Southern District of California Sealing & Redaction Procedures

Sealing orders require specific description and declarations showing compelling reason.

Source text: Parties seeking a sealing order must provide the Court with: (1) a specific description of particular documents or categories of documents they need to protect; and (2) declarations showing a compelling reason or good cause to protect those documents from disclosure. The standard for filing documents under seal will be strictly applied.

Sealing requests require specific document description and compelling reason declaration

Source text: A party seeking a sealing order must provide the Court with: (1) a specific description of particular documents or categories of documents to be protected; and (2) declaration(s) showing a compelling reason or good cause to protect those documents from disclosure.

Voluminous sealing requests (>5 docs or >25 redacted pages) require a table

Source text: If a party is seeking to file under seal either: (a) more than five documents; or (b) documents with redactions on more than twenty-five pages, the party must append a table to its briefing.

Redacted materials must be marked for sealing motions.

Source text: If a motion to seal seeks to redact portions of materials from the public record, the provisionally sealed version of those materials must be marked for redaction in accordance with Civil Chambers Rule 2 (Redactions).

Grounds for sealing must be explained in table format.

Source text: The parties must explain in a table format the grounds on which they seek to seal each redaction.

Sealing motions must provide particularized explanations for each redaction.

Source text: Motions that merely recite a general privilege category, or that do not provide a particularized explanation for every piece of information sought to be sealed, will be summarily denied.

Proposed redactions must be marked if disputes remain after meet-and-confer.

Source text: After that meet-and-confer process, if any disputes remain, a party seeking a court ruling on any transcript disputes must mark the proposed redactions using these or similar methods:

Materials submitted with a sealing motion must be marked for redaction in the provisionally sealed version.

Source text: If a motion to seal seeks to redact portions of materials from the public record, the provisionally sealed version of those materials must be marked for redaction in accordance with Civil Chambers Rule 2 (Redactions).

Denied seal motions result in immediate public filing.

Source text: If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.

Motion to seal must include description, legal analysis, supporting affidavits, and documents.

Source text: Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); (3) affidavits or declarations in support of the motion; and (4) the documents to be sealed.

Motions to seal must be submitted to the Clerk's Office before filing the underlying documents for chambers review.

Source text: The Court recommends that parties seeking to seal documents that will be filed in conjunction with sentencing documents, noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents. The original motion to seal, and the documents to be sealed, should be submitted to the Clerks' Office prior to filing them. The Clerk's Office will forward the documents to chambers for review.

Motion to seal must be filed at least 7 calendar days before non-discovery motion.

Source text: If the party filing the non-discovery motion (or opposition thereto) intends to cite or attach documents or information that it believes should be filed under seal, the moving party must file a motion to file documents under seal at least seven calendar days prior to the date on which it intends to file the non-discovery motion.

Designating party has 4 business days to file motion to seal after notice.

Source text: The designating party will then have four business days from the date of the notice to file a motion to file documents under seal.

Confidential designation waived if motion to seal not filed within deadline.

Source text: If the designating party does not timely file a motion to file documents under seal, the confidential designation will be deemed waived, and the party seeking to use the documents or information will file it publicly in connection with its motion or opposition.

Motion to seal required for any sealed filing.

Source text: Any document submitted for filing under seal (including motions, responses, declarations, exhibits, etc.) must be accompanied by a motion authorizing such filing.

Motion to seal must specify documents/categories and whether sealed in full or part.

Source text: The motion to seal must provide the Court with a specific description of the particular documents or categories of documents to be protected, including, for each document subject to the motion, whether the moving party seeks to seal the document in full or in part (i.e., with redactions).

Declarations required to demonstrate compelling reason for sealing.

Source text: The motion to seal must be accompanied by declaration(s) from individual(s) with knowledge of the content of the documents demonstrating a compelling reason or good cause to protect those documents from disclosure.

Sealed documents must be lodged using ECF "Sealed Lodged Proposed Document" format.

Source text: documents in CM/ECF using the “Sealed Lodged Proposed Document” in accordance with Section 2(j) of the ECF Manual. If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court’s consideration.

Public redacted version required alongside sealed filing.

Source text: The party requesting a sealing order must also file a “public” version of the document(s) it seeks to file under seal. For each document the moving party seeks to seal, the party may redact only that information that is deemed confidential or privileged.

Slip sheet required for fully sealed documents.

Source text: If the moving party has sought an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.

Designating party has 7 days to respond to sealing motion.

