Eastern District of Pennsylvania Sealing & Redaction Procedures

CRITICAL

Confidentiality/sealing orders require good cause and specific language.

The Court will only approve confidentiality or sealing orders for good cause shown. See Pansy v. Borough of Stroudsburg, 23 F.3d 772 (3d Cir. 1994); In re: Avandia Marketing Sales Practices and Products Liability Litig, 924 F.3d 662 (3d Cir. 2019). All such orders must contain the following language or language substantially similar: “The court may order disclosure of any subject covered by this stipulation or modify this stipulation at any time in the interest of justice.”

CRITICAL

Redacted copy must be filed when document is ordered sealed.

If the Court orders that a document be filed under seal, a redacted copy of the document must be filed, unless the Court's order specifies otherwise, or redaction would render the document unreadable.

CRITICAL

When Court orders sealing, a redacted copy must be filed unless ordered otherwise or redaction would make it unreadable.

If the Court orders that a document be filed under seal, a redacted copy of the document must be filed, unless the Court's order specifies otherwise, or redaction would render the document unreadable.

CRITICAL

Documents cannot be filed under seal without court leave, except in emergencies.

Parties are not permitted to file documents under seal without leave of the Court, unless an emergency arises. Judge Henry will permit parties to file documents under seal or with redactions only after a showing of good cause or presentation of an enforceable private confidentiality agreement contracted prior to litigation. Parties cannot stipulate to sealing documents to avoid showing good cause.

CRITICAL

Documents cannot be filed under seal without leave of court unless emergency; good cause or pre-litigation confidentiality agreement required.

Parties are not permitted to file documents under seal without leave of the Court, unless an emergency arises. Judge Henry will permit parties to file documents under seal or with redactions only after a showing of good cause or presentation of an enforceable private confidentiality agreement contracted prior to litigation. Parties cannot stipulate to sealing documents to avoid showing good cause.

CRITICAL

Sealed documents must be submitted together with a motion to impound to the Clerk of Court by email at ECF_Documents@paed.uscourts.gov.

If counsel file sealed documents, then counsel must submit the sealed documents, and a motion to impound, to the Office of the Clerk of Court via email at ECF_Documents@paed.uscourts.gov.

CRITICAL

Confidentiality and sealing orders are approved only for good cause shown, given the public policy favoring transparency, and must be used sparingly and be narrowly tailored.

The Court will only approve confidentiality or sealing orders for good cause shown. Public policy favors transparency in judicial proceedings. Protective orders and confidentiality agreements undermine such transparency and complicate the resolution of cases at both the trial and appellate level. They should be used sparingly and be narrowly tailored.

CRITICALCivil cases

Existing confidentiality orders allow sealed filings without separate motion; otherwise, motion to seal required.

Where a confidentiality order which covers the duration of litigation has already been entered by the Court, filings which include information subject to that confidentiality order may be filed under seal without the filing of a separate motion to seal. If no such confidentiality order has been entered, any filing placed under seal must be accompanied by a contemporaneous motion to seal.

CRITICALCivil cases

Confidentiality/sealing orders require good cause and specific language about Court's modification rights.

Judge Weilheimer will consider entry of a stipulated confidentiality or sealing orders if the parties demonstrate that “good cause” exists pursuant to Fed. R. Civ. P. 26(c)(1)(G). See Pansy v. Borough of Stroudsburg, 23 F.3d 772, 786 (3d. Cir. 1994). All such orders must contain the following language: “The Court retains the right to allow disclosure of any subject covered by this stipulation or to modify this stipulation at any time in the interest of justice.”

CRITICALCivil cases

Within seven days of the docketing of anything filed under seal (or, in the case of a motion, within seven days of the close of briefing on a given motion), a filing party of any sealed submission shall publicly file a

Within seven days of the docketing of anything filed under seal (or, in the case of a motion, within seven days of the close of briefing on a given motion), a filing party of any sealed submission shall publicly file a

CRITICAL

Judicial records are presumptively public, and any party seeking to shield them from public view must prove the interest in secrecy outweighs the presumption of public access.

The public has a presumed right of access to judicial records and documents. Any party wishing to shield such records and documents from public view must prove why the interest in secrecy outweighs the presumption of public access.

CRITICAL

Documents cannot be filed under seal in civil cases without leave, except in emergencies.

Unless it is an emergency, documents may not be filed under seal in a civil case absent leave.

CRITICAL

Protective orders on confidentiality require statutory requirement or good cause.

