filing must 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.

CRITICALCivil casesCourt notice

A court order is required to file any sealed document; if not yet obtained, an Application for Leave to File Under Seal must be filed first, and the filing cannot proceed until the order is obtained.

Note that the Local Rule requires a court order to authorize the filing of any sealed document. 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.

CRITICALCivil casesCourt notice

A court order granting leave to file under seal is required before e-filing a sealed motion; without it the e-filing cannot be completed.

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

CRITICALCivil casesCourt notice

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.

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.

CRITICALCivil casesCourt notice

The Application for Leave for In Camera Review is publicly visible and must not contain confidential information or attach the documents for in camera review.

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.

CRITICALCriminal cases

Non-paper sealing exhibits must be delivered to Santa Ana Clerk's Office intake on USB/flash drive (no CDs).

Non-paper exhibits shall be delivered to the intake section of the Clerk’s Office in the Ronald Reagan Federal Building and United States Courthouse in Santa Ana. CDs are not accepted; only USB or flash drives are accepted.

CRITICAL

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.

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.

CRITICAL

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 redacted version for public viewing, omitting only the portions the Court has ordered may be filed under seal.

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 redacted version for public viewing, omitting only the portions the Court has ordered may be filed under seal.

CRITICALCivil cases

Sealing applications must comply with Local Rule 79-5 and provide factual/legal justification for each document, establishing good cause or compelling reasons.

Local Rule 79-5 governs applications to file under seal. Parties must comply with all sections of Local Rule 79-5. There is a "strong presumption of access to court records" in civil cases. 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.

CRITICALCivil cases

Sealing must be justified per document; blanket claims will be denied; parties must meet and confer before filing a sealing application.

Sealing must be justified for each individual confidential matter; 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 requests to seal or redact documents may be denied in its entirety. The parties must also meet and confer before filing an application to seal.

CRITICALCivil cases

Parties should file a redacted version publicly and an unredacted version under seal, redacting only Court-ordered portions.

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 redacted version for public viewing, omitting only the portions that the Court has ordered may be filed under seal.

CRITICALCivil cases

Sealing applications must comply with Local Rule 79-5 and provide factual/legal justification for each document, establishing good cause or compelling reasons.

Local Rule 79-5 governs applications to file under seal. Parties must comply with all sections of Local Rule 79-5. There is a "strong presumption of access to court records" in civil cases. 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.

CRITICALCivil cases

Sealing must be justified per document; blanket claims will be denied; parties must meet and confer before filing a sealing application.

Sealing must be justified for each individual confidential matter; 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 requests to seal or redact documents may be denied in its entirety. The parties must also meet and confer before filing an application to seal.

CRITICALCivil cases

Parties should file a redacted version publicly and an unredacted version under seal, redacting only Court-ordered portions.

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 redacted version for public viewing, omitting only the portions that the Court has ordered may be filed under seal.

CRITICALCriminal cases

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

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”).

CRITICALCriminal cases

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

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).

CRITICALCivil cases

Meet and confer required before filing application to seal.

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

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICALCriminal cases

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.

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.

CRITICALCriminal cases

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

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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

CRITICAL

Each item sought to be sealed requires individual justification; blanket claims are denied.

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

CRITICAL

Sealing standard is compelling reasons for documents related to case merits, good cause otherwise.

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.”

CRITICAL

Sealing applications with meritless requests will be denied.

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.

CRITICAL

Parties must provide good cause or compelling reasons justification for each document sought to be filed under seal.

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.

CRITICAL

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.

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.

CRITICAL

Parties must meet and confer before filing sealing applications; joint applications encouraged for multiple items.

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)

CRITICAL

Parties must comply with Local Rule 79-5 for sealing; must identify factual/legal justification establishing good cause or compelling reasons for each document.

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. ... 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.

CRITICAL

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

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

CRITICAL

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

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

CRITICAL

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.

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.

CRITICAL

Sealing standard is compelling reasons for documents related to case merits, good cause otherwise.

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.”

CRITICAL

Sealing applications with meritless requests will be denied.

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.

CRITICAL

Parties must provide good cause or compelling reasons justification for each document sought to be filed under seal.

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.

CRITICAL

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.

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.

CRITICAL

Parties must meet and confer before filing sealing applications; joint applications encouraged for multiple items.

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)

CRITICAL

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.

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.

