Northern District of Illinois Sealing & Redaction Procedures

CRITICALCivil cases

A party must notify the producer at least five business days before publicly filing a document the producer designated as Confidential or Highly Confidential so the producer can move to seal it.

If a party wishes to file in the public record a document that another producer has designated as Confidential or Highly Confidential, the party must advise the producer of the document no later than five business days before the document is due to be filed, so that the producer may move the Court to require the document to be filed under seal.

CRITICALCivil cases

No document may be filed under seal without prior leave of court; a party must move for permission, consistent with Local Rule 26.2(b), before the document's due date.

This protective order does not, by itself, authorize the filing of any document under seal. No document may be filed under seal without prior leave of court. A party wishing to file under seal a document containing Confidential or Highly Confidential information must move the Court, consistent with Local Rule 26.2(b) and prior to the due date for the document, for permission to file the document under seal.

CRITICAL

Documents authorized for non-electronic filing under seal must be delivered for filing pursuant to Local Rule 5.8.

Where the court has authorized the non- electronic filing of a document under seal, it is to be delivered for filing pursuant to LR 5.8.

CRITICAL

The destruction petition, the United States attorney's response, and any related chief judge order are restricted documents by default unless the court orders otherwise.

The petition for leave to destroy the documents, the response of the United States attorney, and any order of the chief judge dealing with the petition and response are, except as otherwise ordered, restricted documents.

CRITICAL

Court approval required before filing any document under seal or as restricted.

No filing under seal, or any other designation as a restricted document, is to be permitted without previously-obtained court approval (see Citizens First Nat'l Bank v. Cincinnati Ins. Co., 178 F.3d 943 (7th Cir. 1999)).

CRITICAL

Parties cannot amend protective order provisions regarding court approval or document return without court approval.

If the protective order contains any provision that would permit its amendment by agreement of the parties without requiring court approval, that power of amendment cannot extend to the subjects covered in paragraphs 1 and 2.

CRITICAL

Default protective order in Appendix B effective upon initial disclosures; modifications allowed for good cause without delaying disclosures.

The protective order found in LPR Appendix B shall be deemed to be in effect as of the date for each party's Initial Disclosures. Any party may move the Court to modify the Appendix B protective order for good cause. The filing of such a motion does not affect the requirement for or timing of any of the disclosures required by the LPR.

CRITICAL

AI models, inputs, and outputs derived from Confidential Information are deemed Confidential and restricted to use in this litigation.

Finally, any LLM or AI models, AI inputs, and any AI outputs developed using Confidential Information produced in this litigation are deemed Confidential and cannot be used for any purpose other than prosecuting or defending this litigation.

CRITICAL

Parties may not withhold discovery information for protection greater than this Order without moving for a special protection order.

No party may withhold information from discovery, unless privilege is asserted, on the ground that it requires protection greater than that afforded by this Order without the party moving for an order requiring such special protection.

CRITICAL

This Order does not authorize filing under seal; parties must comply with LR 26.2 to file Confidential Information under seal.

7. Filing of Confidential Information. This Order does not authorize the filing of any document under seal. Any party wishing to file a document designated as Confidential Information under seal in connection with a motion, brief or other submission to the Court must comply with LR 26.2. Parties must use

CRITICAL

Parties must raise Confidential Information use at trial via motion or pretrial memorandum without disclosing the information.

A party that intends to present or that anticipates that another party may present Confidential information at a hearing or trial must bring that issue to the Court’s and parties’ attention by motion or in a pretrial memorandum without disclosing the Confidential Information.

CRITICAL

Challenged Confidential Information must remain treated as confidential until court rules.

However, until the Court rules on the challenge, the parties must continue to treat the challenged materials as Confidential Information.

CRITICAL

Any party or interested member of the public may challenge the sealing of documents, with the party asserting confidentiality bearing the burden of proving the sealing is proper.

A party or interested member of the public has a right to challenge the sealing of documents that have been filed under seal, and the party asserting confidentiality has the burden of demonstrating the propriety of filing under seal.

CRITICALCivil cases

Confidential Information may be designated only for statutorily protected information, trade secrets, confidential research/technical/commercial/financial information, medical information, personal identity information, tax records, and non-party personnel or employment records.

As used in this Order, "Confidential Information" means information the producing party designates as "CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER" that falls within one or more of the following categories: (a) information prohibited from disclosure by statute; (b) information that reveals trade secrets; (c) research, technical, commercial or financial information that the party has maintained as confidential; (d) medical information concerning any individual; (e) personal identity information; (f) income tax returns (including attached schedules and forms), W-2 forms and 1099 forms; and (g) personnel or employment records of a person who is not a party to the case.

