Southern District of New York Sealing & Redaction Procedures

Request to file under seal/redacted must be by letter-motion or motion with specific reasons.

Except as provided in subdivision 5(b)(i) below, and notwithstanding any provision to the contrary in a confidentiality order or stipulation, any party wishing to file under seal and/or in redacted form any document, or any portion thereof, must make a specific request to the Court by letter-motion or motion explaining the particular reasons for seeking to file that information under seal.

FRCP 5.2 requires redaction of SSNs, minor children names, DOBs, and account numbers without court approval.

Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers.

Sealing motions must be filed publicly with reasons, excluding confidential info.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.

Proposed sealed documents must be contemporaneously filed under seal and related to motion.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.

For redaction approval, publicly file redacted document and under seal file unredacted with highlights.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the redactions highlighted.

Meet and confer with opposing parties before filing sealed/redacted materials.

The party seeking leave to file sealed or redacted materials should meet and confer with any opposing parties (or third parties seeking confidential treatment of the information, if any) in advance to narrow the scope of the request.

Motion to seal must justify request under Lugosch standards and state if on consent.

The motion must justify the request in light of the standards set forth in Lugosch and state whether the request is on consent.

Opposing party must file letter explaining need to seal within 3 days.

When a party seeks leave to file sealed or redacted materials on the ground that an opposing party or third party has requested it, the filing party shall notify the opposing party or third party that it must file, within three days, a letter explaining the need to seal or redact the materials.

Must move for leave to file sealed documents on paper if unable to use ECF.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Sealed ECF documents cannot be served through ECF system.

sealed documents filed in ECF are no longer electronically accessible or viewable by non-court users, service of those documents can no longer be accomplished through ECF. Parties must serve sealed documents by other appropriate means consistent with the applicable Federal Rules of Procedure.

Paper filing allowed for classified or national security information.

To the extent any party seeks leave to file a document or information under seal in paper copy, rather than on the Court’s ECF system, by virtue of that document or information containing classified information or information that could harm national security, or if its disclosure could

Follow procedures in Amended Standing Order 21-mc-0006 for paper sealed filings.

it must seek leave to do so following the procedures set forth in the Court’s Amended Standing Order, 21-mc-0006 (S.D.N.Y. June 27, 2024).

Sealed filing applications must be emailed to Chambers with all counsel copied.

Any party wishing to request permission to file document(s) or information under seal in a criminal matter must email its application to Chambers at SwainNYSDCorresp@nysd.uscourts.gov, copying all counsel unless the application concerns an ex parte matter.

Sealed filing applications must include complete unredacted copies and explain redactions.

The email should also include complete, unredacted of all proposed redactions. The application must clearly identify the redaction(s) and explain the reasons for the redaction(s).

Granted sealed filings must be delivered to Records Management Department.

If an application to file under seal or with redactions is granted, the applying party must bring complete, unredacted copies of the material proposed to be sealed or redacted to the Court’s Records Management Department (500 Pearl Street, Room 370) to be filed under seal, along with a copy of the Court’s order granting the application.

Unruled sealed documents must be brought to proceedings for Court review.

If the Court has not ruled on the party’s application for sealed filing of a document submitted in connection with a criminal proceeding prior to such proceeding, the applying party must bring a hard copy of the document to the proceeding for the Court’s review and potential filing under seal.

Sealed sentencing submissions must be emailed to Chambers and hard copy brought to hearing.

Applications to file a sentencing memorandum, or material submitted in connection with a sentencing memorandum, under seal, should be emailed to Chambers at SwainNYSDCorresp@nysd.uscourts.gov, in compliance with subdivision B.4 above. The party seeking to file a submission under seal shall bring a hard copy of the unredacted submission to the sentencing hearing, in compliance with subdivision B.4 above.

Protective orders requiring sealing must be supported by competent evidence showing sealing is essential and narrowly tailored.

No protective order shall be submitted that provides for sealing of documents or other information in connection with a submission to the Court, except following a motion supported by competent evidence showing that sealing is essential to preserve higher values and is narrowly tailored to serve that interest.

Parties must move for permission to file materials under seal contemporaneously with the filing.

Any party seeking to file materials under seal (whether as part of a motion, a pretrial filing, or other submission) is required to move for permission to file the materials under seal contemporaneously.

File redacted versions on ECF and unredacted copies to Chambers when seeking to seal materials.

The party shall file the notice of motion and redacted versions of the briefing and any supporting materials on ECF, together with an unredacted copy to Chambers, specifying those portions sought to be sealed and setting forth the reasons why sealing is appropriate under the circumstances.

Unredacted exhibits over 100 pages must be submitted to Chambers on CD.

For exhibits over 100 cumulative pages, the party shall submit the unredacted documents to Chambers by CD only.

Parties must move for permission to file under seal contemporaneously, file redacted versions on ECF with unredacted copy to Chambers, and submit large exhibits (over 100 pages) on CD.

Notwithstanding any protective order, any party seeking to file materials under seal (whether as part of a motion, a pretrial filing, or other submission) is required to move for permission to file the materials under seal contemporaneously. The party shall do so according to the following procedures. i. The party shall file the notice of motion and redacted versions of the briefing and any supporting materials on ECF, together with an unredacted copy to Chambers, specifying those portions sought to be sealed and setting forth the reasons why sealing is appropriate under the circumstances. For exhibits over 100 cumulative pages, the party shall submit the unredacted documents to Chambers by CD only.

Sealing requires a motion supported by competent evidence showing it is essential to preserve higher values and is narrowly tailored.

No protective order shall be submitted that provides for sealing of documents or other information in connection with a submission to the Court, except following a motion supported by competent evidence showing that sealing is essential to preserve higher values and is narrowly tailored to serve that interest.

Sealed/redacted filings must be filed electronically through ECF system.

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF

Motion to seal must be filed publicly with reasons, without confidential information.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.

Sealed document must be filed under seal and electronically related to motion.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.

For redactions, file public version with redactions and sealed version with highlighted redactions.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the redactions highlighted.

Parties unable to file electronically must move for leave to file on paper.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Social Security numbers, minor children's names, dates of birth, and financial account numbers must be redacted from public filings without prior court approval.

Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers.

Motions to seal must be filed publicly, explain reasons for sealing, and not include the confidential information sought to be sealed.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.

Supporting papers for sealing motions must be separately filed and may be under seal or redacted only as necessary.

Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Proposed sealed documents must be contemporaneously filed under seal in ECF and electronically related to the motion.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.

For approved redactions, publicly file redacted version and under seal file unredacted version with redactions highlighted.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the redactions highlighted.

Sensitive information covered by Rule 5.2 must be redacted from public filings without prior court permission.

Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.

Motions for sealing/redaction and related subject documents must be electronically filed in ECF under the referenced standing order and ECF instructions.

