Northern District of California Sealing & Redaction Procedures

Sealing requires a narrowly tailored court order; chambers copies must include both redacted and unredacted material with confidential portions highlighted.

Parties are reminded that court proceedings are presumptively public, and no document shall be filed under seal without request for a court order that is narrowly tailored to cover only the document, the particular portion of the document, or category of documents which meet the applicable legal standard for sealing. To the extent that filings include under seal materials, chambers copies should include all material—both redacted and unredacted—so that the chambers staff does not have to re-assemble the whole brief or declaration, although chambers copies should clearly delineate which portions are confidential (via highlighting).

For administrative motions to seal, provide chambers copies of unredacted documents with proposed redactions highlighted; do not submit redacted versions.

Chambers copies in administrative motions to seal: As noted in paragraph 11 below, parties shall provide chambers copies of the unredacted documents with proposed redacted material highlighted only. Parties shall not submit chambers copies of the redacted versions of documents they seek to seal.

Sealing procedures apply to complex cases/motions with considerable sealed material.

12. Motions to Seal. Parties shall adhere to the below sealing procedures for complex cases/motions where considerable material is being filed under seal. The Court will advise parties if such procedures should be followed, although they may also raise the applicability of the below procedures with the Court in the first instance.

File primary motion/brief as separate docket entry before sealing.

Procedures for Filing Under Seal: If a party seeks to file a document under seal the filing party shall: a. File the primary motion, brief, or other docket item (the “Primary Entry”) as its own docket entry, per normal filing procedures.

File temporary sealing motion with all attachments when requesting seal.

b. If requesting that the Primary Entry or any attachment be sealed, do not include any attachments to the Primary Entry. 1 Immediately file a motion to file under seal using the event “Administrative Motion to File Under Seal” event (“Temporary Sealing Motion”).

Serve all sealed documents to parties and third parties with confidential info.

c. Service and Opportunity for Dedesignation i. The filing party shall serve all documents to be sealed upon all parties and on any designating third party whose confidential information is included.

Designating parties have 10 days to respond to sealing designations.

ii. Within 10 calendar days of receiving service, each designating party or third party shall communicate with the filing party regarding the sealing designations made.

File omnibus sealing stipulation within 14 days after briefing concludes.

Post-Briefing Omnibus Sealing Procedures a. Within 14 calendar days following the conclusion of briefing on the motion or other filing 2 for which the sealing requests were made, the parties shall file, after the filing and designating parties meet and confer regarding the proposed sealing and redactions:

For administrative motions to seal, provide chambers with unredacted documents showing proposed redactions highlighted.

For documents submitted in connection with administrative motions to seal, parties shall provide chambers copies of the unredacted documents with proposed redacted material highlighted, as required Civil Local Rule 79-5(d)(1)(D), only. Do not submit chambers copies of the redacted versions of documents sought to be sealed.

For administrative motions to seal, unredacted chambers copies must have proposed redactions highlighted; redacted versions do not require chambers copies.

Chambers copies in administrative motions to seal: As noted in paragraph 11 below, parties shall provide chambers copies of the unredacted documents with proposed redacted material highlighted only. Parties shall not submit chambers copies of the redacted versions of documents they seek to seal.

Court inclined to seal PII/PHI; filing under seal requires redacted primary entry, Temporary Sealing Motion with attachments, and no additional docket entry for entirely sealed documents.

As a general matter, the parties are advised that the Court is not inclined to seal competitively sensitive information that is more than three years old, but it is inclined to seal personally identifiable information (“PII”) or protected health information (“PHI”). 12.1 Procedures for Filing Under Seal: If a party seeks to file a document under seal, the filing party shall: a. File the primary motion, brief, or other docket item (the “Primary Entry”) as its own docket entry, per normal filing procedures. b. If requesting that the Primary Entry or any attachment be sealed, do not include any attachments to the Primary Entry. For example, if a party wishes to redact confidential material included in its brief, the party must file the redacted version of the brief as the Primary Entry. Do not include exhibits or attachments to that entry. To file the sealed brief, exhibits, or attachments, next immediately file a motion to file under seal using the event “Administrative Motion to File Under Seal” event (“Temporary Sealing Motion”). i. The Temporary Sealing Motion shall include as attachments all items associated with the Primary Entry. Note that if, like Ex. C above, a document is filed entirely under seal, there is no need to file an additional docket entry with a cover page indicating that it has been filed under seal, as under the standard procedures.

Sealing procedures require meet and confer within 7 calendar days of briefing conclusion; one omnibus stipulation/motion covers all Daubert motions and cross-motions; parties (not Clerk) file improperly sealed documents on public docket after stipulation; agreed PHI/PII need not be in sealing chart or proposed order.

Within 7 calendar days following the conclusion of briefing on the motion or other filing for which the sealing requests were made, the parties shall meet and confer regarding the proposed sealing and redactions. All Daubert motions shall be treated as one motion for purposes of this section. This means that though there may be numerous Daubert motions, parties shall file one Omnibus Sealing Stipulation and one set of Omnibus Sealing Motions, as described in this section. Similarly, cross-motions shall be treated as one motion. If the parties agree that a document was improperly sealed, or that redactions should be modified, the parties (and not the Clerk of Court) shall file those documents on the public docket after filing the omnibus sealing stipulation. To the extent the parties agree that information constitutes PHI or PII, the parties need not include this information in the sealing chart or proposed order.