CRITICALCivil cases

Under Alternative A, deposition testimony is protected only if designated “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” on the record when taken, and the designation must be specific as to the confidential portions.

Deposition testimony is protected by this Order only if designated as “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” on the record at the time the testimony is taken. Such designation must be specific as to the portions that include Confidential Information.

CRITICALCivil cases

Under Alternative B, all deposition testimony is treated as Confidential Information unless all parties agree otherwise on the record, until the 14th day after transcript delivery and in no event later than 60 days after the testimony was given.

Unless all parties agree on the record at the time the deposition testimony is taken, all deposition testimony taken in this case shall be treated as Confidential Information until the expiration of the following: no later than the 14th day after the transcript is delivered to any party or the witness, and in no event later than 60 days after the testimony was given.

CRITICALCivil cases

The protective order does not itself authorize sealing; a party must comply with Local Rule 26.2 to file Confidential Information under seal with any motion, brief, or other submission.

This Order does not authorize the filing of any document under seal. Any party wishing to file a document designated as Confidential Information under seal in connection with a motion, brief or other submission to the Court must comply with LR 26.2.

CRITICALCivil cases

(b) The receiving party also must immediately inform in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material the subpoena or order seeks is the subject of this Order. The receiving party must also deliver a copy of this Order promptly to the party in the other action that caused the subpoena or order to issue.

(b) The receiving party also must immediately inform in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material the subpoena or order seeks is the subject of this Order. The receiving party must also deliver a copy of this Order promptly to the party in the other action that caused the subpoena or order to issue.

CRITICALCivil cases

Documents filed under seal may be deleted from the ECF system only with a Court order.

(d) Deletion of Documents filed under Seal from Electronic Case Filing (ECF) System. Filings under seal may be deleted from the ECF system only with a Court order.

CRITICALCivil cases

Within 63 days after dismissal or final judgment, all Confidential Information and documents marked CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER must be returned to the producing party, unless the document was offered into evidence or filed without restriction, the parties agree to destruction in lieu of return, or the receiving party destroys annotated documents and certifies destruction.

(b) Obligations at Conclusion of Litigation. Within 63 days after dismissal or entry of final judgment not subject to further appeal, all Confidential Information and documents marked "CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER" under this Order, including copies as defined in Paragraph 3(a), must be returned to the producing party unless: (1) the document has been offered into evidence or filed without restriction as to disclosure; (2) the parties agree to destruction to the extent practicable in lieu of return; or (3) as to documents bearing the notations, summations, or other mental impressions of the receiving party, that party elects to destroy the documents and certifies to the producing party that it has done so.

CRITICALCivil cases

Information or documents that are available to the public may not be designated as Confidential Information.

The producing party may not designate information or documents that are available to the public as Confidential Information.

WARNINGCivil cases

When selectively waiving and preserving exhibit objections, the parties should try to agree on redactions whenever possible.

In this process, the parties should attempt to agree upon redactions whenever possible to avoid unnecessary motion practice.

WARNING

After the case is closed in the District Court (this requirement differs from L.R.26.2(e), which speaks of the case's "final disposition including appeals"), the parties may obtain the return of any previously-sealed or previously-restricted documents by a motion filed within a specified time period after the case is closed. Counsel are free to agree on that specified time period, but they should not designate more than a 63-day period. Any documents that are not so withdrawn will become part of the public case file, and the protective order must so provide.

After the case is closed in the District Court (this requirement differs from L.R.26.2(e), which speaks of the case's "final disposition including appeals"), the parties may obtain the return of any previously-sealed or previously-restricted documents by a motion filed within a specified time period after the case is closed. Counsel are free to agree on that specified time period, but they should not designate more than a 63-day period. Any documents that are not so withdrawn will become part of the public case file, and the protective order must so provide.

WARNINGCivil cases

Sealed filings may be challenged by a party or interested member of the public, and the party asserting confidentiality bears the burden of demonstrating that filing under seal is proper.

13. Challenges by Members of the Public to Sealing Orders. A party or interested member of the public has a right to challenge the sealing of documents that have been filed under seal, and the party asserting confidentiality has the burden of demonstrating the propriety of filing under seal.

WARNINGCivil cases

Marking a document “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” confers protection only under this Order and not by statute or otherwise.

Applying the marking “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” to a document does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order.