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, Section 6.

Supporting papers must be filed separately in ECF and may be sealed or redacted only as necessary to protect the sensitive information.

Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

The proposed sealed document must be filed under seal at the same time as the motion and linked to that motion in ECF.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.

For redaction requests, the filer must publicly file a redacted version and file an unredacted highlighted version under seal in ECF.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted.

A party that cannot file under seal electronically, or believes a document should not be e-filed, must move for leave to file on paper.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Court leave is required before any document may be filed under seal.

Parties must obtain leave of this Court before filing any document under seal.

If sealing leave is granted, parties must file redacted copies with the Clerk.

If leave is granted, parties must file redacted copies with the Clerk of the Court.

When redactions are made, only the pages containing redacted material are filed under seal.

If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal.

Redactions beyond the listed eleven categories require an application served and filed with the sentencing submission.

If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served.

Obtain court leave before filing any document under seal; file redacted copies if granted.

Parties must obtain leave of this Court before filing any document under seal. Any sealing request should include a party’s proposed redactions. If leave is granted, parties must file redacted copies with the Clerk of the Court.

Ex parte TRO applications must be filed under seal on ECF or emailed to Chambers.

If the party seeking relief believes that Rule 65(b)(1)'s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal (or, if ECF is not a viable option, by email to Chambers) and then email Chambers providing notice.

Two categories of information may be redacted without court approval: sensitive information (5 categories) and information requiring caution (6 categories).

The parties are referred to Rule 5.2 of the Federal Rules of Civil Procedure and the S.D.N.Y. ECF Privacy Policy (“Privacy Policy”). There are two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.” Parties should not include in their public filings, unless necessary, the five categories of “sensitive information” (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]). Parties may also, without prior Court approval, redact from their public filings the six categories of information requiring caution described in the Privacy Policy (i.e., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government).

All redactions or sealing of public court filings require court approval, except those permitted in Paragraph 11(A) or by protective order.

Except for redactions permitted by Paragraph 11(A) or as provided by the protective order approved in the case, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents. In general, the parties’ consent or the fact that information is subject to a confidentiality agreement between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents.

Parties must meet and confer before seeking to seal or redact documents, and notify opposing parties of the need to file within 3 business days.

Any party seeking leave to file a document under seal or in redacted form shall proceed as follows: i. Meet and Confer. The party should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) file a document under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party shall notify the opposing party or third party that it must file, within three business days, a letter explaining the need to seal or redact the document.

Sealed documents require a public letter-motion explaining reasons, with the document filed under seal and electronically related to the motion.

The party shall file a letter-motion seeking leave to file a document under seal on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal, and should not include confidential information. The proposed sealed document shall be contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order if the Court previously granted leave to file the document under seal). Note that the summary docket text, but not the document itself, will be open to public inspection and should not include confidential information sought to be filed under seal.

Redacted documents require a public letter-motion, public filing of redacted version, and sealed filing of unredacted version with redactions highlighted.

Where a party seeks leave to file a document in redacted form, the party shall file a letter-motion seeking leave to file a document in redacted form on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the party shall: (1) publicly file on ECF and electronically relate to the letter-motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.

TRO applications without notice must be filed under seal on ECF or by email to Chambers.

If the party seeking relief believes that Rule 65(b)(1)'s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal (or, if ECF is not a viable option, by email to Chambers) and then email Chambers providing notice.

Parties must meet and confer before seeking leave to file sealed or redacted documents.

C. Procedures for Filing Sealed or Redacted Documents. Any party seeking leave to file a document under seal or in redacted form shall proceed as follows: i. Meet and Confer. The party should meet and confer with any opposing party (or any third party seeking confidential treatment of the information)

To file sealed documents, submit a public letter-motion explaining reasons, and file the sealed document contemporaneously under seal on ECF with appropriate restrictions.

ii. Sealed Document(s). The party shall file a letter-motion seeking leave to file a document under seal on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal, and should not include confidential information. The proposed sealed document shall be contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order if the Court previously granted leave to file the document under seal).

To file redacted documents, submit a public letter-motion, publicly file the redacted version, and file an unredacted copy under seal with redactions highlighted.

iii. Redacted Document(s). Where a party seeks leave to file a document in redacted form, the party shall file a letter-motion seeking leave to file a document in redacted form on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the party shall: (1) publicly file on ECF and electronically relate to the letter-motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.

Sensitive information categories: SSNs (last 4 digits), minor children names (initials), DOBs (year only), account numbers (last 4 digits), home addresses (city/state only).

Parties should not include in their public filings, unless necessary, the five categories of “sensitive information” (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]).

All redactions or sealing of public court filings require Court approval except for permitted categories.

Except for redactions permitted by the previous Paragraph, all redactions or sealing of public court filings require Court approval.

File the redacted version of the document on ECF.

The party should file the redacted version of the document on ECF.

If seeking leave to redact, file letter-motion on ECF simultaneously with redacted document.

If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a letter-motion seeking leave to file the document with those redactions.

Unredacted letter-motion must be emailed to chambers when seeking leave to file sealed/redacted documents

should be sealed or redacted, the party should include an unredacted copy of the letter-motion as an attachment to the email described in Paragraph 11(C)(iii) below, and—if possible—file a redacted version of the letter-motion on ECF.)

Sealed exhibits must be replaced with a single 'SEALED' page when filing main document on ECF

Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit.

Entire sealed submissions must be emailed to chambers, not filed on ECF

Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should email an unredacted copy of the submission to Chambers and should include as an attachment to the email a letter-motion seeking leave to file the document under seal.

Parties seeking to file sealed/redacted letter-motions should email unredacted copies to chambers and file redacted versions on ECF when possible.

should be sealed or redacted, the party should include an unredacted copy of the letter-motion as an attachment to the email described in Paragraph 11(C)(iii) below, and—if possible—file a redacted version of the letter-motion on ECF.

To file sealed exhibits, file the main document on ECF with a 'SEALED' placeholder page replacing the exhibit, and simultaneously file a letter-motion seeking leave.

Sealing Exhibits. Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked "SEALED" in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit. The party should simultaneously file a letter-motion seeking leave to file in that manner according to the procedure described in Paragraphs 11(C)(ii)–(iii) above.

To seal an entire submission, do not file on ECF initially; instead email unredacted copy to chambers with a letter-motion explaining why sealing is justified.

Sealing Entire Documents. Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should email an unredacted copy of the submission to Chambers and should include as an attachment to the email a letter-motion seeking leave to file the document under seal. The letter-motion must explain why sealing is justified considering the standards discussed in Paragraph 11(B) above.

Ex parte TRO applications must file on ECF under seal (or email to Chambers if ECF unavailable) and email Chambers notice.

