Eastern District of Pennsylvania Sealing & Redaction Procedures

Confidentiality/sealing orders require good cause and specific language.

Source text: 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.”

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

Source text: 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.

Redacted copy must be filed when document is ordered sealed.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Confidentiality or sealing orders are only approved upon a showing of good cause.

Source text: The Court will only approve confidentiality or sealing orders for good cause shown.

Sealed documents must be submitted to the Clerk of Court via email along with a motion to impound.

Source text: 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.

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

Source text: 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.”

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

Source text: 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.

Public filing required within 7 days of docketing sealed submissions.

Source text: 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

Protective orders on confidentiality require statutory requirement or good cause.

Source text: 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.

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

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

Complaints should almost never be filed under seal.

Source text: complaints should almost never be filed under seal.

Motion to file under seal must be filed on public docket by ECF with unredacted documents emailed to chambers

Source text: (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.

Once granted, file complete unredacted sealed documents on ECF docket and highlight non-public portions

Source text: (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.

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

Source text: (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.

Sealed documents must be filed on ECF and sent to chambers like courtesy copies; paper copies not accepted

Source text: 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.

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

Source text: 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.

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

Source text: 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

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

Source text: 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.

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

Source text: 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.

Motion to seal must explain why secrecy outweighs public access.

Source text: 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.'

Motion to seal must specify interests in nondisclosure.

Source text: 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.

File redacted versions of sealed documents on public docket unless redactions are too extensive.

Source text: 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.

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

Source text: 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 proposed order omits redaction requirement, explain why redaction would render documents unreadable.

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

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

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

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

Source text: 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.

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

Source text: 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.

Sealing motions must justify overcoming public access presumption.

Source text: 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.

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

Source text: 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.

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

Source text: 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.”

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

Source text: 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.

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

Source text: 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.”

Sealed document motions must be filed publicly on ECF with unredacted copy to Clerk.

Source text: 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).

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

Source text: 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.

Unredacted documents must be filed in paper copy with Clerk, not electronically.

Source text: 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.”).

Motion to seal required before filing sealed documents, with courtesy copies.

Source text: Except in emergency situations, a party may not file a document under seal (or redact necessary and/or substantive information) without first obtaining leave of court. A party seeking leave must file its motion of record with a courtesy copy of all documents that the party proposes to file under seal.

Unredacted version with highlighted redactions required for redacted filings.

Source text: When filing a redacted document, a party must file an unredacted version that highlights any portion that the party proposes to redact.

Leave of court required to file under seal (except emergencies), with courtesy copy of proposed sealed documents required; redacted versions generally must be filed publicly.

Source text: Except in emergency situations, a party may not file a document under seal (or redact necessary and/or substantive information) without first obtaining leave of court. A party seeking leave must file its motion of record with a courtesy copy of all documents that the party proposes to file under seal. In recognition of the common law right of public access, Judge Wolson will generally require the parties to file redacted versions of any sealed documents on the public record, unless the redactions would be so extensive as to render the document unreadable.

When filing a redacted document, an unredacted version highlighting proposed redactions must also be filed.

Source text: When filing a redacted document, a party must file an unredacted version that highlights any portion that the party proposes to redact.

Sealed documents must comply with Local Rule 5.1.2, Section 6 and require a motion for leave to file under seal.

Source text: 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.

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

Source text: 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.

Sealed filings must be accompanied by a motion for leave to file under seal.

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

Motions to seal require good cause to be shown.

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

Inadvertently produced privileged documents must be immediately returned.

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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.

Documents generally require court leave to be filed under seal, except in emergencies.

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

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

Source text: 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.

Redacted versions of sealed documents must be filed on public docket unless redactions would make documents unreadable.

Source text: 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.

Motions to seal must be filed on public docket with redacted copies, and unredacted copies must be provided to court and parties.

Source text: 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.

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

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

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

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

Redacted versions of sealed documents must be filed on public docket unless redactions would make document unreadable.

Source text: 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.

Motions to seal should be filed on public docket with redacted copies, and unredacted copies provided to court and parties.

Source text: 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.

Protective orders must include specific language about filing under seal.

Source text: 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.”

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

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

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

Source text: 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.

Sealed filing procedure requires narrow proposal and good cause.

Source text: (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.

After seal approval, file unredacted documents under seal and highlight non-public portions.

Source text: (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.

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

Source text: (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.

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

Source text: 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."

Confidentiality/sealing orders require good cause.

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

Confidentiality or sealing orders require a showing of good cause.

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

Parties must collaborate on sealing motions for confidential material.

Source text: 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

Confidentiality/sealing orders require good cause under Fed. R. Civ. P. 26(c)(1)(G) and must contain specific language reserving the Court's right to modify.

Source text: Judge Hodge will only consider entry of 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 (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."

Sealed/redacted documents require scrutiny.

Source text: Required scrutiny of proposed sealed or redacted documents

Parties must follow Clerk's general procedures for filing sealed documents.

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

Sealing orders require good cause and specific language.

Source text: 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.”

Parties may redact irrelevant highly sensitive PII from filings without court leave.

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

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

Source text: 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.

Challenging protective orders requires item-by-item justification.

Source text: 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.

Parties must follow Clerk's general procedures for filing sealed documents.

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