Judge Murphy will not enter a discovery protective order on confidentiality in a civil case unless statutorily required or for demonstrated good cause, but will enforce private confidentiality agreements as a matter of contract law.

CRITICAL

(ii) If the motion to file under seal is granted, file the complete, unredacted versions of the documents under seal by ECF on the docket (observing appropriate deadlines). Consistent with representations made when seeking leave to file under seal, and any related order, counsel should highlight the non-public portions of sealed documents.

(ii) If the motion to file under seal is granted, file the complete, unredacted versions of the documents under seal by ECF on the docket (observing appropriate deadlines). Consistent with representations made when seeking leave to file under seal, and any related order, counsel should highlight the non-public portions of sealed documents.

CRITICAL

Within 30 days of filing under seal, file thoughtfully and narrowly redacted public versions on ECF docket

(iii) Within 30 days of the filing under seal (or as otherwise ordered), file thoughtfully and narrowly redacted, public versions of the same documents by ECF on the docket.

CRITICAL

Documents filed under seal should be filed appropriately using ECF. Any documents filed under seal should also be sent to chambers in the same manner as courtesy copies (see section 10, below). Paper copies will not be accepted.

Documents filed under seal should be filed appropriately using ECF. Any documents filed under seal should also be sent to chambers in the same manner as courtesy copies (see section 10, below). Paper copies will not be accepted.

CRITICAL

Complaints should almost never be filed under seal.

complaints should almost never be filed under seal.

CRITICAL

(i) Well ahead of any applicable deadline, move to file under seal, proposing sealed material as narrowly as possible and articulating good cause consistent with applicable precedent. The motion to file under seal should be filed on the public docket by ECF. Any unredacted documents accompanying the motion should be contemporaneously e- mailed to chambers. The moving party should indicate the consent of opposing counsel.

(i) Well ahead of any applicable deadline, move to file under seal, proposing sealed material as narrowly as possible and articulating good cause consistent with applicable precedent. The motion to file under seal should be filed on the public docket by ECF. Any unredacted documents accompanying the motion should be contemporaneously e- mailed to chambers. The moving party should indicate the consent of opposing counsel.

CRITICAL

Proposed protective order must state reasons good cause exists and private interests outweigh public interests.

The proposed order attached to the motion must itself also state the reasons good cause exists and state that the private interests in nondisclosure outweigh the public interests in disclosure.

CRITICAL

Documents cannot be filed under seal without leave except in emergencies; motions for leave must be public.

Except in emergency situations, no documents may be filed under seal without first obtaining leave. All motions for leave to file documents under seal should be filed on the public

CRITICAL

Even when the Court grants a motion for leave to file under seal, the Court will generally still expect the parties to file redacted versions of the sealed documents on the public docket unless the redactions would be so extensive as to render the document unreadable.

Even when the Court grants a motion for leave to file under seal, the Court will generally still expect the parties to file redacted versions of the sealed documents on the public docket unless the redactions would be so extensive as to render the document unreadable.

CRITICAL

Provide unredacted copies of all sealed documents to court and parties.

The movant must also provide the Court and all other parties with unredacted copies of the motion and all documents that the party proposes to file under seal.

CRITICAL

Proposed orders for sealed filings must require filing redacted versions on public docket.

Proposed orders attached to motions for leave to file under seal must include language requiring the parties to file redacted versions of the sealed documents to the public docket.

CRITICAL

Motion for protective order must explain good cause under FRCP 26(c).

As required by Federal Rule of Civil Procedure 26(c), a motion seeking a confidentiality/protective order must explain why there is good cause for the Court to issue the order.

CRITICAL

Sealing motions must justify overcoming public access presumption.

When a proposed confidentiality/protective order would permit a party to file any material to the docket under seal, the motion and the proposed order must identify justifications for sealing the materials that would overcome the “presumptive right of public access,” as discussed further in section I.E, supra. Id. at 672.

CRITICAL

Motion to seal must identify specific injuries if materials are not sealed.

The motion—and the proposed order attached to the motion—must identify “clearly defined and serious injur[ies]” the movant will suffer if the materials are not kept under seal.

CRITICAL

Motion to seal must specify interests in nondisclosure.

The Court will not grant a motion for leave to file under seal that fails to identify the movant's interests in nondisclosure with specificity.

CRITICAL

Confidentiality/protective orders require formal motion, not stipulated orders.

Requests for confidentiality/protective orders must be made by formal motion. The Court will not accept stipulated proposed orders in lieu of a motion.