If the party seeking relief believes that Rule 65(b)(1)’s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal (or, if ECF is not a viable option, by email to Chambers) and then email Chambers providing notice.

Sensitive and cautionary information may be redacted from public filings without court approval, with specific redaction formats required.

There are two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.” Parties should not include in their public filings, unless necessary, the five categories of “sensitive information” (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]). Parties may also, without prior Court approval, redact from their public filings the six categories of information requiring caution described in the Privacy Policy (i.e., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government).

Required

Always

All redactions or sealing except those in 11(A) or protective orders require court approval, must be narrowly tailored, and consistent with public access presumptions.

Except for redactions permitted by Paragraph 11(A) or as provided by the protective order approved in the case, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents. In general, the parties’ consent or the fact that information is subject to a confidentiality agreement between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents.

Sealed documents require a public letter-motion on ECF, with the sealed document filed contemporaneously under seal on ECF and related to the motion.

ii. Sealed Document(s). The party shall file a letter-motion seeking leave to file a document under seal on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal, and should not include confidential information. The proposed sealed document shall be contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order if the Court previously granted leave to file the document under seal). Note that the summary docket text, but not the document itself, will be open to public inspection and should not include confidential information sought to be filed under seal.

Redacted documents require a public letter-motion on ECF, public redacted copy, and sealed unredacted copy with highlighted redactions on ECF.

iii. Redacted Document(s). Where a party seeks leave to file a document in redacted form, the party shall file a letter-motion seeking leave to file a document in redacted form on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the party shall: (1) publicly file on ECF and electronically relate to the letter-motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.

Redacted copies filed on ECF, unredacted hard copies to chambers for privileged/sensitive material.

Redacted copies may be filed on ECF, with unredacted hard copies supplied to chambers, if the application includes privileged or sensitive material.

Sealed/redacted filings must be filed electronically through ECF system.

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject document(s), including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-MC-00583, and ECF Rules & Instructions, section 6.

Motion for sealed filing must be public and explain reasons without including sealed info.

The motion must be filed in public view, must explain the specific reasons for seeking to file the information under seal and should not include the information sought to be filed under seal.

Proposed sealed document must be contemporaneously filed under seal in ECF.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.

For redacted public filings, file redacted version publicly and unredacted under seal.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the

Parties must seek leave to file on paper if unable to file electronically under seal.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file on paper.

Applications required for redactions beyond standard categories in sentencing submissions

If a party redacts from a sentencing memorandum information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served at the time the sentencing submission is served. A redacted version of the sentencing submission must be filed on the ECF system at that time. The application should clearly identify the redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding.

Sealed documents must be filed electronically on CM/ECF.

Sealed documents are to be filed electronically on CM/ECF.

Inadvertently produced privileged documents must be immediately returned or destroyed.

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

Decisions referencing confidential stipulation material are withheld for 10 days; parties must request redaction, court decides only to redact truly confidential material.

The Court does not ordinarily file decisions under seal or redact material from them. If the Court issues a decision in this case that refers to “confidential” material under this stipulation, the decision will not be published for ten days. The parties must, within that ten-day period, identify to the Court any portion of the decision that one or more of them believe should be redacted, provide the Court with the purportedly confidential material, and explain why that material is truly confidential. The Court will then determine whether the material is in fact genuinely deserving of confidential treatment. The Court will only redact portions of a publicly available decision if it concludes that the material discussed is in fact deserving of such treatment. The Court’s decision in this regard is final.

Documents withheld on attorney-client privilege or work product grounds must comply with FRCP 26(b)(5) requirements.

Documents withheld based on a claim of privilege or work product are subject to the provisions of FRCP 26(b)(5).

Parties must follow Federal Rule of Civil Procedure 5.2 and S.D.N.Y. ECF Privacy Policy for redactions and sealing.

The parties are referred to Federal Rule of Civil Procedure 5.2 and the S.D.N.Y. ECF Privacy Policy ("Privacy Policy").

Two categories of information can be redacted without court approval: sensitive information and information requiring caution.

There are two categories of information that may be redacted from public court filings without prior permission from the Court: "sensitive information" and information requiring "caution."

Sensitive information categories that can be redacted without court approval include SSNs (last 4 digits), minor children's names (initials), DOBs (year only), account numbers (last 4 digits), and home addresses (city/state only).

Parties should not include in their public filings, unless necessary, the five categories of "sensitive information," i.e., social security numbers (use the last four digits only), names of minor children (use the initials only), dates of birth (use the year only), financial account numbers (use the last four digits only), and home addresses (use only the City and State).

Six categories of information requiring caution can be redacted without court approval: medical records, employment history, individual financial information, proprietary/trade secret information, and information about cooperation with government.

Parties may also, without prior Court approval, redact from their public filings the six categories of information requiring "caution" described in the Privacy Policy, i.e., medical records (including any information regarding medical treatment, including for substance abuse, and diagnosis), employment history, individual financial information, proprietary or trade secret information, and information regarding an individual's cooperation with the government.

All redactions or sealing of public court filings require court approval except for the eleven categories identified in the Privacy Policy.

Except for redactions permitted by the eleven categories of information identified in the Privacy Policy, all redactions or sealing of public court filings require Court approval.

Redactions or sealing must be narrowly tailored to serve the justifying purpose and consistent with the presumption of public access to judicial documents.

To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must otherwise be consistent with the presumption in favor of public access to judicial documents.

Parties' consent or confidentiality agreements alone are not valid bases to overcome the presumption of public access to judicial documents.

In general, the parties' consent or the fact that information is subject to a confidentiality agreement between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents.

Parties must meet and confer with opposing parties or third parties seeking confidential treatment to narrow the scope of sealing/redaction requests.

The party should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) in advance to narrow the scope of the request.

If filing under seal/redacted form due to opposing party/third party request, the filing party must notify them to file a letter explaining the need within three business days.

When a party seeks leave to file a document under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party shall notify the opposing party or third party that it must file, within three business days, a letter explaining the need to seal or redact the document.

To file a document wholly under seal, parties must file a letter-motion following Standing Order 19-MC-583 and S.D.N.Y. ECF Rules Section 6.

The party shall file a letter-motion seeking leave to file a document wholly under seal on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions.

The letter-motion seeking to file under seal must be filed in public view, explain reasons for sealing, and exclude confidential information.

The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal, and should not include confidential information.

The proposed sealed document must be contemporaneously filed under seal on ECF with appropriate restrictions and electronically related to the motion or relevant court order.

The proposed sealed document shall be contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order if the Court previously granted leave to file the document under seal).

Summary docket text will be open to public inspection but not the sealed document itself, and should exclude confidential information.

Note that the summary docket text, but not the document itself, will be open to public inspection and should not include confidential information sought to be filed under seal.