Source text: If so, the moving party must file a motion to seal. In addition, the designating party must file a response to the sealing motion within seven (7) days that satisfies the sealing standard described above.

Must file public redacted version of documents sought to be sealed; if sealing entire document, file slip sheet explaining.

Source text: The party requesting a sealing order must also file a “public” version of the document(s) it seeks to file under seal redacting only the alleged confidential or privileged information. If the moving party seeks an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.

Sealed motions must be hand-delivered to Clerk of Court with sealed documents and proposed order.

Source text: Counsel lodging with the Court a motion to seal and documents to be sealed shall hand-deliver, to the Clerk of Court on the Fourth Floor of the James M. Carter & Judith N. Keep U.S. Courthouse, (1) the motion to seal, (2) the proposed sealed documents, and (3) a proposed order in compliance with these Rules.

Emergency seal motions require contacting courtroom deputy for alternate delivery.

Source text: In the case of an emergent motion to seal, counsel will contact the courtroom deputy for instructions about alternate delivery.

Sealed motions and protective orders should not be hand-delivered to chambers.

Source text: Motions to seal and motions for protective order should not be hand-delivered to chambers.

Documents filed under seal must be accompanied by a motion authorizing the sealing.

Source text: Any document submitted for filing under seal (including motions, responses, declarations, exhibits, etc.) must be accompanied by a motion authorizing such filing.

Motion to seal must describe documents to be sealed and include declarations showing compelling reason.

Source text: The motion to seal must provide the Court with a specific description of the particular document or categories of documents to be protected, including, for each document subject to the motion, whether the moving party seeks to seal the document in full or in part (i.e., with redactions). The motion to seal must be accompanied by declaration(s) from individual(s) with knowledge of the content of the documents demonstrating a compelling reason or good cause to protect those documents from disclosure.

Sealed documents must be filed immediately in CM/ECF with specific formatting requirements.

Source text: After filing a motion to seal, the moving party must immediately file the proposed sealed documents in CM/ECF using the “Sealed Lodged Proposed Document” in accordance with Section 2(j) of the ECF Manual. If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court’s consideration.

Public redacted version must be filed simultaneously with motion to seal.

Source text: The party requesting sealing must file a "public" version of the document(s) it seeks to file under seal. In the public version, the party may redact only that information that is deemed confidential or privileged. The party shall file the redacted document(s) simultaneously with the motion requesting that the confidential portions of the document(s) be filed under seal.

Meet and confer required before sealing documents with protective order designations; response due within 7 days.

Source text: Parties often seek to seal a document only because another party designated the document as sensitive under a protective order, including with a “confidential” or “attorneys’ eyes only” designation. In these circumstances, the moving party must first meet and confer with the designating party to determine whether the designating party maintains that any portion of the document must be filed under seal. If so, the moving party must file a motion to seal. In addition, the designating party must file a response to the sealing motion within seven days that satisfies the sealing standard described above. If no response is filed, the Court may order that the document be filed in the public record.

Documents filed under seal require a motion authorizing the sealing.

Source text: Any document submitted for filing under seal (including motions, responses, declarations, exhibits, etc.) must be accompanied by a motion authorizing such filing.

Motion to seal must describe documents to be sealed and whether in full or part.

Source text: The motion to seal must provide the Court with a specific description of the particular documents or categories of documents to be protected, including, for each document subject to the motion, whether the moving party seeks to seal the document in full or in part (i.e., with redactions).

Sealed documents must be filed in CM/ECF immediately after motion to seal.

Source text: After filing a motion to seal, the moving party must immediately file the proposed sealed documents in CM/ECF using the 'Sealed Lodged Proposed Document' in accordance with Section 2(j) of the ECF Manual.

Sealed documents must be lodged in full or with yellow-highlighted redactions.

Source text: If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court's consideration.

Public version of sealed documents must be filed with only confidential/privileged information redacted.

Source text: The party requesting a sealing order must also file a 'public' version of the document(s) it seeks to file under seal. For each document the moving party seeks to seal, the party may redact only that information that is deemed confidential or privileged.

Slip sheet required for fully sealed documents.

Source text: If the moving party has sought an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.

Partially sealed documents must be filed with confidential information redacted.

Source text: If the moving party has sought an order to seal only portions of the document, the party should file the document with the alleged confidential or privileged information redacted.

Designating party has 7 days to respond to sealing motion.

Source text: If so, the moving party must file a motion to seal. In addition, the designating party must file a response to the sealing motion within seven (7) days that satisfies

Documents filed under seal must be accompanied by a motion to seal.