CRITICAL

For each document or information sought to be sealed, the party must identify the factual and/or legal justification establishing good cause or compelling reasons for protection.

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.

CRITICAL

Applications to file documents under seal are governed by Local Rule 79-5, and parties must comply with all of its provisions, including the procedures in Rule 79-5.2.2.

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCriminal cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICAL

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

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

CRITICALCivil cases

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

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.

CRITICALCriminal cases

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

***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.***

CRITICAL

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

(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.

CRITICAL

Protective order alone does not justify sealing pleadings or documents.

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

CRITICAL

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

(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).

CRITICAL

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

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.

CRITICAL

(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

(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

CRITICAL

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

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.

CRITICAL

(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

(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

CRITICAL

Sealing applications must comply with Local Rule 79-5 and provide factual/legal justification for each item.

Local Rule 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. 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.

CRITICAL

Sealing must be justified per item; blanket confidentiality claims will be denied; parties must meet and confer before filing a sealing application.

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 requests to seal or redact documents may be denied in its entirety. The parties must also meet and confer before filing an application to seal.

CRITICAL

Sealing requires compliance with Local Rule 79-5 and a showing of good cause or compelling reasons for each item.

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).

CRITICAL

Each sealing request must be individually justified; blanket claims will be denied; parties must meet and confer before filing.

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.

CRITICAL

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 redacted version on the public docket.

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 redacted version on the public docket.

CRITICALCriminal cases

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.

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.

CRITICALCriminal cases

Redacted portions must be bracketed and highlighted on unredacted copies.

***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.***

CRITICALCriminal cases

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

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.

CRITICALCriminal cases

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

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

Only specific sealed docket entries create sealed documents.

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

CRITICALCivil cases

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

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.”

CRITICALCivil cases

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

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”).

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

CRITICALCivil cases

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

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.

CRITICALCivil cases

Parties must comply with Civil Local Rule 79-5 and obtain a court order to file Protected Material under seal.

12.3 Filing Protected Material. A Party that seeks to file under seal any Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a Party's request to file Protected Material under seal is denied by the court, then the Receiving Party may file the information in the public record unless otherwise instructed by the court.

CRITICALCivil cases

Parties must comply with Civil Local Rule 79-5 and obtain a court order to file Protected Material under seal.

12.3 Filing Protected Material. A Party that seeks to file under seal any Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a Party's request to file Protected Material under seal is denied by the court, then the Receiving Party may file the information in the public record unless otherwise instructed by the court.

CRITICALCriminal cases

Warrant applications and attachments are automatically sealed upon filing and remain sealed until the warrant is returned.

The Application, all attachments to the Application, and the text of the docket entry will automatically be sealed upon filing and will remain sealed until after the Warrant, if approved, issued, and executed, is returned.

CRITICALCriminal cases

Applications for other criminal duty matters are automatically sealed upon filing and remain sealed until an unsealing order is entered.

The Application, all attachments to the Application, and the text of the docket entry will automatically be sealed upon filing and will remain sealed until an order unsealing them is entered.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

A court order is required to file any sealed document; if no order exists, an Application for Leave to File Under Seal must be filed first, even if the document is authorized by statute, and filing cannot proceed without the order.

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.

CRITICALCivil cases

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 Declaration in Support again.

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 Declaration in Support again.

CRITICALCivil cases

Public components of Application for Leave to File Under Seal must be filed via non-sealed ECF event; sealed components via dedicated sealed ECF event.

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. 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”).

CRITICALCivil cases

Prior court leave is required before filing any sealed document, obtained by e-filing an Application for Leave to File Under Seal.

Before filing any sealed document, you must have leave of court. Even if a statute or rule authorizes the filing of a particular document under seal, you must obtain a court order in the case in which you plan to file that document. Accordingly, you must first electronically file an Application for Leave to File Under Seal, following the instructions set forth below at page 5.

CRITICALCivil cases

Every sealed document filed must be linked to a court order granting leave to file that document under seal.

The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal.

CRITICALCivil cases

Parties granted leave to file under seal must file the sealed document themselves and link it to the granting court order.

Once leave to file a document under seal has been granted, the party that requested leave to file under seal must proceed to file the document. Clerk’s Office staff will not do this for you. If you obtain leave to file a document under seal, you must follow through and file it under seal, or you will not be able to rely on the document in the case. Any document filed under seal must also be linked to the court order granting permission to so file. See L.R. 79-5.2.2 (c) (eff. 12/1/15).