Sealed documents with multiple parts require single PDF via Chambers Copies ONLY case type or email to Courtroom Deputy.

Electronic copies of sealed documents are required when a filed document consists of multiple parts and includes more than one part sought to be filed under seal—for example, a declaration with six exhibits, three of which are sought to be filed under seal. Parties must submit a single PDF of the entire document either by (a) following the instructions for Uploading Digital Exhibits available at https://cand.uscourts.gov/attorneys/attorney-practice-resources, using the “Chambers Copies ONLY” Case Type, and selecting the “SEALED” dropdown in the box under “Case Name” or (b) contacting the Courtroom Deputy at jstcrd@cand.uscourts.gov to arrange a different method of delivery (e.g., sharing a secured file link).

Sealed document exhibits must be bookmarked and sealed material highlighted; PDF should have ECF stamp.

Each exhibit must be bookmarked, and sealed material or material sought to be filed under seal must be highlighted. Where possible, the PDF must bear the ECF stamp (case number, document number, date, and page number) at the top of each page.

Documents presumptively public; sealing requires narrowly tailored court order with good cause.

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

Administrative motion to seal required under Local Rule 79-5 with proposed order chart.

If a party wishes to file a document under seal, that party shall first file an administrative motion to seal in accordance with Local Rule 79-5 and include a proposed order which includes a chart in the following format:

Sealing motions must include a chart with ECF/exhibit number, document description, portions to seal, and reasons for sealing.

Motions to seal documents shall be filed in accordance with Civil Local Rule 79-5. In addition, each administrative motion filed pursuant to Civil Local Rule 79-5(c) and declaration filed pursuant to Civil Local Rule 79-5(f)(3) shall include a chart, in the format set forth below, which includes the following four columns: (1) ECF number or exhibit number of the document sought to be sealed; (2) description or name of the document sought to be sealed; (3) portion(s) of the document to seal; and (4) reason(s) why the document should be sealed, including citation to the applicable declaration. Each separate document for which sealing is sought shall have its own row in the table.

Filing party must refile public versions within 7 days if Court's redactions are narrower than current public versions.

Once the Court adjudicates a sealing motion, if the redactions and sealing granted by the Court are narrower than what was redacted in the current public versions, the Filing Party shall refile public versions of the redacted or sealed document(s) within 7 days, unless the Filing Party submits a renewed sealing motion or a Designating Party submits a renewed declaration for any document in that filing.

Sealed briefs/exhibits must be delivered unredacted with yellow highlighting; no redacted copies to Court.

When all or a portion of a substantive brief and/or supporting exhibits has been sealed, the chambers copy of the brief and/or supporting exhibits shall contain a complete set of the brief and/or supporting exhibits in unredacted form with any supporting exhibits organized sequentially. Any portions of the substantive brief and/or exhibits that have been sealed shall be highlighted in yellow. No chambers copies of redacted briefs or exhibits shall be delivered to the Court.

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

The Court requires strict compliance with Civil Local Rule 79-5.

Sealed documents must be highlighted to show proposed redactions.

Each document filed under seal must be highlighted to show the proposed redactions. If a party believes it is appropriate to seal an entire document, the filed document should be labeled to indicate that sealing is sought in full.

Motions to seal must include a chart with specific columns.

In addition to complying with Civil Local Rule 79-5, each motion to seal must include a chart, in the format set forth below, which includes the following columns: (1) ECF number or exhibit number of the document sought to be sealed; (2) description or name of the document sought to be sealed; (3) portion(s) of the document to seal; and (4) reason(s) why the document should be sealed, including citation to the applicable declaration.

Sealed documents require paper and electronic courtesy copies with highlighted redactions.

For any documents submitted under seal, the parties shall provide a courtesy paper copy as required by Criminal Local Rule 56-1, and a courtesy electronic copy via flash drive. Chambers copies of sealing motions shall include only unredacted documents, with any proposed redactions highlighted.

Parties must provide specific justification for sealing documents and narrowly tailored redactions.

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.

Sealing requires compliance with Civil Local Rule 79-5 with judge-specific modifications.

Any party seeking to file a document under seal must carefully review and comply with Civil Local Rule 79-5, except as that Rule is modified here for civil cases before Judge Gilliam.

Motion to seal must specify which standard applies and provide explanation.

When submitting a motion to seal, the filing party must state whether the compelling reasons or good cause standard applies and explain why. See Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178-82 (9th Cir. 2006).

Must provide specific justification for sealing each document; generic 'competitive harm' claims insufficient.

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 blanket statements about the grounds for sealing. Generic and vague references to 'competitive harm' are almost always insufficient justification for sealing.

Proposed sealing order must include table with docket numbers, document names, specific portions, and sealing reasons with citations.