Source text: Any document submitted for filing under seal (including motions, responses, declarations, exhibits, etc.) must be accompanied by a motion authorizing such filing.

Motion to seal must describe which documents/categories to seal and whether in full or part.

Source text: The motion to seal must provide the Court with a specific description of the particular documents or categories of documents to be protected, including, for each document subject to the motion, whether the moving party seeks to seal the document in full or in part (i.e., with redactions).

Motion to seal must include declarations showing compelling reason or good cause.

Source text: The motion to seal must be accompanied by declaration(s) from individual(s) with knowledge of the content of the documents demonstrating a compelling reason or good cause to protect those documents from disclosure.

Proposed sealed documents must be filed in CM/ECF using 'Sealed Lodged Proposed Document' format.

Source text: After filing a motion to seal, the moving party must immediately file the proposed sealed documents in CM/ECF using the 'Sealed Lodged Proposed Document' in accordance with Section 2(j) of the ECF Manual.

Full seal: lodge document without redactions. Partial seal: highlight confidential info in yellow.

Source text: If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court's consideration.

Must file public version with only confidential/privileged info redacted.

Source text: The party requesting a sealing order must also file a 'public' version of the document(s) it seeks to file under seal. For each document the moving party seeks to seal, the party may redact only that information that is deemed confidential or privileged.

For full seal requests, file slip sheet indicating document is subject to motion to seal.

Source text: If the moving party has sought an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.

For partial seal requests, file document with confidential/privileged info redacted.

Source text: If the moving party has sought an order to seal only portions of the document, the party should file the document with the alleged confidential or privileged information redacted.

Motion to seal required for documents designated as confidential; response due within 7 days.

Source text: In these circumstances, the moving party must first meet and confer with the designating party to determine whether the designating party maintains that any portion of the document must be filed under seal. If so, the moving party must file a motion to seal. In addition, the designating party must file a response to the sealing motion within seven days that satisfies the sealing standard described above.

Motions to seal require specific document description and declaration of compelling reasons.

Source text: Any party filing a motion for leave to file documents under seal must provide the Court with (1) a specific description of each document or portion of a document they seek to protect, and (2) a declaration showing sufficiently compelling reasons or good cause to protect those documents from disclosure.

Proposed redactions must be highlighted or bracketed in sealed lodgment.

Source text: The proposed redactions must be evident (either highlighted or bracketed) from the sealed lodgment.

Must meet and confer before sealing based on another party's confidential designation.

Source text: If the moving party seeks to file a document under seal based on another party’s designation of the document as “confidential” under a protective order, the moving party must first meet and confer with the designating party to determine whether the designating party maintains that any portion of the document must be filed under seal.

Motion to seal must include description, legal standard, affidavits, and documents.

Source text: Any motion to seal must set forth: (1) a description of the particular document(s) or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); (3) affidavits or declarations in support of the motion; and (4) the documents to be sealed.

Motion to seal must be filed before the judge who will rule on the associated motion.

Source text: A motion to seal must be filed before the Judge who will rule on the motion associated with the proposed sealed document. For example, a motion to seal a document associated with a motion to compel discovery will be before Judge Major, while a motion to seal a document associated with a Motion for Summary Judgment will be before the District Judge assigned to the case.

Permission required to file confidential materials under seal

Source text: Before any materials produced in discovery, answers to interrogatories, responses to requests for admissions, deposition transcripts, or other documents which are designated as Confidential Information are filed with the Court for any purpose, the party seeking to file such material must seek permission of the Court to file the material under seal.

Sealing requires court order showing privilege or protectability

Source text: No document may be filed under seal, i.e., closed to inspection by the public except pursuant to a Court order that authorizes the sealing of the particular document, or portions of it. A sealing order may issue only upon a showing that the information is privileged or protectable under the law.

Must follow ECF Manual Section 2.j and Local Rule 79.2 for sealing

Source text: To file a document under seal, the parties must comply with the procedures explained in Section 2.j of the Electronic Case Filing Administrative Policies and Procedures Manual for the United States District Court for the Southern District of California and Civil Local Rule 79.2.

Must file public version with redactions and joint motion/ex parte application

Source text: In addition, in accordance with Judge Major's preferences, a party must file a 'public' version of any document that it seeks to file under seal. In the public version, the party may redact only that information that is deemed 'Confidential.' The party should file the redacted document(s) simultaneously with a joint motion or ex parte application requesting that the confidential portions of the document(s) be filed under seal and setting forth good cause for the request.

Documents may only be filed under seal with court order.