CRITICALCivil cases

When using Under Seal Filing Events, the docket screen must turn red; if not, restart the entry to ensure proper sealed event use.

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.

CRITICALCivil cases

Filing under seal documents in civil cases requires a mandatory two-step e-filing process: Step 1 file Application and unsealed attachments, Step 2 file Declaration and sealed attachments.

The docketing sequence for the first step of this two-step process (i.e., filing the Application and unsealed attachments) has been completed. You must now continue to the second step (filing the Declaration and sealed attachments) to complete the process.

CRITICALCivil cases

Docket entry text for Applications for Leave to File Under Seal must not include confidential information as it is publicly visible.

Remember that the docket entry text will be publicly visible, so do not include confidential information here.

CRITICALCivil cases

Unredacted document attachments for sealed filings must be categorized as “Unredacted Document” in the Category dropdown.

Under “Attachments,” click the “Browse” button, and a file upload screen will appear. Navigate to where your “Unredacted Document” is saved, and select “Open.” In the corresponding “Category” field, select “Unredacted Document” from the drop down list. Repeat if attaching multiple unredacted documents. Click “Next.”

CRITICALCivil cases

A court order granting leave to file under seal must be obtained prior to using the Sealed Document e-filing event.

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.

CRITICALCivil cases

Declarations filed in support of an Application for Leave to File Under Seal must be linked to the corresponding application.

Note the message indicating that you will be required to link your Declaration to the Application for Leave to File Under Seal to which it relates.

CRITICALCivil cases

A court order is required to file sealed documents; if none exists, an Application for Leave to File Under Seal must be filed first.

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

Sealed Opposition must be linked to an Order granting leave to file under seal; docketing cannot continue if no such order has been filed.

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.”

CRITICALCivil cases

Court order required to file any sealed document; if none, file Application for Leave to File Under Seal first, even if statute authorizes sealing, cannot proceed without order.

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.

CRITICALCivil cases

In camera review documents must not be attached to the public Application for Leave; if granted, deliver copies to judge’s chambers per procedures.

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.

CRITICALCivil cases

The “Leave for In Camera Review” e-filing event is a public, unrestricted entry.

The “Leave for In Camera Review” event is a public entry and is NOT RESTRICTED.

CRITICALCivil cases

Prior court leave is required before filing any sealed document, obtained by e-filing an Application for Leave to File Under Seal.

Before filing any sealed document, you must have leave of court. Even if a statute or rule authorizes the filing of a particular document under seal, you must obtain a court order in the case in which you plan to file that document. Accordingly, you must first electronically file an Application for Leave to File Under Seal, following the instructions set forth below at page 5.

CRITICALCivil cases

Every sealed document filed must be linked to a court order granting leave to file that document under seal.

The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal.

CRITICALCivil cases

Parties granted leave to file under seal must file the sealed document themselves and link it to the granting court order.

Once leave to file a document under seal has been granted, the party that requested leave to file under seal must proceed to file the document. Clerk’s Office staff will not do this for you. If you obtain leave to file a document under seal, you must follow through and file it under seal, or you will not be able to rely on the document in the case. Any document filed under seal must also be linked to the court order granting permission to so file. See L.R. 79-5.2.2 (c) (eff. 12/1/15).

CRITICALCivil cases

When using Under Seal Filing Events, the docket screen must turn red; if not, restart the entry to ensure proper sealed event use.

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.

CRITICALCivil cases

Filing under seal documents in civil cases requires a mandatory two-step e-filing process: Step 1 file Application and unsealed attachments, Step 2 file Declaration and sealed attachments.

The docketing sequence for the first step of this two-step process (i.e., filing the Application and unsealed attachments) has been completed. You must now continue to the second step (filing the Declaration and sealed attachments) to complete the process.

CRITICALCivil cases

Docket entry text for Applications for Leave to File Under Seal must not include confidential information as it is publicly visible.

Remember that the docket entry text will be publicly visible, so do not include confidential information here.

CRITICALCivil cases

Unredacted document attachments for sealed filings must be categorized as “Unredacted Document” in the Category dropdown.

Under “Attachments,” click the “Browse” button, and a file upload screen will appear. Navigate to where your “Unredacted Document” is saved, and select “Open.” In the corresponding “Category” field, select “Unredacted Document” from the drop down list. Repeat if attaching multiple unredacted documents. Click “Next.”

