Eastern District of New York Sealing & Redaction Procedures

Sealed submissions must be filed on ECF with explanation unless prior approval granted.

Written submissions to be filed under seal should also be filed on ECF in accordance with the instructions for e-filing sealed documents on the Eastern District's website at https://www.nyed.uscourts.gov/sites/default/files/uploads/efilingsealedcv.pdf. Unless prior approval to file under seal has already been granted, each submission shall be accompanied by an explanation of why sealing is necessary.

Sealed submissions must be filed on ECF with explanation of sealing necessity.

Written submissions to be filed under seal should also be filed on ECF. Instructions for electronically filing sealed documents are available on the Eastern District's website at https://img.nyed.uscourts.gov/files/forms/EfilingSealedCV.pdf (civil) and https://img.nyed.uscourts.gov/files/forms/EfilingSealedCR.pdf (criminal). Unless prior approval has been granted, each submission shall be accompanied by an explanation of why sealing is necessary.

Sealed/redacted documents must be filed on ECF with both versions, unredacted under seal.

Written submissions to be filed under seal or with redactions should be filed on ECF. Both the redacted and unredacted versions of a document should be filed on ECF, with the unredacted version filed under seal. Instructions for e-filing sealed documents are on the Eastern District's website. Unless prior approval to file under seal or in redacted form has already been granted, each submission is to be accompanied by an explanation of why sealing or filing with redactions is necessary.

Sealed filings must be filed through ECF under seal.

File via ECF under seal.

Sealed filings must be made via ECF and include a sealing motion, following EDNY website instructions.

Any party seeking to file a submission under seal shall file the proposed sealed document(s) and sealing motion via ECF in accordance with the instructions on the Eastern District’s website at:

Sealing requests must comply with EDNY Administrative Order No. 2004-05.

Parties must comply with Administrative Order No. 2004-05, In Re: Requests to Seal Documents (E.D.N.Y. Apr. 20, 2004), which can be found at:

Sealing requires a letter with reasons plus sealed and proposed redacted copies emailed to the Courtroom Deputy, sent to Chambers (not Clerk), and not filed by the party via ECF.

Filing Sealed Documents: A party seeking to file a document, or any portion of a document, under seal must comply with the following procedures: (1) submit a letter to the Court setting forth the reasons why sealing is necessary along with a copy of the document to be sealed and a proposed redacted copy for posting on the public docket; and (2) email a PDF of these documents to the Courtroom Deputy (contact Chambers for the address). Such documents are to be sent directly to Chambers and not the Clerk’s Office. Parties are not to file such documents via ECF themselves or use the ECF “Motion to File Under Seal” event. Where there is a filing deadline, a request to seal will serve as compliance with that deadline.

Sealed or sensitive documents must be e-filed under seal and a labeled hard copy must be delivered to chambers.

Sealed documents, or documents containing sealed/sensitive information, must be filed electronically under seal, with a hard copy labeled “SEALED” or “SENSITIVE” provided to chambers.

Electronic filings must comply with FRCP 5.2 redaction requirements.

All electronic filings must be redacted in accordance with FRCP 5.2.

A sealing request must be filed on ECF as a motion, and a public redacted version must be filed simultaneously.

Parties wishing to file a document under seal must submit the request on ECF as a “Motion for Leave to Electronically File Document Under Seal.” At the same time, the party must publicly file, as a “Redacted Document,” a redacted copy of the motion and attached document.

Sealed document filings must follow EDNY website technical instructions.

Any party seeking leave to file a document under seal must comply with the technical instructions for filing sealed documents on the EDNY website.

Sealing requests must explain necessity and propose narrowly tailored redactions.

A request to file under seal should explain why sealing is necessary and be accompanied by proposed redactions that are narrowly tailored to address the confidentiality interests at issue.

Proposed redactions must be highlighted while keeping material readable.

Proposed redactions should be highlighted or otherwise identified in such a way that the material to be redacted remains readable.

Granted redactions require filing unredacted version under seal and redacted version publicly.

If a request to redact is granted, the party should file the unredacted version of the document under seal and the redacted version publicly.

When redaction is granted, file an unredacted sealed version and a redacted public version.

If a request to redact is granted, the party should file the unredacted version of the document under seal and the redacted version publicly.

Sealing requests are typically denied if they do not propose redactions or specifically explain why redactions are not feasible.

A request to file under seal that does not either propose redactions, or explain with specificity why individual redactions are untenable, will typically be denied.

A party seeking to file under seal must follow the EDNY technical sealing instructions.

Any party seeking leave to file a document under seal must comply with the technical instructions for filing sealed documents on the EDNY website.

PSR objections must be filed under seal two weeks before sentencing.

PSR Objections Filed under seal two weeks before Sentencing

Objections to presentence reports must be filed under seal on ECF.

Objections to presentence reports should be filed under seal on ECF and served upon opposing counsel and the probation department at least two weeks before sentencing.