Any proposed order under Civil Local Rule 79-5(c)(3) must include in the table for each item sought to be sealed: (1) the docket numbers of the public and provisionally sealed versions of documents sought to be filed under seal; (2) the name of the document; (3) the specific portion(s) of the document sought to be filed under seal; and (4) the filer's reasons for seeking sealing of the material, along with citations to the relevant declarations and any supporting legal authority.

Revised redacted/unredacted versions required for declarations seeking less extensive sealing than administrative motions.

include a new proposed order in the tabular format required by Civil Local Rule 79-5(c)(3) that includes the Designating Party's reasons for sealing the material. In addition, any declaration by a Designating Party under Civil Local Rule 79-5(c)(3) that seeks less extensive sealing than its associated administrative motions to seal must be accompanied by revised redacted and unredacted versions of the documents sought to be sealed that comply with the requirements of Civil Local Rule 79-5(d) and (e), including the requirement that the portions sought to be sealed must be clearly marked on the unredacted version.

Administrative motion to seal required before filing sealed documents.

If a party wishes to file a document under seal, that party shall first file an administrative motion to seal in accordance with Local Rule 79-5.

Documents must comply with Civil Local Rule 79-5 for sealing, with modifications for Judge Donato's cases.

Any party seeking to file a document under seal must carefully review and comply with Civil Local Rule 79-5, except as that Rule is modified here for civil cases before Judge Donato.

Declaration must establish document is privileged, trade secret, or otherwise protected under law.

The declaration and proposed order required by Civil Local Rule 79-5(d)(1) must establish, with reference to appropriate authority, that each of the following requirements is met: a. The document or document portion is 'privileged, protectable as a trade secret or otherwise entitled to protection under the law.' Civil L.R. 79-5(b). (Note that '[r]eference to a stipulation or protective order that allows a party to designate certain documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable.' Civil L.R. 79-5(d)(1)(A).)

Must identify 'good cause' or 'compelling reasons' standard and provide specific reasons for sealing.

The 'strong presumption of access to judicial records' may be rebutted under the appropriate legal standard, i.e., the 'good cause' or 'compelling reasons' standard. See Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178-82 (9th Cir. 2006) (discussing 'good cause' and 'compelling reasons' standards with respect to dispositive and non-dispositive motions). The declaration and proposed order must identify the appropriate standard and articulate why the materials to be sealed satisfy that standard. The reasons provided must be specific to the portions of the document sought to be sealed; '[s]imply mentioning a general category of privilege, without any further elaboration or any specific linkage with the documents, does not satisfy the burden.' Id. at 1184. Generic, non-specific reasons are not sufficient under either standard. See id. at 1180.

Proposed order must include table with reasons and citations for each sealed item.

Any proposed order under Civil Local Rule 79-5(d)(1)(B) must include in the table for each item sought to be sealed the filer's reasons for seeking sealing of the material, along with citations to the relevant declarations.

Designating Party must include new proposed order with reasons in tabular format.

Any declaration by a Designating Party under Civil Local Rule 79-5(e)(1) must include a new proposed order in the tabular format required by Civil Local Rule 79-5(d)(1)(B) that includes the Designating Party's reasons for sealing the material. In addition, any declaration by a Designating Party under Civil Local Rule 79-5(e)(1) that seeks less extensive

Declarations claiming confidentiality to non-parties must be served on those non-parties.

Any declaration, whether under Civil Local Rule 79-5(d)(1)(A) or (e)(1), that claims confidentiality obligations to a non-party as a basis for sealing a document or a portion of a document must be served on the non-party as set forth in Civil Local Rule 79-5(e).

Non-parties have 4 days from declaration service to file their own declaration.

The non-party must also be notified that it must comply with the procedures set forth in that rule for Designating Parties, except that the non-party will have four days from service of the declaration -- rather than four days from the filing of the administrative motion to seal -- to file a declaration under Civil Local Rule 79-5(e)(1).

Sealed document portions must be clearly marked on unredacted versions.

All portions of documents sought to be sealed must be clearly marked on the unredacted versions of documents submitted to the Court, as required by Civil Local Rule 79-5(d)(1)(D). The Court emphasizes this requirement, because it is usually ignored.

Combined motion to seal must identify superseded prior motions.

The later combined motion to seal that is filed should clearly identify the docket numbers of the prior motions to seal that are superseded by the combined motion.

Failure to follow combined motion procedure results in denial without prejudice.

If the Court determines that the parties should have followed this procedure but did not, it will deny the motions to seal without prejudice.

Sealed documents filed with Oakland Clerk's Office; chambers copy to San Francisco.

Parties seeking to file a document under seal must follow the procedures required by the Criminal Local Rules. All documents under seal should be lodged with the Oakland Clerk's Office. The parties shall, however, submit a chambers copy of the documents under seal directly to this Court's San Francisco chambers in accordance with the above provision on chambers copies.

Motions in limine are presumptively not sealed; leave to file under seal is ordinarily not granted.

The Court ordinarily does not grant leave to file motions in limine under seal.

Parties seeking less extensive sealing than Civil Local Rule 79-5(f) must file revised redacted, unredacted, and proposed order documents.