CRITICALCivil cases

A court order granting leave to file under seal must be obtained prior to using the Sealed Document e-filing event.

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.

CRITICALCivil cases

Declarations filed in support of an Application for Leave to File Under Seal must be linked to the corresponding application.

Note the message indicating that you will be required to link your Declaration to the Application for Leave to File Under Seal to which it relates.

CRITICALCivil cases

A court order is required to file sealed documents; if none exists, an Application for Leave to File Under Seal must be filed first.

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

Sealed Opposition must be linked to an Order granting leave to file under seal; docketing cannot continue if no such order has been filed.

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.”

CRITICALCivil cases

Court order required to file any sealed document; if none, file Application for Leave to File Under Seal first, even if statute authorizes sealing, cannot proceed without order.

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.

CRITICALCivil cases

In camera review documents must not be attached to the public Application for Leave; if granted, deliver copies to judge’s chambers per procedures.

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.

CRITICALCivil cases

The “Leave for In Camera Review” e-filing event is a public, unrestricted entry.

The “Leave for In Camera Review” event is a public entry and is NOT RESTRICTED.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

WARNINGCivil cases

The sealed reply must be linked to the motion it relates to.

Link the Sealed Reply to the correct motion, and click “Next.”

WARNINGCivil cases

Application, proposed order, redacted documents, and docket text are public; declaration and sealed documents are not publicly viewable.

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.

WARNINGCivil cases

The sealed reply must be linked to the motion it relates to.

Link the Sealed Reply to the correct motion, and click “Next.”

WARNINGCivil cases

Application, proposed order, redacted documents, and docket text are public; declaration and sealed documents are not publicly viewable.

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.

WARNING

Parties must limit the number and volume of under seal filings due to the strong presumption of access.

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.

WARNING

Rejected documents will be destroyed unless retrieved within 5 days.

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

WARNINGCriminal cases

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

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”).

WARNINGCivil cases

Public fee records may be redacted for privilege/work product, but unredacted version must be submitted in camera.

(Time records ultimately filed publicly with a motion for fees may be redacted to preserve the attorney-client privilege or work product. The Court will require an in camera unredacted submission.)

WARNING

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

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

WARNINGCivil cases

Paper Chambers copies of invoices should be unredacted. Redacted invoices should not be provided in paper to the Court.

Paper Chambers copies of invoices should be unredacted. Redacted invoices should not be provided in paper to the Court.

WARNINGCivil cases

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.

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.

WARNINGCivil cases

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

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.

WARNINGCivil cases

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

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).

WARNINGCivil cases

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

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.

WARNINGCivil cases

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

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.

WARNINGCivil cases

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

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).

WARNINGCivil cases

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

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.

WARNINGCivil cases

When filing a sealed declaration in support, attach the unredacted document with the category 'Unredacted Document'.

Under "Attachments," click the "Browse" button, and a file upload screen will appear. Navigate to where your "Unredacted Document" is saved, and select "Open." In the corresponding "Category" field, select "Unredacted Document" from the drop down list.

WARNINGCivil cases

After the screen turns red, upload the sealed opposition PDF by browsing and selecting the file.

If the screen turns red, as shown below, proceed to upload your documents. Under "Main Document," click the "Browse" button, and a file upload screen will appear. Navigate to where your Sealed Opposition is saved and select the file, then click "Open."

WARNINGCivil cases

If you have additional documents to attach, under "Attachments," click the "Browse" button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select "Open." In each corresponding "Category" field, select the name from the drop down list that correctly identifies each document. Click "Next."

If you have additional documents to attach, under "Attachments," click the "Browse" button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select "Open." In each corresponding "Category" field, select the name from the drop down list that correctly identifies each document. Click "Next."

WARNINGCivil cases

The sealed opposition must be linked to the correct motion before proceeding.

Link the Sealed Opposition to the correct motion, and click "Next."

WARNINGCivil cases

A sealed opposition must be linked to the motion(s) it relates to during the e-filing process.

As noted in the message on the next screen, you will need to link this Sealed Opposition to the motion or motions to which it relates. Click "Next."

WARNINGCivil cases

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.

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.

WARNINGCivil cases

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

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

WARNINGCivil cases

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

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

WARNINGCriminal cases

Including meritless requests to seal or redact documents in an application to seal may result in complete rejection of the application.

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

WARNINGCriminal cases

Document titles appear on public docket even when sealed.