To file a document in redacted form, parties must file a letter-motion seeking leave.

Where a party seeks leave to file a document in redacted form, the party shall file a letter-motion seeking leave to file a

Sensitive information (SSN, minor names, DOB, account numbers, addresses) must be redacted from public filings

Parties should not include in their public filings, unless necessary, the five categories of “sensitive information,” i.e., social security numbers (use the last four digits only); names of minor children (use the initials only); dates of birth (use the year only); financial account numbers (use the last four digits only); and home addresses (use only the City and State).

Three-step process for filing documents with redactions: ECF filing, letter-motion seeking leave, and emailing unredacted copies to chambers.

Any party seeking to file a document with partial redactions should follow the following three steps: i. ECF Filing of the Redacted Document(s). The party should file the redacted version of the document on ECF. ii. Filing a Letter-Motion Seeking Leave to File with Redactions. If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a letter-motion seeking leave to file the document with those redactions. The letter-motion must explain the purpose of the redactions, and why the redactions are consistent with the standards set forth in Section 9(b) above. iii. Emailing of Documents to Chambers. At the same time, the party should email to HoNYSDChambers@nysd.uscourts.gov: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion described in Section 9(c)(ii), should the party also be seeking leave to file that letter-motion with redactions or under seal.

Sealed exhibits must be replaced with a single 'SEALED' page on ECF, with simultaneous letter-motion seeking leave.

Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit. The party should simultaneously file a letter-motion seeking leave to file in that manner.

Entire documents to be filed under seal should be emailed directly to chambers with letter-motion, not filed on ECF.

Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should email an unredacted copy of the submission to HoNYSDChambers@nysd.uscourts.gov and should include as an attachment to the email a letter-motion seeking leave to file the document under seal. The letter-motion must explain why sealing is justified in light of the standards discussed in Section 9(b) above. If the party believes that the letter-motion itself should be sealed or redacted, the letter-motion should so state and should provide the justification therefor. The Court will include instructions for filing sealed or redacted versions of the document and accompanying letter-motion, if necessary, in any order disposing of the motion to seal.

Sealed filings require court approval via motion filed in public view with supporting papers.

B. Sealing/Redaction Requiring Court Approval. Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order (21-mc-13), and ECF Rules & Instructions, section 6, available at https://nysd.uscourts.gov/rules/ecf-related-instructions. The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Redaction requests require public filing with redactions and sealed filing of unredacted version with highlights.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Supporting papers may be filed under seal or redacted only as necessary to protect confidential information.

Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Sealed documents must be contemporaneously filed under seal in ECF and electronically related to the motion.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.

Sealed letters must follow ECF sealing procedures.

Letters to be filed under seal shall follow the procedure for Electronic Filing Under Seal in Civil and Miscellaneous Cases in accordance with Section 3 of this document.

For redactions in publicly filed documents, file redacted version publicly and unredacted version under seal with highlights.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted.

Parties unable to file electronically under seal must move for leave to file on paper.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Sealed letters must follow the Electronic Filing Under Seal procedure in Section 3.

Letters to be filed under seal shall follow the procedure for Electronic Filing Under Seal in Civil and Miscellaneous Cases in accordance with Section 3 of this document.

FRCP 5.2 information must be redacted without prior court approval.

Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.

Motions for sealed/redacted filings must be filed via ECF per standing order 19-mc-00583.

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court's ECF system in conformity with the court's standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.

Sealed documents must be filed contemporaneously in ECF with public docket text that excludes confidential information.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

To request redaction approval, file redacted version publicly and unredacted version with highlights under seal.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Redacted pages must be filed under seal and a marked copy delivered to the Court at sentencing.

If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal. Bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal.

Sealed/sensitive letters must be emailed as PDF with copy to all counsel

Letters to be filed under seal or containing sensitive or confidential information may be emailed to the Court at WoodsNYSDChambers@nysd.uscourts.gov as a .pdf attachment with a copy simultaneously delivered to all counsel.

Certain sensitive information must be redacted from public filings without court approval.

Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes the following: Social Security numbers; names of minor children; dates of birth; and financial account numbers.

Motions for sealed/redacted filings must be filed electronically through ECF.

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed documents, must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.

Motions for sealed filings must be filed publicly with non-confidential explanations.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.

Proposed sealed documents must be filed under seal and related to the motion.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.

For redactions in public filings, file redacted version publicly and unredacted version under seal.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the redactions highlighted.

Submit sealed/redacted documents, motion, and supporting papers in paper form by hand delivery or mail.

In that case, the proposed sealed/redacted document, a copy of the motion and any supporting papers must be contemporaneously submitted to the Court in paper form, by hand delivery or mail.

Proposed redactions must be highlighted in paper filings.

Any proposed redactions must be highlighted.

Parties must not include sensitive personal information in filings.

Unless relevant to the case, parties must not include in submissions to the Court (1) social security numbers; (2) names of minor children; (3) dates of birth; (4) financial account numbers; or (5) home addresses.

Pro se parties must submit redacted versions of documents with sensitive info.

Pro se parties wishing to file a document already containing this information must submit a redacted version to the Pro Se Office.

Must request permission to include sensitive info if relevant to case.

If this information is relevant to the case, the filing party must request permission from the Court prior to filing and explain why the information needs to be included.

Redacted documents must be publicly filed with proposed redactions

When a party seeks approval to redact information from a document that is to be publicly filed, the filing party must publicly file the document with the proposed redactions.

Redactions beyond 11 categories require court approval with application.

If a party redacts information beyond the eleven categories of information identified in Rule 7(C)(i) above, an application must be served and filed at the time the sentencing submission is served. The party seeking approval to redact information must publicly file the document with the proposed redactions. The application must clearly identify the redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding.

Redacted pages must be filed under seal at sentencing proceeding.

If any material is redacted from a publicly filed document, only those pages containing the redacted material will be filed under seal. Counsel must bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal.

For ex parte TRO applications, file under seal on ECF or email to Chambers, then call Chambers.

if the party seeking relief believes that Rule 65(b)(1)'s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal (or, if ECF is not a viable option, by email to Chambers at OetkenNYSDchambers@nysd.uscourts.gov) and then call Chambers at (212) 805-0266

Two categories of information may be redacted without court approval

There are two categories of information that may be redacted from public court filings without prior permission from the Court: "sensitive information" and information requiring "caution."

All redactions/sealing require court approval except for sensitive/caution categories

Except for redactions permitted by the previous paragraph, all redactions or sealing of public court filings require Court approval.

Meet and confer required before filing sealed/redacted documents

The party should meet and confer with any opposing

Opposing parties must file letter explaining need to seal/redact within 3 business days when requested by another party.

When a party seeks leave to file a document under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party shall notify the opposing party or third party that it must file, within three business days, a letter explaining the need to seal or redact the document.