CRITICAL

If proposed order omits redaction requirement, explain why redaction would render documents unreadable.

If a movant omits this language from its proposed order, the movant must explain in its motion why redaction would render the documents unreadable.

CRITICAL

Protective orders must reserve court's power to modify for justice.

Further, the Court will not approve any protective order unless it contains language providing that “the court reserves its inherent power to modify the terms of this agreement and permit the disclosure of information where the interest of justice so requires.”

CRITICAL

When filing sealed motions, provide unredacted copies to court and parties.

Insofar as a motion contains or refers to information that the movant seeks to file under seal, the movant may redact that information in the copy of the motion filed on the docket. When a movant files a motion with redacted materials, the movant must also provide the Court and all other parties with an unredacted copy of the motion.

CRITICAL

Protective orders cannot allow parties to seal materials without court approval.

The Court will not approve a protective order containing language that gives the parties discretion to file materials under seal without the Court’s prior and specific approval.

CRITICAL

Motion to seal must explain why secrecy outweighs public access.

In recognition of the common law right of public access to judicial records, a motion for leave to file under seal must articulate, clearly and specifically, why the moving party’s “interest in secrecy” outweighs the “presumptive right of public access.”

CRITICAL

Confidentiality orders require detailed explanation of injury and specific categories of protected information.

The Judge will consider entry of an order approving stipulated confidentiality agreements or protective orders only if the proposed order explains, in detail, why disclosure would cause a “clearly defined and serious injury” and defines the categories of information subject to protection with specificity.

CRITICAL

Redacted version must be filed publicly on ECF unless entire document is sealed.

A redacted version of the document must be included with the motion and filed publicly on ECF. A redacted version is not necessary if the party is seeking to file the entire document under seal.

CRITICAL

A party who seeks to file a document (or portions thereof) under seal must file a motion for permission to file the document under seal. The motion must contain the following items, all of which shall be filed publicly on ECF, with the exception of an unredacted copy of the document, which shall be filed in paper copy with the Clerk of Court (see subsection (v) below).

A party who seeks to file a document (or portions thereof) under seal must file a motion for permission to file the document under seal. The motion must contain the following items, all of which shall be filed publicly on ECF, with the exception of an unredacted copy of the document, which shall be filed in paper copy with the Clerk of Court (see subsection (v) below).

CRITICAL

Format

PAPER

The unredacted version of the document should be filed under seal, which—unlike the rest of the motion—must be filed in paper copy with the Clerk of Court, with instructions to the Clerk to file the document as a sealed exhibit to the motion. See E.D. Pa. Local R. Civ. P. 5.1.2(7) (“Documents ordered to be placed under seal must be filed in paper copy filed in the traditional manner and not electronically.”).

The unredacted version of the document should be filed under seal, which—unlike the rest of the motion—must be filed in paper copy with the Clerk of Court, with instructions to the Clerk to file the document as a sealed exhibit to the motion. See E.D. Pa. Local R. Civ. P. 5.1.2(7) (“Documents ordered to be placed under seal must be filed in paper copy filed in the traditional manner and not electronically.”).

CRITICAL

Confidentiality orders must include court's right to modify or allow disclosure.

All such orders must contain the following language (or language substantially similar): “The Court retains the right to allow disclosure of any subject covered by this stipulation or to modify this stipulation at any time in the interest of justice.”

CRITICAL

Parties filing material under seal must familiarize themselves with the sealing standard established in In re Avandia.

Any party seeking to file material under seal must familiarize itself with the standard set forth in In re Avandia Mktg., Sales Pracs. & Prod. Liab. Litig., 924 F.3d 662 (3d Cir. 2019).

CRITICAL

Parties must collaborate when filing sealing motions involving opponent-marked confidential material; non-cooperation may result in cost sanctions.

Judge Wolson expects parties to work together when filing motions to seal. That is, if a party seeks to file under seal material that an opponent has marked “confidential,” the parties must work together to prepare the required information (such as affidavits or other material necessary to carry the burden of placing material under seal). If a party fails in this obligation, Judge Wolson will consider imposing the costs of additional proceedings (including responses or reconsideration motions necessary to supplement the record) on that party.

CRITICAL

When filing a redacted document, the party must submit an unredacted version with highlighted proposed redactions to Chambers or via CM/ECF.

When filing a redacted document, a party must submit to Chambers or file on CM/ECF an unredacted version that highlights any portion that the party proposes to redact.