A motion for leave is required to file under seal, and the proposed sealed document must be attached.

Motions for leave to file documents under seal should be filed via ECF in accordance with the EDNY’s instructions for filing sealed documents. The proposed sealed document(s) should be attached to the motion for leave to file under seal.

Sealed documents must be marked "TO BE SEALED" and submitted to chambers with explanation and authority.

Documents sought to be sealed must be clearly marked "TO BE SEALED" and submitted to chambers for an order, together with an explanation, including citation to authority, of why sealing is necessary.

When leave to seal is granted, the sealed written submission should still be filed on ECF.

Written submissions to be filed under seal, if the Court grants leave to do so, should also be filed on ECF.

Sealed filing requires a motion for leave filed via ECF and compliance with EDNY sealed-filing instructions.

Motions for leave to file documents under seal should be filed via ECF in accordance with the EDNY’s instructions for filing sealed documents.

Motions to seal must be filed via ECF with proposed sealed documents attached.

Motions for leave to file documents under seal should be filed via ECF in accordance with the EDNY's instructions for filing sealed documents. The proposed sealed documents should be attached to the motion for leave to file under seal.

Objections to presentence reports must be filed under seal on ECF.

Objections should be filed under seal on ECF and served upon opposing counsel and the Probation Department.

Sealed documents must be submitted in hard copy unless leave granted to file on ECF.

Sealed documents or documents containing sealed/sensitive information must be submitted in hard copy and labeled "File Under Seal," unless the parties have already sought and received leave of court to file sealed papers on ECF.

Criminal sealed-filing procedures are provided in the referenced EDNY instruction document.

Instructions for filing sealed documents in criminal cases are at: https://img.nyed.uscourts.gov/files/forms/EfilingSealedCR.pdf.

A motion for leave is required and must be filed via ECF to file documents under seal.

Motions for leave to file documents under seal should be filed via ECF in accordance with the EDNY’s instructions for filing sealed documents.

Civil sealed-filing procedures are provided in the referenced EDNY instruction document.

Instructions for filing sealed documents in civil cases are at: https://img.nyed.uscourts.gov/files/forms/EfilingSealedCV.pdf.

Presentence report objections should be filed under seal on ECF and served on opposing counsel and Probation.

Objections should be filed under seal on ECF and served upon opposing counsel and the Probation Department.

Sealing requests require a first-step motion for leave with a cover letter explaining the sealing or redaction basis and the target document.

All requests for filing under seal must be made in two parts: Part 1: The filing party shall first file a motion for leave to file under seal. The motion should include a cover letter explaining the reason(s) for sealing, restricting access to, or filing a redacted version of the document, along with the document that is requested to be sealed/restricted/redacted.

For redacted filings, the filer must provide both versions together or provide an unredacted version with visible highlighted proposed redactions.

When seeking to file a redacted document, the filing party must submit either: (a) the unredacted and redacted versions of the document together; or (b) the unredacted version with the proposed redactions highlighted such that the text to be redacted is still visible.

Sealed filings must be filed on ECF as sealed documents.

File on ECF as sealed document.

A party filing under seal must file both the proposed sealed document(s) and a sealing motion on ECF according to EDNY instructions.

Any party seeking to file a submission under seal shall file the proposed sealed document(s) and sealing motion on ECF in accordance with the instructions on the Eastern District’s website at:

A sealing motion and proposed sealed documents must be filed on ECF when seeking to file under seal.

Any party seeking to file a submission under seal shall file the proposed sealed document(s) and sealing motion on ECF in accordance with the instructions on the Eastern District’s website at:

Documents that are sealed or contain sealed/sensitive information must be submitted only in hard copy with a sealing label.

Sealed documents or documents containing sealed/sensitive information must be submitted in hard copy only and labeled “Sealed” or “Sensitive.”

Only FRCP 5.2 categories may be redacted without prior permission; all other redactions require Court approval per Lugosch test.

There are limited categories of information that may be redacted from public ECF filings without prior permission from the Court: those items listed in Federal Rule of Civil Procedure 5.2. All other redactions or filing seal of Court materials require Court approval.

A single motion to seal must address all documents for which sealing is sought, with each document as separate exhibits.

A party seeking to file a redacted or sealed document should file a single motion to seal that addresses every document (as separate exhibits) for which sealing or redaction is sought.

Both redacted public versions and unredacted sealed versions of motions to seal must be filed.

A public version of the motion should attach the exhibits containing limited redactions or an indication that the entire document is sealed, as appropriate. A private version of the motion should be filed under seal with these same documents unredacted in their entirety.

Sealed electronic filing requires prior leave by motion with the proposed filing attached under seal, and only then may the original be filed separately under seal in ECF.

Parties must seek permission to file electronic documents under seal. To obtain permission, the party must file a motion for leave to file under seal with the proposed filing as a sealed attachment. If leave is granted, the original document may be filed in a separate filing under seal in ECF.