INFOCivil cases

Highly Confidential information covers Rule 26(c)(1)(G) trade secrets and plans whose disclosure would significantly harm competitive position or contravene a confidentiality obligation to a third person or the Court.

"Highly Confidential" information is information within the scope of Rule 26(c)(1)(G) that is current or future business or technical trade secrets and plans more sensitive or strategic than Confidential information, the disclosure of which is likely to significantly harm that person's competitive position, or the disclosure of which would contravene an obligation of confidentiality to a third person or to a Court.

INFO

Sealed documents disposition options per General Rule 10 upon case closure

Any document contained within has been ordered sealed. Pursuant to General Rule 10 upon this case being closed the sealed document is to be:

INFO

Counsel may retain attorney work product (without verbatim substantial Confidential Information) and one complete set of all filed documents (including sealed) after litigation, subject to the protective order.

Notwithstanding the above requirements to return or destroy documents, counsel may retain: (1) attorney work product, including an index that refers or relates to designated Confidential Information so long as that work product does not duplicate verbatim substantial portions of Confidential Information; and (2) one complete set of all documents filed with the Court including those filed under seal. Any retained Confidential Information is subject to this Order’s protection.

INFO

Parties may agree to destruction of Confidential Information with certification instead of return, and waive requirements to locate e-mails or Confidential Information in deposition transcripts or expert reports.

The parties may choose to agree that the receiving party shall destroy documents containing Confidential Information and certify the fact of destruction, and that the receiving party shall not be required to locate, isolate and return e-mails (including attachments to e-mails) that may include Confidential Information, or Confidential Information contained in deposition transcripts or drafts or final expert reports.

INFOCivil cases

Settlement conference statements are confidential and inadmissible at trial under Local Rule 83.5.

The pre-conference letters and the settlement conference are governed by Local Rule 83.5 relating to Confidentiality of Alternative Dispute Resolution Proceedings. Any statements made by any party during the settlement conference will not be admissible at trial.

INFOCivil cases

The protective order remains in force after dismissal or entry of final judgment that is not subject to further appeal.

Order remains in force after dismissal or entry of final judgment not subject to further appeal.

INFOCivil cases

Counsel may retain attorney work product and one complete set of court-filed documents after conclusion of litigation, but any retained Confidential Information remains protected by the Order.

(c) Retention of Work Product and one set of Filed Documents. Notwithstanding the above requirements to return or destroy documents, counsel may retain: (1) attorney work product, including an index that refers or relates to designated Confidential Information so long as that work product does not duplicate verbatim substantial portions of Confidential Information; and (2) one complete set of all documents filed with the Court including those filed under seal. Any retained Confidential Information is subject to this Order's protection.

INFOCivil cases

The designating party bears the burden and expense of seeking protection in the other court, and the notification obligations remain in effect for as long as a party possesses the Confidential Information.

The designating party must bear the burden and the expense of seeking protection in that court of its Confidential Information, and nothing in these provisions should be construed as authorizing or encouraging a receiving party in this action to disobey a lawful directive from another court. The obligations set forth in this paragraph remain in effect while the party has in its possession, custody, or control Confidential Information of the other party to this case.

INFOCivil cases

The parties may agree that Confidential Information will be destroyed and certified rather than returned, and that e-mails, deposition transcripts, and expert reports need not be searched for Confidential Information.

The parties may choose to agree that the receiving party shall destroy documents containing Confidential Information and certify the fact of destruction, and that the receiving party shall not be required to locate, isolate and return e-mails (including attachments to e-mails) that may include Confidential Information, or Confidential Information contained in deposition transcripts or drafts or final expert reports.

CRITICAL

Obligations regarding Confidential Information apply for as long as a party has possession, custody, or control of such information.

The obligations set forth in this paragraph remain in effect while the party has in its possession, custody, or control Confidential Information of the other party to this case.

CRITICAL

Confidential Information and documents marked CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER must be returned to the producing party within 63 days of final judgment or dismissal, with specified exceptions.

Within 63 days after dismissal or entry of final judgment not subject to further appeal, all Confidential Information and documents marked “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” under this Order, including copies as defined in Paragraph 3(a), must be returned to the producing party unless: (1) the document has been offered into evidence or filed without restriction as to disclosure; (2) the parties agree to destruction to the extent practicable in lieu of return; 5 or (3) as to documents bearing the notations, summations, or other mental impressions of the receiving party, that party elects to destroy the documents and certifies to the producing party that it has done so.