CRITICAL

A party that seeks to file material under seal must file a sealing motion when it files the material that it seeks to seal. Except in emergency situations, a party may not file a document under seal (or redact necessary and/or substantive information) without a contemporaneous motion to seal the specified information (or without a motion filed in advance that identifies specific information to be placed under seal).

A party that seeks to file material under seal must file a sealing motion when it files the material that it seeks to seal. Except in emergency situations, a party may not file a document under seal (or redact necessary and/or substantive information) without a contemporaneous motion to seal the specified information (or without a motion filed in advance that identifies specific information to be placed under seal).

CRITICAL

Parties are reminded that sealed filings should be accompanied by a motion for leave to file under seal.

Parties are reminded that sealed filings should be accompanied by a motion for leave to file under seal.

CRITICAL

Highly sensitive documents require compliance with January 22, 2021 Standing Order procedures.

Parties filing “Highly Sensitive Documents,” i.e., those containing sensitive or confidential information that is likely to be of interest to a foreign power or agent of a foreign power and whose use or disclosure by such a foreign actor would cause significant harm, shall comply with the procedures and requirements set forth in the January 22, 2021 Standing Order captioned In re: Procedures Governing the Filing or Retrieval of Highly Sensitive Documents, available here on the court website.

CRITICAL

Please refer to Local Rule of Civil Procedure 5.1.2, Section 6, for instructions on filing sealed documents. Parties are reminded that sealed filings should be accompanied by a motion for leave to file under seal.

Please refer to Local Rule of Civil Procedure 5.1.2, Section 6, for instructions on filing sealed documents. Parties are reminded that sealed filings should be accompanied by a motion for leave to file under seal.

CRITICAL

Motions to seal require good cause to be shown.

The Court will only grant motions to seal upon good cause shown.

CRITICALCivil cases

Electronic documents that contain privileged information or attorney work product shall be immediately returned if the documents appear on their face to have been inadvertently produced or if there is notice of the inadvertent production.

Electronic documents that contain privileged information or attorney work product shall be immediately returned if the documents appear on their face to have been inadvertently produced or if there is notice of the inadvertent production.

CRITICALCivil cases

Receiving party must return or destroy all copies of inadvertently produced privileged documents.

All copies shall be returned or destroyed by the receiving party.

CRITICAL

Sealed filings require motion to seal, good cause, and specific email procedures.

Any party seeking to file documents under seal must comply with the Court’s Standing Order when timely filing the motion to seal (under Section IV below) before filing the substantive motion (unless impossible due to time exigencies) as narrowly as possible, articulate good cause consistent with our Court of Appeals’ precedent, contemporaneously file the sealed records under a “Notice of Sealed Documents in support of [requested relief]” by emailing to ECF_Documents@paed.uscourts.gov, and contemporaneously email the documents sought to be sealed to our Chambers.

CRITICAL

Sealed filings require motion to seal filed first, then Notice of Sealed Documents emailed to ECF address and documents emailed to Chambers.

Any party seeking to file documents under seal must comply with the Court's Standing Order when timely filing the motion to seal (under Section IV below) before filing the substantive motion (unless impossible due to time exigencies) as narrowly as possible, articulate good cause consistent with our Court of Appeals' precedent, contemporaneously file the sealed records under a "Notice of Sealed Documents in support of [requested relief]" by emailing to ECF_Documents@paed.uscourts.gov, and contemporaneously email the documents sought to be sealed to our Chambers.

CRITICAL

Except in emergency situations, documents should not be filed under seal without first obtaining leave of court.

Except in emergency situations, documents should not be filed under seal without first obtaining leave of court.

CRITICAL

Even when Judge Goldner Cinquanto grants a motion for leave to file under seal, she will generally still expect the parties to file redacted versions of the sealed documents on the public docket unless the redactions would be so extensive as to render the document unreadable. Proposed orders attached to motions for leave to file under seal must include language requiring the parties to file redacted versions of the sealed documents to the public docket. If a movant omits this language from its proposed order, the movant must explain in its motion why redaction would render the documents unreadable.

Even when Judge Goldner Cinquanto grants a motion for leave to file under seal, she will generally still expect the parties to file redacted versions of the sealed documents on the public docket unless the redactions would be so extensive as to render the document unreadable. Proposed orders attached to motions for leave to file under seal must include language requiring the parties to file redacted versions of the sealed documents to the public docket. If a movant omits this language from its proposed order, the movant must explain in its motion why redaction would render the documents unreadable.