If a Designating Party seeks less extensive sealing than a motion filed under Civil Local Rule 79-5(f), that party must file revised redacted and unredacted versions of the documents sought to be sealed, as well as a revised proposed order.

Unredacted partially sealed documents must highlight portions sought to be sealed, with different colors for multiple parties' designations.

Unredacted versions of all documents sought to be partially filed under seal “must highlight the portions for which sealing is sought.” Civil L.R. 79-5(e)(2). If the document contains information sought to be sealed by multiple parties, a different color highlighting should be used to indicate the material designated by each party.

Sealed documents with multiple parts under seal must be submitted as a single PDF via Uploading Digital Exhibits instructions or secured file link.

Electronic copies of sealed documents are required when a filed document consists of multiple parts and includes more than one part sought to be filed under seal—for example, a declaration with six exhibits, three of which are sought to be filed under seal. Parties must submit a single PDF of the entire document either by (a) following the instructions for Uploading Digital Exhibits available at https://cand.uscourts.gov/attorneys/attorney-practice-resources, using the “Chambers Copies ONLY” Case Type, and selecting the “SEALED” dropdown in the box under different method of delivery (e.g., sharing a secured file link).

For documents with multiple parts including more than one sealed part, a single PDF of the entire document must be submitted via the specified upload process or by contacting the courtroom deputy; exhibits must be bookmarked, sealed material highlighted, and ECF stamp included if possible.

Electronic copies of sealed documents are required when a filed document consists of multiple parts and includes more than one part sought to be filed under seal—for example, a declaration with six exhibits, three of which are sought to be filed under seal. Parties must submit a single PDF of the entire document either by (a) following the instructions for Uploading Digital Exhibits available at https://cand.uscourts.gov/attorneys/attorney-practice-resources, using the “Chambers Copies ONLY” Case Type, and selecting the “SEALED” dropdown in the box under “Case Name” or (b) contacting the Courtroom Deputy at jstcrd@cand.uscourts.gov to arrange a different method of delivery (e.g., sharing a secured file link). Each exhibit must be bookmarked, and sealed material or material sought to be filed under seal must be highlighted. Where possible, the PDF must bear the ECF stamp (case number, document number, date, and page number) at the top of each page.

Motions to seal must include a chart with ECF number, document description, portions to seal, and reasons for sealing.

Motions to seal documents shall be filed in accordance with Civil Local Rule 79-5. In addition, each administrative motion filed pursuant to Civil Local Rule 79-5(c) and declaration filed pursuant to Civil Local Rule 79-5(f)(3) shall include a chart, in the format set forth below, which includes the following four columns: (1) ECF number of the document sought to be sealed; (2) description or name of the document sought to be sealed; (3) portion(s) of the document to seal; and (4) reason(s) why the document should be sealed, including citation to the applicable declaration. Each separate document for which sealing is sought shall have its own row in the table.

Motions to seal must comply with Civil Local Rule 79-5 and include a chart with four columns (ECF number, description, portions to seal, reasons).

Parties are reminded that court proceedings are presumptively public, and no document shall be filed under seal without request for a court order that is narrowly tailored to cover only the document, the particular portion of the document, or the category of documents for which good cause exists for filing under seal. Motions to seal documents shall be filed in accordance with Civil Local Rule 79-5. In addition, each administrative motion filed pursuant to Civil Local Rule 79-5(c) and declaration filed pursuant to Civil Local Rule 79-5(f)(3) shall include a chart, in the format set forth below, which includes the following four columns: (1) ECF number of the document sought to be sealed; (2) description or name of the document sought to be sealed; (3) portion(s) of the document to seal; and (4) reason(s) why the document should be sealed, including citation to the applicable declaration. Each separate document for which sealing is sought shall have its own row in the table.

Documents cannot be filed under seal without court order showing good cause.

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

Documents cannot be filed under seal without a narrowly tailored court order showing good cause.

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

Sealing motions must comply with Local Rule 79-5 and provide specific arguments for sealing.

Any motion to seal must comply with Local Rule 79-5 and state whether the compelling reasons or good cause standard applies and why. Make arguments specific to the portions of documents sought to be sealed. Blanket or generic statements like 'competitive harm' are almost never sufficient.

Highlight redactions for partially sealed documents and label entirely sealed documents.

Highlight proposed redactions to any documents sought to be filed partially under seal. Label documents sought to be entirely sealed accordingly.

Multiple sealing motions must be consolidated into a single joint motion.

If the briefing on a substantive motion includes multiple sealing motions, Judge Pitts requires a single joint motion that consolidates all requests.

For sealed attachments, only unredacted versions should be uploaded to Box.com.

If certain attachments have been filed under seal (or provisionally filed under seal with an accompanying motion to seal), only the unredacted versions of the attachments should be uploaded to Box.com.

Strict compliance with Civil Local Rule 79-5 is required, except for 79-5(d)(2).

The Court requires strict compliance with Civil Local Rule 79-5 (with the exception of 79-5(d)(2), as explained below).

Documents filed under seal must be highlighted to show proposed redactions.

Each document filed under seal must be highlighted to show the proposed redactions.

For sealed attachments, upload only unredacted versions to Box.com with dual docket numbering.