Source text: No document may be filed under seal, except pursuant to a court order that authorizes the sealing of a particular document, or portion of the document.

Must comply with ECF Manual Section 2.j and Local Rule 79.2 for sealed filings.

Source text: To file a document under seal, the parties must comply with the procedures explained in Section 2.j of the Electronic Case Filing Administrative Policies and Procedures Manual for the United States District Court for the Southern District of California and Civil Local Rule 79.2.

Only 'Confidential' information may be redacted in sealed filings.

Source text: In the redacted version, the party may redact only information that is deemed 'Confidential.'

Motions to seal and sealed documents must comply with ECF Manual Section 2(j).

Source text: E-filings of motions to seal and sealed documents must comply with ECF Manual Section 2(j).

Documents may only be filed under seal with court order showing privileged or protectable information; sealing request limited to specific confidential portions.

Source text: No party may file any document under seal, except pursuant to a court order that authorizes the filing of the document, or portion of the document, under seal. A sealing order will issue only upon a showing that the information is privileged or protectable under the law. The party seeking to file under seal must limit its sealing request to the specific portion of the document that contains the confidential or privileged material.

Protective orders must include objection procedures for confidential designations with 7-day meet-and-confer requirement.

Source text: The proposed protective order must also contain the following provisions: 1. At any stage of the proceedings, any party may object to a designation of materials as confidential information. The objecting party must notify the designating party, in writing, of the materials objected to and the ground(s) for the objection. Thereafter, lead counsel (or attorneys with full authority to make decisions and bind the client without later seeking approval from a supervising attorney) must promptly meet and confer, pursuant to Local Rule 26.1.a. If the dispute is not resolved within seven (7) days of receipt of the objections, and after counsel have thoroughly and completely met and conferred, the parties must place a joint call to the assigned magistrate judge's

Filing under seal requires compliance with Local Rule 79.2 and ECF Manual Section 2(j).

Source text: The party seeking to file a document under seal must comply with Local Rule 79.2 and Section 2(j) of the ECF Manual.

Public version of sealed documents must be filed with only confidential/privileged information redacted.

Source text: The party requesting sealing must file a "public" version of the document it seeks to file under seal. In the public version, the party may redact only that information that is deemed confidential or privileged.

Redacted documents must be filed simultaneously with motion to seal and lodging of unredacted documents.

Source text: The party must file the redacted document(s) simultaneously with the motion requesting that the confidential portions of the document(s) be filed under seal (and the lodging of the proposed unredacted, sealed documents).

Moving party must file public version with redactions when seeking to seal documents.

Source text: The party moving to seal must also file a "public" version of the document(s) it seeks to file under seal. The public version should be a slip sheet for a document proposed to be sealed entirely or a document with the proposed sealed information redacted.

Sealed filings require redacted public version and unredacted submission to chambers.

Source text: Any party seeking to file documents under seal must comply with the procedures set forth in the Electronic Case Filing Administrative Policies and Procedures Manual (“ECF Manual”). The motion to file should not, itself, be filed under seal. Parties should not seek to file under seal entire pleadings, or entire attachments, unless the party can establish that the entire document satisfies the standard for sealing. Unless the entire document satisfies the standard for sealing, a redacted version of the document must be publicly filed on the docket with only those portions of the document appropriately subject to filing under seal redacted. An application to file under seal should specifically address the basis for sealing each proposed redaction. The party shall lodge the unredacted version of any filing by submitting it to efile_burkhardt@casd.uscourts.gov.

Documents under seal must follow ECF Manual procedures; entire pleadings/attachments only if entire document meets sealing standard.

Source text: Any party seeking to file documents under seal must comply with the procedures set forth in the ECF Manual. Parties should not seek to file under seal entire pleadings, or entire attachments, unless the party can establish that the entire document satisfies the standard for sealing.

Redacted versions must be publicly filed unless entire document qualifies for sealing.

Source text: Unless the entire document satisfies the standard for sealing, a redacted version of the document must be publicly filed on the docket with only those portions of the document appropriately subject to filing under seal redacted.

Applications to file under seal must address factual/legal basis for each redaction.

Source text: An application to file under seal should specifically address the factual and legal basis for sealing each proposed redaction.

Unredacted versions must be lodged according to ECF Manual procedures.

Source text: The party shall lodge the unredacted version of any filing in accordance with the ECF Manual.

Filing party must obtain legal basis for confidential designation from designating party before filing under seal.