CRITICAL

All motions for leave to file documents under seal should be filed on the public docket. If a motion contains or refers to information that the movant seeks to file under seal, the movant may redact the relevant information in the copy of the motion filed on the docket. When a movant files a motion with redacted information, the movant must provide the Court and all parties with unredacted copies of all documents that the party proposes to file under seal.

All motions for leave to file documents under seal should be filed on the public docket. If a motion contains or refers to information that the movant seeks to file under seal, the movant may redact the relevant information in the copy of the motion filed on the docket. When a movant files a motion with redacted information, the movant must provide the Court and all parties with unredacted copies of all documents that the party proposes to file under seal.

CRITICAL

Motions to seal must clearly explain why secrecy outweighs public access and identify specific injuries from disclosure.

Any motion for leave to file under seal, including any motion for a proposed confidentiality/protective order that would permit a party to file any material under seal, must articulate, clearly and specifically, why the moving party’s “interest in secrecy” outweighs the “presumptive right of public access.” Avandia, 924 F.3d at 672. The motion— and the proposed order attached to the motion—must identify “clearly defined and serious injur[ies]” the movant will suffer if the materials are not kept under seal. Id. Judge Goldner Cinquanto will not grant a motion for leave to file under seal that fails to identify the movant’s interests in nondisclosure with specificity.

CRITICAL

Protective orders may not include language allowing parties to seal materials without prior specific court approval.

Also, Judge Arteaga will not approve a protective order containing language that gives the parties discretion to file materials under seal without the Court’s prior and specific approval.

CRITICAL

Documents should not be filed under seal without first obtaining leave of court, except in emergencies.

Except in emergency situations, documents should not be filed under seal without first obtaining leave of court.

CRITICAL

Even when sealing is granted, parties must generally file redacted versions on the public docket unless redactions would render the document unreadable.

Even when Judge Arteaga grants a motion for leave to file under seal, he will generally still expect the parties to file redacted versions of the sealed documents on the public docket unless the redactions would be so extensive as to render the document unreadable. Proposed orders attached to motions for leave to file under seal must include language requiring the parties to file redacted versions of the sealed documents to the public docket. If a movant omits this language from its proposed order, the movant must explain in its motion why redaction would render the documents unreadable.

CRITICAL

Protective orders must include specific language about filing under seal.

Any proposed protective order must include language to the following effect: “Protected material may only be filed under seal pursuant to a court order authorizing the sealing of the specific material at issue. If a party’s request to file material under seal is denied by the Court, then the party may file the information in the public record unless otherwise instructed by the Court. The Court retains the right to allow disclosure of any subject covered by this order or to modify this order at any time in the interest of justice.”

CRITICAL

Emergency sealed filings must be delivered by email or fax with explanation.

In the event of an emergency, the parties shall deliver by email or facsimile the documents and explain why seal is necessary and the nature of the emergency.

CRITICAL

Non-emergency documents cannot be filed under seal without leave.

Unless it is an emergency, documents may not be filed under seal in a civil case absent leave.

CRITICAL

Sealed filing procedure requires narrow proposal and good cause.

(i) Well ahead of any applicable deadline, move to file under seal, proposing sealed material as narrowly as possible and articulating good cause consistent with applicable precedent. The motion to file under seal should be filed on the public docket by ECF. Any unredacted documents accompanying the motion should be consent of opposing counsel.

CRITICAL

(ii) If the motion to file under seal is granted, file the complete, unredacted versions of the documents under seal by ECF on the docket (observing appropriate deadlines). Consistent with representations made when seeking leave to file under seal, and any related order, counsel should highlight the non-public portions of sealed documents.

(ii) If the motion to file under seal is granted, file the complete, unredacted versions of the documents under seal by ECF on the docket (observing appropriate deadlines). Consistent with representations made when seeking leave to file under seal, and any related order, counsel should highlight the non-public portions of sealed documents.

CRITICAL

Within 30 days, file redacted public versions of sealed documents.

(iii) Within 30 days of the filing under seal (or as otherwise ordered), file thoughtfully and narrowly redacted, public versions of the same documents on the docket. Documents filed under seal should be filed appropriately using ECF.

CRITICALCivil cases

Stipulated confidentiality/sealing orders must demonstrate good cause and include specific language reserving the Court's right to modify.

Judge Slomsky will consider entry of stipulated confidentiality or sealing orders if the proposed order includes a detailed statement demonstrating that good cause exists for the order. See Pansy v. Borough of Stroudsberg, 23 F.3d 772, 786 (3rd Cir. 1994). All such orders must contain the following language (or language substantially similar): "The Court retains the right to allow disclosure of any subject covered by this stipulation or to modify this stipulation at any time in the interest of justice."