In the event that certain attachments have been filed under seal (or provisionally filed under seal with an accompanying motion to seal), only the unredacted versions of the attachments should be uploaded to Box.com. The PDF files should be named first with the docket number associated with the redacted version of the document and second with the document number associated with the unredacted/sealed version of the document.

Sealed exhibit requests must specify portions, explain narrow tailoring, and why other measures insufficient

identifying what specific portion needs to be sealed, why the request is narrowly tailored and supported by compelling reasons, and why other measures would be insufficient.

Required

Always

Strict compliance with Civil Local Rule 79-5 is required, except for section 79-5(d)(2).

The Court requires strict compliance with Civil Local Rule 79-5 (with the exception of 79-5(d)(2), as explained below).

Required

Always

Documents filed under seal must be highlighted to show proposed redactions.

Each document filed under seal must be highlighted to show the proposed redactions.

Motions to seal require strict compliance with Civil Local Rule 79-5 (except 79-5(d)(2)), and are strongly disfavored.

The Court requires strict compliance with Civil Local Rule 79-5 (with the exception of 79-5(d)(2), as explained below). The Court strongly disfavors motions to seal. Public access to court records is a fundamental aspect of our democracy and justice system.

Sealed attachments uploaded to Box.com must be unredacted, named with redacted then sealed docket numbers, organized logically.

If certain attachments have been filed under seal (or provisionally filed under seal with an accompanying motion to seal), only the unredacted versions of the attachments should be uploaded to Box.com. The PDF files should be named first with the docket number associated with the redacted version of the document and second with the document number associated with the unredacted/sealed version of the document. E.g., “[61-2] [62-2] Decl Doe Ex 1 - News Release.” All attachments (sealed or unsealed) should then be organized so that they can be viewed in logical order.

Each sealed item requires a specific showing; blanket requests are insufficient and may be denied entirely.

The filing party must make a specific showing as to each statement or document to be sealed. Blanket requests that make generic reference to “competitive harm” are almost always insufficient. If a party files a request that is significantly overbroad or fails to provide a specific reason for sealing, the Court will consider denying the request in its entirety and placing all documents sought to be sealed on the public docket.

Sealed documents must be highlighted to show redactions; fully sealed documents must be labeled as such.

Each document filed under seal must be highlighted to show the proposed redactions. In the rare situation where a party believes it is appropriate to seal an entire document, the document filed under seal should be labeled to indicate that sealing is sought in full.

Complicated sealing motions require the Motion to Seal Summary Table; more than 10 sealed documents require Box.com upload.

If counsel has a complicated sealing motion, counsel shall file the Motion to Seal Summary Table linked under the Standing Orders tab of Judge Lin’s website. Also, if more than 10 documents are sought to be sealed, the filing party must deliver an electronic courtesy copy via Judge Lin’s chambers’ Box.com storage as detailed above.

Portions of the fraud prevention plan in settlement administrator declarations may be submitted under seal if necessary.

a detailed fraud prevention plan, of which portions may be submitted under seal if necessary and which shall include a discussion of the availability of real-time fraud reporting, assessments to detect if an unusual number of payments are being sent to linked accounts, and measures taken to avoid unnecessary hurdles for valid claimants;

Attorneys with high lodestar motions must include detailed billing records, which may be filed under seal via motion to seal.

If the lodestar is on the high side in light of the stage of the case, attorneys should support their motion with detailed billing records, which they may seek to file under seal.

For sealed attachments, upload only unredacted versions to Box.com and name files with both redacted and unredacted docket numbers.

In the event that certain attachments have been filed under seal (or provisionally filed under seal with an accompanying motion to seal), only the unredacted versions of the attachments should be uploaded to Box.com. The PDF files should be named first with the docket number associated with the redacted version of the document and second with the document number associated with the unredacted/sealed version of the document.

Documents under seal must comply with Civil Local Rule 79-5 (modified for Judge Thompson); non-conforming motions may be summarily terminated.

Any party seeking to file a document under seal must carefully review and comply with Civil Local Rule 79-5, except as that Rule is modified here for civil cases before Judge Thompson. Any non-confirming Motion to Seal may be summarily terminated by the Court.

Filing party must provide specific justification for sealing each document with narrowly tailored redactions

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 blanket statements about the grounds for sealing. Generic and vague references to “competitive harm” are almost always insufficient justification for sealing.

Proposed order for sealing must include table with docket numbers, document names, portions, and sealing reasons

Any proposed order under Civil Local Rule 79-5(c)(3) must include in the table for each item sought to be sealed: (1) the docket numbers of the public and provisionally sealed versions of documents sought to be filed under seal; (2) the name of the document; (3) the specific portion(s) of the document sought to be filed under seal; and (4) the filer’s reasons for seeking sealing of the material, along with citations to the relevant declarations and any supporting legal authority.