Source text: by another party, the filing party must reach out to the designating party in advance of filing the application to file under seal to obtain from the designating party the legal basis for the confidential designation. The filing party must include the legal basis in the application to file under seal.

Opposing parties must notify judge's chambers within one court day if opposing seal application.

Source text: If any party opposes the application to file under seal, that party must, within one court day, contact the chambers of the judge who will rule on the application to notify the judge’s staff that an opposition to the application will be filed.

Redacted documents must be filed simultaneously with sealing motion.

Source text: The party should file the redacted document(s) simultaneously with a joint motion or ex parte application requesting that the confidential portions of the document(s) be filed under seal and setting forth good cause for the request.

Protective orders must include specific sealing language requirements.

Source text: The proposed protective order must contain: "No document may be filed under seal, except pursuant to a court order that authorizes the sealing of the particular document, or portion of the document. A sealing order may issue only upon a showing that the information is privileged or protectable under the law. The request must be narrowly tailored to seek sealing only of the confidential or privileged material.

Sealed filings must comply with ECF Manual Section 2.j and Local Rule 79.2.

Source text: To file a document under seal, the parties must comply with the procedures explained in Section 2.j of the Electronic Case Filing Administrative Policies and Procedures Manual for the United States District Court for the Southern District of California and Civil Local Rule 79.2.

Sealed filings require redacted version with specific title format.

Source text: In addition, a party must file a redacted version of any document that it seeks to file under seal. The document must be titled to show that it corresponds to an item filed under seal, e.g., 'Redacted Copy of Sealed Declaration of John Smith in Support of Motion for Summary Judgment.'

Joint motions for non-model protective orders must include explanation and redlined changes.

Source text: If the parties jointly seek a protective order that differs from Judge Pettit's model order, the joint motion must explain the basis for the proposed changes, and the parties must attach to the joint motion a redlined copy of the proposed protective order showing any changes from Judge Pettit's model.

Protective orders must include specific provisions for sealing documents and service requirements.

Source text: All stipulated protective orders must be filed as a joint motion and contain the following provisions: 1. No document shall be filed under seal unless counsel secures a court order allowing the filing of a document, or portion thereof, under seal. An application to file a document under seal shall be served on opposing counsel and on the person or entity who has custody and control of the document, if different from opposing counsel. If opposing counsel, or the person or entity who has custody and control of the document, wishes to oppose the application, they must contact the chambers of the judge who will rule on the application to notify the Court that an opposition to the application will be filed.

Lodging proposed protective orders in Word format by email to efile_Pettit@casd.uscourts.gov.

Source text: The parties must also lodge the proposed protective order in Word format by email to efile_Pettit@casd.uscourts.gov.

Strong presumption of public access; sealing requires specific justification beyond generic competitive harm.

Source text: There is a presumptive right of public access to court records based upon common law and the First Amendment. The Court will scrutinize any request to file information under seal, and a request will only be granted if a specific showing is made that justifies sealing. Generic and vague references to 'competitive harm' will almost always be insufficient to justify sealing.

Sealing requests must comply with Civil Local Rule 79.2 and ECF Manual Section 2.j.

Source text: The party seeking to file a document under seal must comply with Civil Local Rule 79.2 and Section 2.j of the ECF Manual.

Designating parties must file joinder within 4 business days and show protectability; confidentiality designation alone insufficient.

Source text: Where the party requesting sealing is not the designating party (i.e., the request to seal is made because another party has designated information 'confidential'), the designating party must file a joinder in the motion to seal within four business days of service and must make the required showing that the information is protectable under the law. The fact that the information or document has been designated confidential pursuant to a stipulated protective order, standing alone, is not a sufficient basis for sealing.

Opposition to sealing motions must be filed within 4 business days of service.

Source text: Any opposition to a motion to seal must also be filed within four business days of service.

Stipulated protective orders must be filed as joint motions.

Source text: All stipulated protective orders must be filed as a joint motion.

Sealed document applications must be served on opposing counsel and document custodian.

Source text: An application to file a document under seal shall be served on opposing counsel, and on the person or entity that has custody and control of the document, if different from opposing counsel.

Opponents of sealed document applications must notify chambers before filing opposition.

Source text: If opposing counsel, or the person or entity who has custody and control of the document, wishes to oppose the application, he/she must contact the chambers of the judge who will rule on the application to notify the Court that an opposition to the application will be filed.

Documents may only be filed under seal with court order and must include both unredacted and redacted versions.