Confidential information filed with the Court must be filed under seal.

All information subject to confidential treatment in accordance with the terms of this Stipulation and Order that is filed with the Court, including any pleadings, motions or other papers filed with the Court that includes Confidential Information, shall be filed under seal to the extent permitted by law (including, without limitation any applicable rules of court) and shall be kept under seal until further order of the Court.

Requests to seal court documents must be made under Rule 3(C), not by letter motion.

Any motion seeking (i) a stay of discovery; (ii) the sealing of court documents; or (iii) other non-dispositive relief, such as motions for leave to amend, shall be made in accordance with Rule 3(C) infra, and not by letter motion under this rule.

Motions to file under seal must be filed via ECF with sealed documents attached.

Motions for leave to file documents under seal must be filed via ECF in accordance with the EDNY’s instructions for electronically filing sealed documents. The proposed sealed document(s) must be attached to the motion for leave to file under seal.

Confidential treatment may be applied to proprietary commercial data, sensitive personal data, medical/legal records, and non-public criminal history.

Sensitive Commercial Data, such as confidential or proprietary research, development, manufacturing, or commercial or business information, trade secrets, special formulas, company security matters, customer lists, financial data, projected sales data, production data, matters relating to mergers and acquisitions, and pricing data. Sensitive Personal Data, such as personal identifiers, financial information, tax records, and employer personnel records. Medical and Legal Records, including medical files and reports. Non-public criminal history.

Parties must follow the EDNY civil sealed-document e-filing procedure.

The parties shall comply with the Eastern District of New York’s Steps for E-Filing Sealed Documents in Civil cases, located at https://www.nyed.uscourts.gov/sites/default/files/forms/EfilingSealedCV.pdf, if they

A court order specifically identifying the documents is required before any sealed filing.

No document may be filed with the Clerk under seal without an order of this Court addressing the specific documents to be sealed.

A proposed redacted version must be submitted for public docketing with a sealing application.

The application shall also include a proposed redacted version of the document(s) in question for public docketing.

Motions to seal must be filed via ECF with proposed sealed documents attached.

Motions for leave to file documents under seal must be filed via ECF in accordance with the Court's instructions for electronically filing sealed documents. The proposed sealed documents must be attached to the motion for leave to file under seal.

Sealed document motions must be filed via ECF with proposed sealed documents attached.

Motions for leave to file documents under seal must be filed via ECF in accordance with the EDNY's instructions for electronically filing sealed documents. The proposed sealed document(s) must be attached to the motion for leave to file under seal.

A motion for leave must be filed on ECF to submit documents under seal, following EDNY sealing instructions.

Motions for leave to file documents under seal must be filed via ECF in accordance with the EDNY’s instructions for electronically filing sealed documents.

Prior court permission is required before filing documents under seal.

Documents may not be filed under seal without prior permission of the Court.

A motion for leave is required before filing under seal, and publicly filed documents cannot be retroactively sealed.

Parties wishing to seal documents must first obtain court permission by filing a motion for leave to file a sealed document. Please note that the Court cannot retroactively seal a publicly filed document, even if the public filing was erroneous.

Sealed electronic filing is allowed only after filing a letter motion for leave and obtaining court permission.

For example, parties may file documents electronically under seal provided they first file a letter motion for leave to do so and obtain the Court’s permission.

Proposed redactions should be highlighted or otherwise identified while keeping the underlying text readable.

Proposed redactions should be highlighted or otherwise identified in such a way that the material to be redacted remains readable.

A sealing request should explain necessity and include narrowly tailored proposed redactions.

A request to file under seal should explain why sealing is necessary and be accompanied by proposed redactions that are narrowly tailored to address the confidentiality interests at issue.

Objections must be filed under seal on ECF and served on opposing counsel and Probation.

Objections should be filed under seal on ECF and served upon opposing counsel and the Probation Department.

Filing under seal governed by Local Rules (full rule not provided in this excerpt).

See full rule and refer to Local Rules.

Sealed documents require settlement rules compliance or prior court permission.

Documents may be electronically filed under seal only if filed pursuant to the Court's settlement rules or with prior permission of the Court.

Rule 5.2-authorized redactions are exempt from the requirement to apply to the Court.

The redactions expressly authorized by Rule 5.2 may be made without application to the Court.

Ex parte settlement statements are treated as confidential and no separate motion to file ex parte is required when the Court has directed ex parte electronic filing.

As these ex parte statements will be treated as confidential and will not be publicly docketed, they should include a realistic statement of the party=s settlement position. As the Court will have previously directed counsel to file the settlement positions statements via ex parte electronic filing, a separate motion to file ex parte is NOT required.

Only confidential portions of filings should be sealed when possible.

Where possible, only confidential portions of the filings with the Court shall be filed under seal.