Designating Party declarations must include tabular proposed order and revised redacted/unredacted versions

Any declaration by a Designating Party under Civil Local Rule 79-5(f)(3) must include a new proposed order in the tabular format required by Civil Local Rule 79-5(c)(3) that includes the Designating Party’s reasons for sealing the material. In addition, any declaration by a Designating Party under Civil Local Rule 79-5(c)(3) that seeks less extensive sealing than its associated administrative motions to seal must be accompanied by revised redacted and unredacted versions of the documents sought to be sealed that comply with the requirements of Civil Local Rule 79-5(d) and (e), including the requirement that the portions sought to be sealed must be clearly marked on the unredacted version.

Sealed documents must follow Criminal Local Rules and be lodged with SF Clerk's Office with chambers copy.

Parties seeking to file a document under seal must follow the procedures required by the Criminal Local Rules. All documents under seal should be lodged with the San Francisco Clerk’s Office and the parties shall submit a chambers copy of the documents under seal.

Designating Parties under Civil Local Rule 79-5(c)(3) seeking less extensive sealing than associated administrative motions to seal must include compliant redacted and unredacted document versions with sealed portions clearly marked on unredacted copies.

Designating Party under Civil Local Rule 79-5(c)(3) that seeks less extensive sealing than its associated administrative motions to seal must be accompanied by revised redacted and unredacted versions of the documents sought to be sealed that comply with the requirements of Civil Local Rule 79-5(d) and (e), including the requirement that the portions sought to be sealed must be clearly marked on the unredacted version.

Strict compliance required with Civil Local Rule 79-5 (except 79-5(d)(2)).

The Court requires strict compliance with Civil Local Rule 79-5 (with the exception of 79-5(d)(2), as explained below).

Sealed documents require paper and electronic courtesy copies.

For any documents submitted under seal, the parties shall provide a courtesy paper copy, as required by Criminal Local Rule 56-1, and a courtesy electronic copy. The electronic copy may be provided via a portable flash drive, email, or compact disk.

Filing party must justify sealing with specific showing and narrow redactions.

Federal courts are paid for by the public, and the public has the right to inspect court records, subject to only narrow exceptions. 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.

Proposed redactions must be highlighted on unredacted document.

The parties should highlight any proposed redactions on the unredacted version of the document.

Strict compliance required with Civil Local Rule 79-5, except for 79-5(d)(2).

The Court requires strict compliance with Civil Local Rule 79-5 (with the exception of 79-5(d)(2), as explained below).

Documents filed under seal must be submitted electronically in unredacted form.

the document at issue is appropriately filed electronically under seal in an unredacted form.

Filing parties must state the applicable sealing standard and explain its application when submitting a motion to seal.

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

Motions to seal require a specific per-document showing for narrow redactions; overbroad or vague requests risk denial and public docketing of all sought documents.

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. Generic and vague references to “competitive harm” are almost always insufficient justification for sealing. If a party files a request to seal that is significantly overbroad and/or does not provide adequate reasons for concealing information from the public, the party bears the risk that the Court will simply deny the request in its entirety and place all documents sought to be sealed on the public docket.

Sealed documents must be highlighted to show proposed redactions; entirely sealed documents must be labeled as such.

Each document filed under seal must be highlighted to show the proposed redactions. In the rare situation where a party believes it is appropriate to seal an entire document, the document filed under seal should be labeled to indicate that sealing is sought in full.

Parties must upload unredacted copies of sealed documents to an online location designated by the Clerk's office.

For any documents submitted under seal, the parties shall upload unredacted copies to an online location designated by the Clerk's office.

Filing party must make a specific showing explaining why sealing is justified and redactions are narrowly tailored.

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.

Sealed filings require unredacted chambers copies with redactions highlighted.

For sealed filings, chambers copies should include only the unredacted version of the filing with redactions highlighted.

Protective orders should use model orders when practicable; redline required if differing from model.

If parties believe a protective order is necessary, they shall when practicable use one of the model protective orders, available at https://cand.uscourts.gov/rules-forms-fees/northern-district-guidelines/model-protective-orders. When parties ask the Court to approve a stipulated protective order, they must file with the proposed order either (i) a statement in which they confirm that the proposed protective order doesn’t differ in any respect from the model order, or (ii) a redline comparing the proposed protective order with the model order,

Documents are presumptively public; sealing requires compliance with Local Rule 79-5

Parties are reminded that court proceedings are presumptively public. Any request to file a document under seal must comply with Civil Local Rule 79-5.

Any request to file under seal must comply with Civil Local Rule 79-5.

Any request to file a document under seal must comply with Civil Local Rule 79-5.

Sealing requires compliance with Local Rule 79-5 and declaration if based on confidentiality designation.

Any party seeking to file a document under seal must comply with Civil Local Rule 79-5. The motion shall include a statement by the moving party that it has reviewed and complied with that rule. If the sole basis for the motion is that the opposing party, or a non-party, has designated the document "confidential," the designating party shall file a declaration identifying the appropriate legal standard, i.e., the good cause standard or the compelling reasons standard, and demonstrating why the document at issue meets the applicable legal standard. The declaration shall be filed by the deadline specified in Civil Local Rule 79-5(e)(1).

Court proceedings presumptively public; seal requests require narrowly tailored court order via L.R. 79-5 administrative motion.