Source text: There is a presumptive right of public access to court records based upon common law and First Amendment grounds. Accordingly, no document may be filed under seal, i.e., closed to inspection by the public, except pursuant to a Court order that authorizes the sealing of the particular document, or portions thereof. A sealing order may issue only upon a request that establishes that the document, or portions thereof, is privileged or otherwise subject to protection under the law. The request must be narrowly tailored to seek sealing only of sensitive personal or confidential information. An unredacted version of the document, identifying the portions subject to the motion to seal, must be lodged with the motion to seal. A redacted version of the document must be publicly filed simultaneously. Of course, if the motion to seal covers the entire document, a redacted version need not be filed in advance of the Court's ruling.

Parties must follow CASD ECF Policies for filing sealed documents.

Source text: Any party seeking to file documents under seal must comply with the procedures set forth in the CASD ECF Policies & Procedures, including the requirements for lodging the unredacted version of the filing it seeks to seal.

Motion to seal must include description, legal standard, analysis, and supporting affidavits.

Source text: Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard; (3) an analysis of why the standard has been satisfied with respect to each proposed redaction; and (4) affidavits or declarations in support of the motion.

Redacted version must be publicly filed if entire document doesn't meet sealing standard.

Source text: Unless the entire document satisfies the standard for sealing, a redacted version of the document must be publicly filed on the docket with only those portions of the document appropriately subject to filing under seal redacted.

Do not contact chambers for hearing date on motion to seal; use specific caption language.

Source text: Parties are not to contact chambers for a hearing date on a motion to seal. In the motion’s caption, in lieu of a hearing date and time, the caption should instead state: NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.

Responses to motions to seal must be filed within 7 days.

Source text: Oppositions or notices of non-opposition must be filed within 7 days of the motion to seal’s filing.

Meet and confer required before sealing documents designated confidential or attorneys’ eyes only.

Source text: Where the movant seeks to seal a document because another party designated it “confidential” or “attorneys’ eyes only,” the movant must meet and confer with the designating party prior to filing the motion to determine whether the designating party still maintains that any portion of the document warrants sealing.

Court limits sealing to only necessary sensitive material; submit separately

Source text: A. There is a presumptive right of public access to court records based upon common law and first amendment grounds. Even where a public right of access exists, such access may be denied by the Court in order to protect sensitive personal or confidential information. The Court may seal documents to protect sensitive information, however, the documents to be filed under seal will be limited by the Court to only those documents, or portions thereof, necessary to protect such sensitive information. Therefore, it is suggested that sensitive material be submitted in a separate document.

Submit motion to seal and documents to chambers for review before filing

Source text: B. The Court recommends that parties seeking to seal documents that will be filed in conjunction with sentencing documents, noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents. The original motion to seal and the documents to be sealed should be submitted to chambers for review prior to filing them. This will allow the Court to consider the merits of the motion to seal, and if the motion is denied, allow the parties an opportunity to decide whether to include the documents in the subsequent sentencing document, motion, opposition, or reply. If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.

Information subject to privilege claims may be presented to court under seal for determination.

Source text: the receiving party may promptly present the information to the court under seal for a determination of the claim.

Inadvertent disclosure of privileged information does not waive privilege if reasonable precautions were taken and prompt corrective action follows.

Source text: If the disclosure of the privileged information was inadvertent (unintentional), there is no waiver: if the privilege holder took reasonable precautions to prevent disclosure; and took reasonably prompt measures to rectify the error.

Protective orders must include advance approval requirement before filing sealed documents

Source text: Stipulated protective orders in the Southern District of California must include a provision requiring advance approval by the judge hearing the case (or in Judge Moskowitz’ cases, the assigned magistrate judge) before documents can be filed under seal. Appropriate language would be similar to the following: "Nothing shall be filed under seal with the court, and the court shall not be required to take any action, without separate prior order by the Judge before whom the hearing or proceeding will take place, after application by the affected party with appropriate notice to opposing counsel."

Confidential settlements require 'good cause' showing and court findings before sealing.

Source text: Where the parties indicate that the settlement is “confidential,” they are required to meet the same “good cause” showing and the same analysis and findings by the court must be made before the record can be sealed.

Parties must provide specific document descriptions and affidavits showing good cause to obtain a sealing order.

Source text: Parties seeking a sealing order must provide the court with: (1) a specific description of particular documents, or categories of documents, they need to protect; and (2) affidavits showing good cause to protect those documents from disclosure.

Motion to seal and sealed documents must be submitted to chambers for pre-filing review; if denied, documents become publicly filed.