Sealed documents require letter-motion explaining reasons, filed publicly, with sealed document filed under seal on ECF.

The party shall file a letter-motion seeking leave to file a document under seal on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal, and should not include confidential information. The proposed sealed document shall be contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order if the Court previously granted leave to file the document under seal). Note that the summary docket text, but not the document itself, will be open to public inspection and, thus, should not include confidential information sought to be filed under seal.

Redacted documents require letter-motion, public filing of redacted version, and sealed filing of unredacted version with redactions highlighted.

Where a party seeks leave to file a document in redacted form, the party shall file a letter-motion seeking leave to file a document in redacted form on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the party shall (1) publicly file on ECF and electronically relate to the letter-motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.

Confidential portions of discovery materials must be stamped/marked and a redacted copy produced for public use.

With respect to the Confidential portion of any Discovery Material other than deposition transcripts and exhibits, the producing person or that person’s counsel may designate such portion as “Confidential” by: (a) stamping or otherwise clearly marking as “Confidential” the protected portion in a manner that will not interfere with legibility or audibility; and (b) producing for future public use another copy of said Discovery Material with the confidential information redacted.

Deposition transcripts can be designated confidential during deposition or within 30 days after, with entire transcript treated as confidential during the 30-day period.

With respect to deposition transcripts, a producing person or that person’s counsel may designate such portion as Confidential either by (a) indicating on the record during the deposition that a question calls for Confidential information, in which case the reporter will bind the transcript of the designated testimony (consisting of question and answer) in a separate volume and mark it as “Confidential Information Governed by Protective Order”; or (b) notifying the reporter and all counsel of record, in writing, within 30 days after a deposition has concluded, of the specific pages and lines of the transcript and/or the specific exhibits that are to be designated Confidential, in which case all counsel receiving the transcript will be responsible for marking the copies of the designated transcript or exhibit (as the case may be), in their possession or under their control as directed by the producing person or that person’s counsel by the reporter. During the 30-day period following the conclusion of a deposition, the entire deposition transcript will be treated as if it had been designated Confidential.

Leave required before filing redacted or sealed documents.

No person may file with the Court redacted documents or documents under seal without first seeking leave to file such papers.

Sealed filings require public redacted copies via ECF.

Any Party filing a motion or any other papers with the Court under seal shall also publicly file a redacted copy of the same, via the Court’s Electronic Case Filing system, that redacts only the Confidential Discovery Material itself, and not text that in no material way reveals the Confidential Discovery Material.

PII must be maintained securely and confidentially.

Any Personally Identifying Information ("PII") (e.g., social security numbers, financial account numbers, passwords, and information that may be used for identity theft) exchanged in discovery shall be maintained by the persons who receive such information and are bound by this Protective Order in a manner that is secure and confidential.

Confidential materials must be returned or destroyed within 30 days after case ends.

This Protective Order shall survive the termination of the litigation. Within 30 days after the final disposition of this action, all Discovery Material designated as "Confidential," and all copies thereof, shall be promptly returned to the producing person, or, upon permission of the producing person, destroyed.

Parties must avoid including sensitive information unless necessary in submissions.

The parties are referred to the E-Government Act of 2002 and the Southern District’s ECF Privacy Policy (“Privacy Policy”). The parties should not include, unless necessary, the five categories of “sensitive information” in their submissions (i.e., social security numbers, names of minor children [use the initials only], dates of birth [use the year only], financial account numbers and home addresses [use only the City and State]).

All redactions or sealing of public court filings require Court approval except for permitted categories.

Except for redactions permitted by the previous Paragraph, all redactions or sealing of public court filings require Court approval.

Redactions must be narrowly tailored and consistent with public access presumption.

To be approved, redactions must be narrowly tailored to serve whatever purpose justifies them and otherwise consistent with the presumption in favor of public access to judicial documents.

Court reviews each proposed redaction individually.

The Court will review each proposed redaction individually.

Parties' consent or confidentiality agreements alone don't justify sealing.

In general, the parties’ consent or the fact that information is subject to a confidentiality agreement (or protective order) between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents.

File redacted document version on ECF.

The party should file the redacted version of the document on ECF.

File letter-motion seeking leave to redact if redactions require Court approval.

If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a letter-motion seeking leave to file the document with those redactions.

For sealed exhibits, file main document on ECF with 'SEALED' placeholder page and simultaneous letter-motion seeking leave.

Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit. The party should simultaneously file a letter-motion seeking leave to file in that manner.

For entire sealed documents, email unredacted copy to chambers with letter-motion explaining sealing justification; no ECF filing initially.

Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should email an unredacted copy of the submission to VargasNYSDChambers@nysd.uscourts.gov and should include as an attachment to the e-mail a letter-motion seeking leave to file the document under seal. The letter-motion must explain why sealing is justified in light of the standards discussed in Section 10(C) above. If the party believes that the letter-motion itself should be sealed or redacted, the letter-motion should so state and should provide the justification therefor. The Court will include instructions for filing sealed or redacted versions of the document and accompanying letter-motion, if necessary, in any order disposing of the motion to seal.

Sensitive personal information must be redacted unless relevant to the case.

Unless relevant to the case, parties must not include in submissions to the Court (1) social security numbers; (2) names of minor children; (3) dates of birth; (4) financial account numbers; or (5) home addresses. Pro se parties wishing to file a document already containing this information must submit a redacted version to the Pro Se Office.

Protective order proposals must conform to Court's Model Protective Order

(a) All parties that wish to propose a protective order must, after receiving the Court’s permission in accordance with Rule 2(b), supra, submit a proposed protective order that conforms as closely as possible with the Court’s Model Protective Order, which is available on the Judge’s website.

Modifications to Model Protective Order require redline emailed to Chambers

If the parties alter the Court’s Model Protective Order in any way other than conforming the caption and signatures, they must provide a redline indicating all such modifications by email to Chambers.

Notice of at least 3 business days required before filing documents under seal.

Parties are expected to provide the Court with notice at least three business days before the relevant filing deadline if they wish to file documents under seal.

Sealed documents must be filed in ECF system; redacted public version and unredacted sealed version both required.

After obtaining the Court’s leave, the document must be filed under seal in the ECF system. Where a party has received approval to redact information from a document that is to be publicly filed, that party shall publicly file the document with the redactions, and electronically file under seal a copy of the unredacted document. Both documents must be electronically filed through the ECF system.

Electronic copies of sealed documents must be emailed to Court; hard copies only if requested.

When filing documents under seal, parties are expected to provide the Court electronic copies of the underlying documents via email. If hard copies are necessary, they will be requested.

All redactions or sealing of public court filings require court approval, except for those permitted by Rule 9.A.