(d) For motions to file under seal, the parties are reminded that court proceedings are presumptively public, and no document shall be filed under seal without request for a court order that is narrowly tailored to cover only the document, the particular portion of the document, or category of documents that is sealable under the governing legal standard. If a party wishes to file a document under seal, that party shall first file an administrative motion to seal in accordance with L.R. 79-5.

For motions to seal, provide unredacted chambers copy with highlighted redacted portions and 'UNREDACTED VERSION' notation.

(g) For motions to seal, the parties need only provide a courtesy copy of the unredacted version of the document sought to be filed under seal. The unredacted version must indicate, by highlighting or other clear method, the portions of the document that have been omitted from the redacted version, and prominently display the notation “UNREDACTED VERSION OF DOCUMENT(S) SOUGHT TO BE SEALED.” The unredacted copy must be presented in the same form as if no sealing order was being sought. In other words, if a party is seeking to file under seal one or more exhibits to a declaration, or portions thereof, the chambers copy should include the declaration with both exhibits that require no redaction and the exhibits that require redaction.

For sealed filings, provide docket numbers and email unredacted chambers copy with confidential material highlighted.

so, provide the docket numbers of the request and order on the request, and identify whether the request was granted or denied. Parties shall also submit by email to PHKpo@cand.uscorts.gov a complete unredacted chambers copy of any brief or supporting papers lodged under seal with all confidential material highlighted or otherwise clearly indicating which portions the Parties seek to seal.

Do not submit redacted versions as chambers copies for sealed documents.

Parties shall not submit redacted versions of the documents that they seek to seal as chambers copies.

Documents under seal require written request with good cause and proposed order

If a party wishes to file a document under seal, that party shall first file a written request for a sealing order setting forth the good cause and accompanied by a proposed order, as provided by Civil L.R. 79-5.

To file under seal, first submit a written request with good cause showing and a proposed order.

If a party wishes to file a document under seal, that party shall first file a written request for a sealing order setting forth the good cause and accompanied by a proposed order, as provided by Civil L.R. 79-5.

Sealing requests must include prior request history and unredacted chambers copy with highlighted confidential material.

Any party who submits a request to file under seal pursuant to Civil Local Rule 79-5 shall include a statement to inform the Court: (1) whether the document, or portion thereof, has been the subject of a previous request to file under seal; and (2) if so, provide the docket numbers of the request and order on the request, and describe whether the request was granted or denied. Parties shall also submit a complete unredacted chambers copy of any brief or supporting papers lodged under seal with all confidential material highlighted. Parties are admonished that all requests to seal shall be narrowly tailored to seal only those specific portions that the parties contend are confidential.

Sealing requests must include prior request history and unredacted chambers copy.

All stipulated protective orders and filings shall comply with Civil Local Rule 79-5. Any party who submits a request to file under seal pursuant to Civil Local Rule 79-5 shall include a statement to inform the Court: (1) whether the document, or portion thereof, has been the subject of a previous request to file under seal; and (2) if so, provide the docket numbers of the request and order on the request, and describe whether the request was granted or denied. Parties shall also submit a complete unredacted chambers copy of any brief or supporting papers lodged under seal with all confidential material highlighted.

Documents presumptively public; sealing requests must comply with Local Rule 79-5

The parties are reminded that court proceedings are presumptively public. Any request to file a document under seal must comply with Civil Local Rule 79-5.

Documents may only be filed under seal with narrowly tailored court order meeting legal standard.

Parties are reminded that court proceedings are presumptively public, and no document shall be filed under seal without request for a court order that is narrowly tailored to cover only the document, the particular portion of the document, or category of documents which meet the applicable legal standard for sealing.

Chambers copies of sealed filings must include both redacted and unredacted materials with confidential portions highlighted.

To the extent that filings include under seal materials, chambers copies should include all material—both redacted and unredacted—so that the chambers staff does not have to re-assemble the whole brief or declaration, although chambers copies should clearly delineate which portions are confidential (via highlighting).

Motions to seal must comply with Civil Local Rule 79-5 and this Standing Order.

All Motions to Seal relating to any civil matter assigned to Judge Davila must strictly comply with Civil Local Rule 79-5 and this Standing Order. Any non-conforming Motion to Seal may be summarily terminated by the Court.

Separate Motion to Seal required for each pleading; omnibus motions prohibited.

One Motion per Pleading: A separate Motion to Seal must be filed for every pleading sought to be sealed. Omnibus Motions to Seal which seek to seal numerous pleadings shall not be filed.

Redacted motion must be filed as separate ECF entry when sealing a motion.

When the subject of a sealing request is a motion (such as a Motion to Dismiss or Motion for Summary Judgment), the moving party must file the redacted version of the motion sought to sealed as a separate docket entry on ECF simultaneously with the Motion to Seal. This separate filing shall occur in addition to attaching the redacted version to the Motion to Seal. The moving party shall choose the “motion” event type when uploading the redacted copy to ECF and shall input the reserved hearing date for the motion sought to be sealed.

Do not submit redacted versions as chambers copies; unredacted copies must indicate sealed portions.

Parties shall not submit redacted versions of the documents that the parties seek to seal as chambers copies. Chambers copies of unredacted documents shall clearly indicate which portions the parties seek to seal.