Source text: The Court recommends that parties seeking to seal documents that will be filed in conjunction with sentencing documents, noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents. The original motion to seal and the documents to be sealed should be submitted to chambers for review prior to filing them. This will allow the Court to consider the merits of the motion to seal, and if the motion is denied, allow the parties an opportunity to decide whether to include the documents in the subsequent sentencing document, motion, opposition, or reply. If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.

Specific reasons required to file documents under seal; confidentiality designation alone is insufficient.

Source text: A party seeking to file a document under seal (or with restricted access) must provide specific reasons why such relief is appropriate. The fact that the document has been designated “confidential” or a similar designation pursuant to a protective order is not a sufficient reason in and of itself.

Meet and confer required before filing motion to seal based on another party's confidentiality designation.

Source text: If the moving party seeks to file documents under seal based on another party’s designation of the documents as “confidential,” before filing the motion, the moving party must, if feasible, meet and confer with the other party as to which documents that party contends should be filed under seal.

Motions to file under seal are strongly discouraged.

Source text: There is a presumptive right of public access to court records based upon common law and First Amendment grounds. As such, motions to file documents under seal are strongly discouraged.

Seal motions should be filed before related documents.

Source text: The Court recommends that parties seeking to seal documents that will be filed in conjunction with noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents.

Denied motions to seal result in immediate public filing on CM/ECF.

Source text: If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.

Strict standard applied for sealing documents.

Source text: The standard for filing documents under seal will be strictly applied.

Sealing motions must be narrowly tailored to specific documents/portions.

Source text: Motions to seal must be narrowly tailored to the documents or portions of documents which require protection for good cause in accordance with legal standards. Parties shall not request the wholesale sealing of documents where only portions require protection.

No response to sealing motion may result in public filing.

Source text: If no response is filed, the Court may order that the document be filed in the public record.

Motions to seal are strongly discouraged; agreement alone insufficient; must be narrowly tailored to specific portions requiring protection.

Source text: The public enjoys a presumptive right of public access to court records based upon the First Amendment and the common law; therefore, motions to file documents under seal are strongly discouraged. The fact that both sides agree to seal a document is insufficient cause for sealing. Motions based solely on a party’s designation of a document as “confidential” or “attorneys’ eyes only” under a stipulated protective order are insufficient to establish that a document, or portions thereof, are sealable. As such, motions to seal must be narrowly tailored to the documents or portions of documents which require protection for good cause in accordance with legal standards. Parties shall not request the wholesale sealing of documents where only portions require protection.

Motions to seal entire pleadings or briefs strongly disfavored; granted only in extraordinary circumstances.

Source text: Motions to seal entire pleadings or briefs are strongly disfavored and will be granted only in extraordinary circumstances.

Motions to seal documents are strongly discouraged.

Source text: Motions to file documents under seal are strongly discouraged.

Meet and confer required when sealing based on protective order designations.

Source text: Parties often seek to seal a document only because another party designated the document as sensitive under a protective order, including with a 'confidential' or 'attorneys' eyes only' designation. In these circumstances, the moving party must first meet and confer with the designating party to determine whether the designating party maintains that any portion of the document must be filed under seal.

Presumptive right of public access to court records exists under common law and First Amendment.

Source text: There is a presumptive right of public access to court records based upon common law and First Amendment grounds.

Motions to file documents under seal are strongly discouraged.

Source text: motions to file documents under seal are strongly discouraged.

Mutual agreement or stipulated protective order is insufficient cause for sealing documents.

Source text: The fact that both sides agree to seal a document or that a stipulated protective order was issued is insufficient cause for sealing.

Court may deny public access to protect sensitive personal or confidential information.

Source text: Even where a public right of access exists, such access may be denied by the Court in order to protect sensitive personal or confidential information.

Sealing standard strictly applied; redactions must be narrowly tailored.

Source text: The standard for filing documents under seal will be strictly applied, and all proposed redactions must be as narrowly tailored as possible.

Entire pleadings/attachments should not be sealed unless entire document meets sealing standard.

Source text: Parties should not seek to file under seal entire pleadings, or entire attachments, unless the party can establish that the entire document satisfies the standard for sealing.

Party seeking protective order must show good cause with specific need.

Source text: The party or person seeking the protective order bears the burden of 'good cause.' They must make a clear showing of a particular and specific need for the order.

Good cause requires showing harm or prejudice from disclosure.

Source text: The 'need' is typically a showing of the harm or prejudice that would follow disclosure.

Broad allegations without specifics don't satisfy Rule 26(c) test.