Except for redactions permitted by Rule 9.A, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must otherwise be consistent with the presumption in favor of public access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). In general, the parties’ consent, or the fact that information is subject to a confidentiality agreement between litigants, is not sufficient to overcome the presumption in favor of public access to judicial documents. See, e.g., In re Gen. Motors LLC Ignition Switch Litig., No. 14-MD-2543 (JMF), 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015).

Parties must meet and confer with opposing parties before seeking to file sealed or redacted materials.

The party seeking leave to file sealed or redacted materials should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) in advance to narrow the

Sealed documents require letter-motion, public filing of motion, sealed filing on ECF, and email to chambers.

The party shall electronically file a letter-motion seeking leave to file a document under seal on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal, and should not include confidential information. The proposed sealed document shall be separately and contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order, if the Court previously granted leave to file the document under seal). The proposed sealed document shall also be emailed to ReardenNYSDChambers@nysd.uscourts.gov. Note that the summary docket text, but not the document itself, will be open to public inspection and, thus, should not include confidential information sought to be filed under seal.

Redacted documents require letter-motion, public filing with redactions, sealed filing of unredacted copy, and email to chambers.

Where a party wishes to file a document in redacted form, the party shall electronically file a letter-motion seeking leave to file a document in redacted form on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the party shall: (1) publicly file on ECF and electronically relate to the letter-motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted. The unredacted copy shall also be emailed to ReardenNYSDChambers@nysd.uscourts.gov.

Letter-motions for alternative filing methods must be emailed to chambers with specific subject line requirements and page limits.

Any party unable to comply with the requirement for electronic filing under seal on ECF, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion by email, seeking leave of the Court to file in a different manner. Such letter-motions may be emailed to ReardenNYSDChambers@nysd.uscourts.gov as text-searchable PDF attachments, with copies simultaneously delivered to all counsel. In the subject line, the cover email should state clearly: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties shall not include substantive communications in the body of the email. Unless otherwise ordered by the Court, letter-motions seeking leave to file in a different manner shall not exceed five double-spaced pages.

Sentencing letters must follow Rule 10 redaction/sealing requirements.

The filing of any letters in connection with sentencing must be consistent with Rule 10 regarding redacted and sealed filings, to the extent that Rule applies.

Parties may redact sensitive and caution information without court approval.

Without prior permission from the Court, parties may redact two categories of information from public court filings: 'sensitive information,' and information requiring 'caution.'

All redactions/sealing except Rule 10.A require court approval.

Except for redactions permitted by Rule 10.A, all redactions or sealing of public court filings require Court approval.

File redacted document on ECF first

ECF Filing of the Redacted Document(s). The party should file the redacted version of the document on ECF.

File letter-motion seeking leave to redact if redactions need court approval

Filing or Emailing a Letter-Motion Seeking Leave to File with Redactions. If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a letter-motion seeking leave to file the document with those redactions.

Email unredacted document, highlighted version, and unredacted letter-motion to chambers

Emailing of Documents to Chambers. At the same time, the party should email to ReardenNYSDChambers@nysd.uscourts.gov: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion described in Rule 10.C.ii, should the party also be seeking leave to file that letter-motion with redactions or under seal.

File main document on ECF with 'SEALED' page replacing sealed exhibits

Sealing Exhibits. Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file on ECF the main document (in accordance with the procedures above, if the party seeks to do so with redactions), accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit.

Email unredacted sealed document and letter-motion to chambers, do not file on ECF

Sealing Entire Documents. Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should email an unredacted copy of the submission to ReardenNYSDChambers@nysd.uscourts.gov and include as an attachment to the email a letter-motion seeking leave to file the document under seal.

Procedures for filing sealed/redacted documents require meeting and confer, specific filing methods, and notification requirements.

Any party seeking to file a document under seal or in redacted form must proceed as follows:

Meet and confer required before filing sealed/redacted materials; opposing parties must respond within 3 days if requested by another party.

(a) Meet and Confer. The party seeking leave to file sealed or redacted materials should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) in advance to narrow the scope of the request. When a party seeks leave to file a document under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party must notify the opposing party or third party that it must file, within three days, a letter explaining the need to seal or redact the document.

Sealed documents must be filed on ECF with public motion explaining reasons, supporting papers filed separately, and proposed sealed document filed under seal and related to motion.

(b) Sealed Document(s). Motions or letter motions for approval of sealed filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed on ECF in conformity with the Court's Standing Order, 19-MC-00583, and Section 6 of the ECF Rules & Instructions (https://nysd.uscourts.gov/rules/ecf-related-instructions). The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed on ECF and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal. The proposed sealed document must be contemporaneously filed under seal on ECF and electronically related to the motion. The summary docket text, but not the sealed

Redacted documents require public motion explaining reasons, public filing with proposed redactions, and sealed filing of unredacted version with redactions highlighted.

(c) Redacted Document(s). Motions or letter motions for approval to file a document in redacted form must be filed on ECF in conformity with the Court's Standing Order, 19-MC-00583, and Section 6 of the ECF Rules & Instructions (https://nysd.uscourts.gov/rules/ecf-related-instructions). The motion itself must be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the filing party must: (a) publicly file the document with the proposed redactions; and (b) file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be filed on ECF and related to the motion.

Paper filing of sealed documents requires motion for leave of court if unable to comply with ECF requirements.

(d) Submission by Paper. Any party unable to comply with the requirement for electronic filing under seal on ECF, or who has reason to believe that a particular document should not be filed on ECF, must move for leave of the Court to file on paper.

Sealed or confidential letters must follow specific filing procedures.

Letters to be filed under seal or containing sensitive or confidential information must be filed on ECF in conformity with the Court's Standing Order, 19-MC-00583, and ECF Rules & Instructions, Section 6.

Procedures for filing sealed or redacted documents

Any party seeking to file a document under seal or in redacted form must proceed as follows:

Meet and confer required before filing sealed/redacted materials

(a) Meet and Confer. The party seeking leave to file sealed or redacted materials should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) in advance to narrow the scope of the request.

Sealed documents must be filed on ECF following specific procedures

(b) Sealed Document(s). Motions or letter motions for approval of sealed filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed on ECF in conformity with the Court's Standing Order, 19-MC-00583, and Section 6 of the ECF Rules & Instructions (https://nysd.uscourts.gov/rules/ecf-related-instructions).

Redacted documents require public filing with proposed redactions and sealed unredacted copy

(c) Redacted Document(s). Motions or letter motions for approval to file a document in redacted form must be filed on ECF in conformity with the Court's Standing Order, 19-MC-00583, and Section 6 of the ECF Rules & Instructions (https://nysd.uscourts.gov/rules/ecf-related-instructions). The motion itself must be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the filing party must: (a) publicly file the document with the proposed redactions; and (b) file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be filed on ECF and related to the motion.