For sealed filings, submit only unredacted version; indicate sealed portions.

When all or a portion of a filing has been sealed, the parties shall submit only the unredacted version of that filing. Chambers copies of unredacted documents shall clearly indicate the portions that are subject to sealing orders.

Unredacted chambers copy with highlighted confidential material required for sealed filings.

Parties shall also submit a complete unredacted chambers copy of any brief or supporting papers lodged under seal with all confidential material highlighted.

Good faith determination required before designating information as confidential.

Before designating any specific information “Confidential” or “Confidential-Attorneys’ Eyes Only,” the designating party’s counsel shall make a good faith determination that the information warrants protection under Rule 26(c) of the Federal Rules of Civil Procedure. The burden of establishing confidentiality shall be on the designating party.

Court rarely grants leave to file motions in limine under seal

The Court ordinarily does not grant leave to file motions in limine under seal.

Chambers copies of sealed documents are recycled unless parties request otherwise.

If parties are asked to provide chambers copies of documents filed under seal, the chambers copies with confidential materials will be handled like all other chambers copies of materials without special restriction, and will typically be recycled, not shredded. If the parties wish to dispose of documents filed under seal in some other way, they must expressly indicate as much in their sealing motion and make arrangements to pick up the documents upon disposition of the motion.

Motions in limine are ordinarily not allowed to be filed under seal.

The Court ordinarily does not grant leave to file motions in limine under seal.

Sealing requests for information related to public health/safety hazards will only be granted for the most compelling reasons.

In addition to the requirements of Civil Local Rule 79-5, only for the most compelling reasons will the Court grant a sealing request covering information that relates to potential hazards to the health, safety, or well-being of the public.

Sealed testimony scheduled together on single trial day, may require witness recall

If sealed testimony is required, all sealed witness testimony will typically be scheduled to occur together on a single trial day, even if that disrupts testimony by requiring the recall of witnesses, so please consider if sealing is truly necessary.

Motions to seal are almost always denied and frivolous submissions will be sanctioned.

The Court almost always denies motions to seal because they are almost always without merit. Parties that submit frivolous motions to seal or frivolously overbroad motions will be sanctioned.

Motions to seal are almost always denied and may result in sanctions if frivolous.

The Court almost always denies motions to seal because they are almost always without merit. Parties that submit frivolous motions to seal or frivolously overbroad motions will be sanctioned. See Nevro Corp. v. Boston Scientific Corp., 2018 WL 2111164 (N.D. Cal. May 8, 2018). Federal courts are paid for by the public, and the public has the right to inspect court records, subject only to narrow exceptions.

Parties should highlight proposed redactions on the unredacted version of the document.

The parties should highlight any proposed redactions on the unredacted version of the document.

The confidential statement filed by defendants regarding inability to pay will not be disclosed to other parties.

The contents of this confidential statement will not be disclosed to the other parties.

In Social Security cases, parties should use only the plaintiff's initials in pleadings to protect privacy.

Where a plaintiff seeks review of a decision by the Commissioner of Social Security denying plaintiff Social Security benefits, the parties should use only the initials of the plaintiff in their pleadings to protect the plaintiff's privacy.

Sealed documents must follow court's standing order and Civil L.R. 79-5; sealing requests for dispositive motions are rarely granted.

Confidential and/or sealed documents shall be handled in accordance with this court's standing order and Civil L.R. 79-5, both of which the parties shall consult before moving for a protective order or requesting a sealing order. Requests to seal documents used in conjunction with dispositive motions are rarely granted and then only upon a showing of the most compelling of reasons.

Broad protective orders giving parties sealing discretion will not be approved

The court will not approve a broad protective order that essentially gives each party carte blanche to decide which portions of the record will be sealed and, therefore, not made part of the public record.

Confidential documents lose protection when offered as trial exhibits without compelling reasons

Any document will lose its confidential status if offered as an exhibit at trial, absent a showing of the 'most compelling' reasons.

Court generally does not allow motions in limine to be filed under seal.

The Court ordinarily does not grant leave to file motions in limine under seal.

Chambers copies of sealed documents handled like regular copies, typically recycled not shredded.

If parties are asked to provide chambers copies of documents filed under seal, the chambers copies with confidential materials will be handled like all other chambers copies of materials without special restriction, and will typically be recycled, not shredded.

Alternative disposal of sealed documents requires express indication in sealing motion.

If the parties wish to dispose of documents filed under seal in some other way, they must expressly indicate as much in their sealing motion and make arrangements to pick up the documents upon disposition of the motion.

Initial motion to seal can indicate a combined motion will follow after briefing.

If the parties anticipate that this paragraph will apply to a round of briefing, they may indicate in the initial motion to file under seal that accompanies a brief or other document as it is lodged under seal on the docket, that a more fulsome and revised motion to seal will be forthcoming after the completion of briefing pursuant to this paragraph of the Standing Order.

Required

Always

Documents sought to be sealed in full must be labeled as such.

In the rare situation where a party believes it is appropriate to seal an entire document, the document filed under seal should be labeled to indicate that sealing is sought in full.