Source text: Courts have said that, '[b]road allegations of harm, unsubstantiated by specific examples or articulated reasoning, do not satisfy the Rule 26(c) test[.]'

Embarrassment or minor harm insufficient for sealing.

Source text: Embarrassing or only slightly harmful is not a sufficient basis for protection.

Umbrella/blanket protective orders can be challenged as they lack document-by-document review.

Source text: Blanket and umbrella orders are inherently subject to challenge since they are issued without the document-by-document particularized showing.

There is a presumptive right of public access; sealing is limited to documents necessary to protect sensitive information.

Source text: There is a presumptive right of public access to court records based upon common law and first amendment grounds. Even where a public right of access exists, such access may be denied by the Court in order to protect sensitive personal or confidential information. The Court may seal documents to protect sensitive information, however, the documents to be filed under seal will be limited by the Court to only those documents, or portions thereof, necessary to protect such sensitive information.

Presumptive right of public access to court records.

Source text: There is a presumptive right of public access to court records based upon common law and first amendment grounds.

Court records have presumptive public access right; sealing limited to documents/portions necessary to protect sensitive personal or confidential information.

Source text: There is a presumptive right of public access to court records based upon common law and first amendment grounds. Even where a public right of access exists, such access may be denied by the Court in order to protect sensitive personal or confidential information. The Court may seal documents to protect sensitive information; however, the documents to be filed under seal will be limited by the Court to only those documents, or portions thereof, necessary to protect such sensitive information.

Protective orders must include provisions for disposition of confidential/sealed materials after case conclusion.

Source text: The proposed protective order must contain a provision regarding the disposition of confidential or sealed documents and information upon conclusion of the case.

Court may modify protective order terms for good cause or interest of justice, with parties preferring advance notice.

Source text: The Court may modify the terms and conditions of this Order for good cause, or in the interest of justice, or on its own order at any time in these proceedings. The parties prefer that the Court provide them with notice of the Court's intent to modify the Order and the content of those modifications, prior to entry of such an order.

Use Judge Pettit's model protective order available on court website.

Source text: The Court encourages use of Judge Pettit's model protective order, which is available on Judge Pettit's page on the Court's website available at https://www.casd.uscourts.gov/Judges/Judge-Info.aspx.

Protective orders should include provisions for handling sealed documents after case closure.

Source text: The Court recommends that the stipulated protective order contain a provision regarding the disposition of confidential or sealed documents and information after the case is closed.

Trade secrets and confidential commercial information may be protected from disclosure.

Source text: order that trade secret or other confidential research, development or commercial information not be revealed or revealed in a designated way

Rule 26 allows sealing of discovery materials only in limited circumstances.

Source text: Under Rule 26, there are limited circumstances and situations where files, materials, or information can be sealed or limited in use.

Court must balance interests even when good cause exists.

Source text: However, even if good cause exists, the court must balance the interests in allowing discovery against the relative burdens to the parties and nonparties (i.e., the public).

Umbrella protective orders covering trade secrets or other confidential information are permitted if judge verifies good faith and allows challenges.

Source text: There is no objection to an order that allows the parties to keep their trade secrets (or some other properly demarcated category of legitimately confidential information) out of the public record, provided the judge (1) satisfies himself that the parties know what a trade secret is and are acting in good faith in deciding which parts of the record are trade secrets and (2) makes explicit that either party and any interested member of the public can challenge the secreting of particular documents.

Judge must review any request to seal records to protect public interest.

Source text: The judge is the primary representative of the public interest in the judicial process and is duty-bound therefore to review any request to seal the record (or part of it).

Parties can either agree on trade secret definition or list specific document categories with harm arguments for protective orders.

Source text: The court found the parties had two paths – either agree to an appropriate definition of trade secrets, or list discrete categories of documents by subject matter with supporting arguments showing that the category qualifies as protectable information and the specific competitive harm that was threatened.

Protective orders with good cause determination override federal common law right of access.

Source text: Where, however, a court grants a protective order having determined good cause to protect particular information from being disclosed, the federal common law right of access does not apply to documents filed under seal for good cause shown.

Courts have broad discretion to fashion protective orders without presumption of public access.

Source text: Applying a strong presumption of public access to the documents sealed after review by the court would 'surely undermine, and possibly eviscerate, the broad power of the district court to fashion protective orders.'

Presumptive right of public access to court records.

Source text: There is a presumptive right of public access to court records based upon common law and first amendment grounds.

Court may seal documents to protect sensitive information.

Source text: The Court may seal documents to protect sensitive personal or confidential information.