Paper filing requires motion for leave of court

(d) Submission by Paper. Any party unable to comply with the requirement for electronic filing under seal on ECF, or who has reason to believe that a particular document should not be filed on ECF, must move for leave of the Court to file on paper.

Sensitive information categories must be redacted or limited in sentencing submissions.

For this reason, the parties are referred to the E-Government Act of 2002 and the SDNY’s ECF Privacy Policy (“Privacy Policy”) and reminded not to include, unless necessary, the five categories of “sensitive information” in their submissions (i.e., social security numbers, names of minor children [use the initials only], dates of birth [use the year only], financial account numbers, and home addresses [use only the City and State]).

Redacted pages must be filed under seal; unredacted copy emailed to Chambers.

If any material is redacted from a publicly filed document, only those pages containing the redacted material will be filed under seal. The party shall email a copy of the unredacted material to Chambers for filing under seal.

Redactions beyond 12 categories require application filed with sentencing submission.

If redactions are sought beyond the 12 categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served. The application should clearly identify the redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding.

Letters under seal or containing sensitive or confidential information must be filed on ECF per the Court's Standing Order and ECF Rules.

Letters to be filed under seal or containing sensitive or confidential information must be filed on ECF in conformity with the Court's Standing Order, 19-MC-00583, and ECF Rules & Instructions, Section 6.

Parties must redact five categories of sensitive information and may redact six categories requiring caution without Court approval, per FRCP 5.2 and the SDNY Privacy Policy.

The parties are referred to Federal Rule of Civil Procedure 5.2 and the SDNY ECF Privacy Policy ("Privacy Policy") and reminded not to include, unless necessary, the five categories of "sensitive information" in their submissions (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use the City and State only]). Parties may redact the five categories of "sensitive information" and the six categories of information requiring caution (i.e., personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual's cooperation with the government), as described in the Privacy Policy, without Court approval.

All redactions require Court approval and must be narrowly tailored and consistent with the presumption of public access.

all redactions require Court approval. To be approved, redactions must be narrowly tailored to serve whatever purpose justifies them and otherwise consistent with the presumption in favor of public access to judicial documents.

When sealing is at another party's request, that party must be notified to file a letter within three days explaining the need to seal or redact.

When a party seeks leave to file a document under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party must notify the opposing party or third party that it must file, within three days, a letter explaining the need to seal or redact the document.

Sealed filing motions must be filed on ECF in public view with reasons, supporting papers filed separately, and the proposed sealed document contemporaneously filed under seal on ECF.

Motions or letter motions for approval of sealed filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed on ECF in conformity with the Court's Standing Order, 19-MC-00583, and Section 6 of the ECF Rules & Instructions (https://nysd.uscourts.gov/rules/ecf-related-instructions). The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed on ECF and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal. The proposed sealed document must be contemporaneously filed under seal on ECF and electronically related to the motion.

Redacted filing motions must be filed on ECF in public view; the filing party must publicly file the redacted document and file under seal the unredacted version with redactions highlighted.

Motions or letter motions for approval to file a document in redacted form must be filed on ECF in conformity with the Court's Standing Order, 19-MC-00583, and Section 6 of the ECF Rules & Instructions (https://nysd.uscourts.gov/rules/ecf-related-instructions). The motion itself must be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the filing party must: (a) publicly file the document with the proposed redactions; and (b) file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be filed on ECF and related to the motion.

TRO filing procedures: under seal with URGENT: TRO subject for ex parte; ECF + service + email for notice

if the party seeking relief (1) believes that Rule 65(b)(1)'s requirements can be met and a temporary restraining order should issue without notice to the adverse party, the party should file its papers on ECF under seal (or, if ECF is not a viable option, by email to Chambers at Furman_NYSDChambers@nysd.uscourts.gov) and then email Chambers with the words "URGENT: TRO" in the subject; or (2) is prepared to seek relief on notice to the adverse party, the party seeking relief should simultaneously file its papers on ECF, serve them on all other parties, and then email Chambers, copying all other parties, with the words "URGENT: TRO" in the subject.

All redactions or sealing of public court filings require court approval except for specified categories.

Except for redactions permitted by the previous Paragraph, all redactions or sealing of public court filings require Court approval.

Parties must meet and confer with opposing counsel before filing sealed or redacted documents.

The party should meet and confer with any opposing

Opposing parties must file letter explaining need to seal/redact within 3 business days when requested

in advance to narrow the scope of the request. When a party seeks leave to file a document under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party shall notify the opposing party or third party that it must file, within three business days, a letter explaining the need to seal or redact the document.

File letter-motion seeking leave to seal on ECF, with sealed document filed under seal and related to motion

The party shall file a letter-motion seeking leave to file a document under seal on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal, and should not include confidential information. The proposed sealed document shall be contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order if the Court previously granted leave to file the document under seal). Note that the summary docket text, but not the document itself, will be open to public inspection and, thus, should not include confidential information sought to be filed under seal.

File letter-motion seeking leave to redact on ECF, with redacted copy publicly filed and unredacted copy filed under seal

Where a party seeks leave to file a document in redacted form, the party shall file a letter-motion seeking leave to file a document in redacted form on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the party shall (1) publicly file on ECF and electronically relate to the letter-motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.

Two categories of information may be redacted without court approval: sensitive information (SSNs, minor children names, DOBs, account numbers, home addresses) and information requiring caution (personal identifying numbers, medical records, employment history, financial information, proprietary information, cooperation information).

There are two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.” Parties should not include in their public filings, unless necessary, the five categories of “sensitive information” (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]). Parties may also, without prior Court approval, redact from their public filings the six categories of information requiring caution described in the Privacy Policy (i.e., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government).

Three-step process for filing documents with redactions

C. Procedures for Filing Documents with Redactions. Any party seeking to file a document with partial redactions should follow the following three steps:

Procedure for filing fully sealed documents

D. Procedure for Filing Sealed Documents.

Procedure for filing documents with redactions requires three steps

Any party seeking to file a document with partial redactions must follow the following three steps:

Procedure for filing sealed documents requires three steps

Any party seeking to file a document under seal must follow the following three steps:

Email specific redacted document versions to chambers when granted leave to submit by email.

If the Court grants leave to submit by email, the party should email to ClarkeNYSDChambers@nysd.uscourts.gov: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion described in Rules 5(e)(iii)-(iv), should the party also be seeking leave to file that letter-motion with redactions or under seal.

Opposition to sealing/redaction requests must be filed on ECF within 3 business days.

Any opposition shall be filed on ECF within three business days of the filing party’s letter-motion seeking leave to file under seal or with redactions.

Parties may redact sensitive information without court approval as per Privacy Policy.