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.

WARNINGCriminal cases

Document titles appear on public docket even when sealed.

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.

WARNINGCriminal cases

Document titles appear on public docket even when sealed.

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.

WARNING

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

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.

WARNINGCriminal cases

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

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.

WARNINGCivil cases

The application, proposed order, redacted documents, and docket text are public; the declaration and unredacted documents are sealed.

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.

WARNINGCivil cases

Application for Leave for In Camera Review must be filed publicly without confidential information or attached documents; if granted, deliver documents to chambers per judge's procedures.

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.

WARNINGCivil cases

Sealed Reply must be linked to the related motion(s).

As noted in the message on the next screen, you will need to link this Sealed Reply to the motion or motions to which it relates.

WARNING

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

Generic and vague references to “competitive harm” are almost always insufficient justification for sealing.

WARNINGCriminal cases

Redact confidential portions instead of sealing entire documents when possible.

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.

WARNINGCriminal cases

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

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.

WARNING

Meritless sealing/redaction requests may lead to complete rejection of the application.

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

WARNING

Meritless sealing/redaction requests may lead to complete rejection of the application.

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

WARNINGCivil cases

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

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.

WARNINGCivil cases

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

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.

WARNINGCivil cases

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

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.

WARNINGCivil cases

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

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.

WARNING

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.

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.

WARNING

Civil actions are subject to a strong presumption of public access.

There is a strong presumption of public access in civil actions. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003).

WARNING

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.

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.

WARNING

Civil actions are subject to a strong presumption of public access.

There is a strong presumption of public access in civil actions. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003).

WARNINGCivil cases

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.

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.

WARNINGCivil cases

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

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.

WARNINGCriminal cases

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.

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.

WARNINGCriminal cases

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.

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.

WARNINGCivil casesCourt notice

The document caption is publicly visible, so confidential information must not be included in it.

On the next screen, enter the document caption in the second free text field. Remember that this text will be publicly visible, so do not include confidential information here.

WARNINGCivil casesCourt notice

A sealed reply must be linked to the motion or motions to which it relates.

As noted in the message on the next screen, you will need to link this Sealed Reply to the motion or motions to which it relates.

WARNINGCivil casesCourt notice

If the Application for Leave for In Camera Review is granted, the filer must deliver copies of the documents directly to the judge's chambers.

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.

WARNINGCivil casesCourt notice

The 'Leave for In Camera Review' event is a public entry and is not restricted, meaning the application itself is filed publicly even though it relates to sealed documents.

Note the warning message on the following screen. The “Leave for In Camera Review” event is a public entry and is NOT RESTRICTED.

WARNING

file (under seal if appropriate)

file (under seal if appropriate)

WARNINGCriminal cases

Meritless sealing/redaction requests may lead to complete rejection of the application.

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

WARNINGCivil casesCourt notice

The document caption is publicly visible, so confidential information must not be included in it.

On the next screen, enter the document caption in the second free text field. Remember that this text will be publicly visible, so do not include confidential information here.

WARNINGCivil casesCourt notice

A sealed reply must be linked to the motion or motions to which it relates.

As noted in the message on the next screen, you will need to link this Sealed Reply to the motion or motions to which it relates.

WARNINGCivil casesCourt notice

If the Application for Leave for In Camera Review is granted, the filer must deliver copies of the documents directly to the judge's chambers.

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.

WARNINGCivil casesCourt notice

The 'Leave for In Camera Review' event is a public entry and is not restricted, meaning the application itself is filed publicly even though it relates to sealed documents.

Note the warning message on the following screen. The “Leave for In Camera Review” event is a public entry and is NOT RESTRICTED.

WARNING

file (under seal if appropriate)

file (under seal if appropriate)

WARNINGCriminal cases

Meritless sealing/redaction requests may lead to complete rejection of the application.

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

WARNINGCriminal cases

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

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).

WARNINGCriminal cases

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

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.

WARNING

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.

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.

WARNING

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.

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.

WARNING

The compelling reasons sealing standard applies when the sealed document or its attached motion is more than tangentially related to the merits of the case.

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.

WARNING

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.

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.

WARNINGCriminal cases

Redact confidential portions instead of sealing entire document when possible.

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.

WARNING

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.

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.

WARNINGCriminal cases

Meritless sealing requests may result in complete rejection of application.

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

WARNING

Protective orders should not allow sealing of certain documents without further court order.