WARNING

Parties may redact highly sensitive PII that is not relevant to the disposition of the case without first obtaining leave of Court.

The parties may redact highly sensitive Personally Identifiable Information (PII) that is not relevant to the disposition of the case without leave of Court.

WARNINGCivil cases

For parties without outside counsel, disclosure of confidential information is limited to one designated in-house attorney, with 5 days advance notice to the producing party.

If a party is not represented by an outside attorney, disclosure of the confidential document or information shall be limited to one designated "in house" attorney, whose identity and job functions shall be disclosed to the producing party 5 days prior to any such disclosure, in order to permit any motion for protective order or other relief regarding such disclosure.

WARNINGCivil cases

Interim protective order: confidential documents must be marked and disclosure limited to outside attorneys until a protective order is entered.

If any document or information produced in this matter is deemed confidential by the producing party and if the Court has not entered a protective order, until a protective order is issued by the Court, the document shall be marked "confidential" or with some other confidential designation (such as "Confidential – Outside Attorneys Eyes Only") by the disclosing party and disclosure of the confidential document or information shall be limited to each party's outside attorney(s) of record and the employees of such outside attorney(s).

WARNING

Confidentiality/sealing orders require good cause.

The court will only approve confidentiality or sealing orders for good cause shown.

WARNING

Confidentiality or sealing orders require a showing of good cause.

The court will only approve confidentiality or sealing orders for good cause shown.

WARNING

The Court will approve sealing orders upon a showing of good cause, and the Deputy must be notified whenever judicial documents are impounded or proceedings are sealed.

The Court will ===== PAGE 22 ===== approve of sealing orders for good cause shown. Please notify Judge Younge’s Deputy, Ms. Dedra Brannan, whenever any judicial documents are to be impounded, or whenever any court proceedings must be sealed.

WARNING

Sealed/redacted documents require scrutiny.

Required scrutiny of proposed sealed or redacted documents

WARNING

Sealing orders require good cause and specific language.

Judge Reid will approve confidentiality or sealing orders for good cause shown. See Pansy v Borough of Stroudsburg, 23 F.3d 772 (3d Cir. 1994). Such orders must contain this language: “the Court retains the right to allow disclosure of any subject covered by this stipulation or to modify this stipulation at any time in the interest of justice.”

INFO

Large scale discovery may use categorical protective orders if well-defined.

In cases involving large scale discovery, however, the Court will consider approving protective orders that grant protection to discovery materials on a categorical basis so long as each protected category is reasonably well defined.

INFO

Challenging protective orders requires item-by-item justification.

If a party later challenges such a protective order, the party seeking to maintain protection over the materials will bear the burden of justifying those materials’ continued protection on an item-by-item basis.

INFO

Sealing motions or submissions designating more than 10 individual references for sealing will likely be referred to a special master, with costs split on a case-by-case basis.

For any motion or submission in which parties designate more than 10 individual references (that is, separate exhibits or different excerpts of single exhibits) for sealing, Judge Wolson will likely refer the sealing motion to a special master, and Judge Wolson will determine on a case-by-case basis how to split the special master’s costs.

INFO

Parties should also otherwise conform to the Clerk's general procedures for filing documents under seal.

Parties should also otherwise conform to the Clerk's general procedures for filing documents under seal.

INFO

Categorical protective orders for large scale discovery are allowed if categories are well-defined, with burden on proponent to justify continued protection item-by-item if challenged.

In cases involving large scale discovery, Judge Arteaga will consider motions to approve protective orders that protect discovery materials on a categorical basis so long as each protected category is reasonably well defined. If a party later challenges such an order, the party seeking to maintain protection over the materials will bear the burden of justifying those materials’ continued protection on an item-by-item basis.

CRITICAL

Redactions must not be so extensive as to render the document unreadable, in accordance with the common law right of public access.

In recognition of the common law right of public access, Judge Wolson requires parties redactions would be so extensive as to render the document unreadable.

CRITICAL

Motions for leave to file under seal should be filed on the public docket with redactions; unredacted copies must be provided to the Court and all parties.

All motions for leave to file documents under seal should be filed on the public docket. If a motion contains or refers to information that the movant seeks to file under seal, the movant may redact the relevant information in the copy of the motion filed on the docket. When a movant files a motion with redacted information, the movant must provide the Court and all parties with unredacted copies of all documents that the party proposes to file under seal.