Without Court approval, parties may redact the five categories of 'sensitive information' and the six categories of information requiring caution (i.e., personal identifying number, medical records, treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information and information regarding an individual's cooperation with the government), as described in the Privacy Policy.

Three-step process for filing documents with redactions: ECF filing, letter-motion seeking leave, and emailing clean/unredacted copies to chambers.

Any party seeking to file a document with partial redactions should follow the following three steps: i. ECF Filing of the Redacted Document(s). The party should file the redacted version of the document on ECF. ii. Filing a Letter-Motion Seeking Leave to File with Redactions. If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a letter-motion seeking leave to file the document with those redactions. The letter-motion must explain the purpose of the redactions, and why the redactions are consistent with the standards set forth in Section 8(c) above. iii. Emailing of Documents to Chambers. At the same time, the party should email to ClarkeNYSDChambers@nysd.uscourts.gov: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion described in Section 8(d)(ii), should the party also be seeking leave to file that letter-motion with redactions or under seal.

For sealed exhibits, file main document on ECF with single 'SEALED' page replacing exhibit, plus letter-motion seeking leave.

Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit. The party should simultaneously file a letter-motion seeking leave to file in that manner.

For entire sealed submissions, email unredacted copy to chambers with letter-motion seeking leave to file under seal.

Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should e-mail an unredacted copy of the submission to ClarkeNYSDChambers@nysd.uscourts.gov and should include as an attachment to the e-mail a letter-motion seeking leave to file the document under seal. The letter-motion must explain why

Documents containing confidential information must be filed under seal, with producing party responsible for satisfying preconditions.

Any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law (including without limitation any applicable rules of court) and kept under seal until further order of the Court. To the extent the Court requires any further act by the parties as a precondition to the filing of documents under seal (beyond the submission of this Stipulation and Order Regarding Confidential Information), it shall be the obligation of the producing party of the documents to be filed with the Court to satisfy any such precondition. Where possible, only confidential portions of filings with the Court shall be filed under seal.

Confidential information must be returned or destroyed within 30 days after final judgment, except counsel may retain working files.

At the conclusion of litigation, the Confidential Information and any copies thereof shall be promptly (and in no event later than thirty (30) days after entry of final judgment no longer subject to further appeal) returned to the producing party or certified as destroyed, except that the parties’ counsel shall be permitted to retain their working files on the condition that those files will remain confidential.

Confidential information filed with court must be filed under seal

All information subject to confidential treatment in accordance with the terms of this Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law

Documents/information labeled 'CONFIDENTIAL – PRODUCED PURSUANT TO PROTECTIVE ORDER' are confidential by court order.

I have been informed by counsel that certain documents or information to be disclosed to me in connection with the matter entitled ___________________________ have been designated as confidential. I have been informed that any such documents or information labeled “CONFIDENTIAL – PRODUCED PURSUANT TO PROTECTIVE ORDER” are confidential by Order of the Court.

Sentencing submissions must be filed on ECF with redactions and courtesy copies provided to the Court.

The defense and Government submissions should be filed on ECF after redacting any personal identifying information and any other information that may properly be redacted. The parties should provide the Court courtesy copies of all sentencing submissions.

Certain sensitive information must be redacted from filings without court approval.

Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers.

Motions for sealed filings must be filed electronically following specific procedures.

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court's ECF system in conformity with the court's standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.

Motions for sealed filings must be public and explain reasons without including confidential information.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.

Redaction requires filing redacted version publicly and unredacted version under seal with highlights.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Opposing party must file letter explaining need to seal/redact within 3 days.

When a party seeks leave to file sealed or redacted materials on the ground that an opposing party or third party has requested it, that party shall notify the opposing party or third party that it must file, within three days, a letter explaining the need to seal or redact the materials.

Motion required to file sealed documents on paper instead of ECF.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Meet and confer required before filing sealed/redacted documents.

The party seeking leave to file a document under seal or in redacted form shall meet and confer with all other parties in the case (as well as any third party seeking confidential treatment of the information) in advance to narrow the scope of the request.

Letter-motion required for sealed/redacted filings on ECF.

Where a party seeks leave to file a document under seal or in redacted form, the party shall file a letter-motion seeking leave to do so on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. ECF Rules and Instructions.

Unredacted copy with highlighted redactions must be emailed to Chambers and Courtroom Deputy when filing redacted documents.

When a party seeks to file a document in redacted form, the party also shall e-mail to Chambers (CronanNYSDChambers@nysd.uscourts.gov) and to the Courtroom Deputy, Meghan Henrich (Meghan_Henrich@nysd.uscourt s.gov) an unredacted copy of the document highlighting the proposed redactions.

Two categories of information may be redacted without court approval: sensitive information and information requiring caution.

The parties are referred to the E-Government Act of 2002 and the Southern District’s ECF Privacy Policy (“Privacy Policy”). There are two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.”

Redactions not in approved categories require court approval through a three-step process.

Except for redactions referenced in 9.A above, all redactions of public court filings require Court approval. Any party seeking to file a document in redacted form shall proceed in the following three steps:

Email unredacted and highlighted copies to Chambers when filing redacted documents

E-mailing of Documents to Chambers. Simultaneously, the party should e-mail to Chambers (CronanNYSDChambers@nysd.uscourts.gov) and to the Courtroom Deputy, Meghan Henrich (Meghan_Henrich@nysd.uscourts.gov) (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion described in 9.B.ii above, should the party also be seeking leave to file that letter-motion with redactions under seal.

File main document on ECF with 'SEALED' placeholder for sealed exhibits

Sealing Exhibits. Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures in 9.B above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit.

Email entire unredacted submission to Chambers for fully sealed documents

Sealing Entire Documents. Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. The party should instead e-mail an unredacted copy of the submission to Chambers (CronanNYSDChambers@nysd.uscourts.gov) and to the Courtroom Deputy, Meghan Henrich (Meghan_Henrich@nysd.uscourts.gov) and include as an attachment to the e-mail a letter-motion seeking leave to file in that manner addressing the standards set forth in 9.B.ii above.

Only pages containing redacted material are filed under seal.

If any material is redacted from a publicly filed document, only those pages containing the redacted material will be filed under seal.

Certain sensitive information must be redacted without court approval.

Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.

Two categories of information can be redacted without court approval: sensitive and caution categories.

There are two categories of information that may be redacted from public court filings without prior permission from the Court: 'sensitive information' and information requiring 'caution.'

All redactions not in permitted categories require court approval.

Except for redactions permitted by the previous paragraph, all redactions or sealing of public court filings require Court approval.

Redacted documents require public letter motion explaining redactions

Any party seeking to file a document with partial redactions should file on ECF a letter motion seeking leave to file the document with those redactions. The letter motion must be filed in public view, must explain the purpose of the redactions and why the redactions are consistent with the standards discussed in Rule 9(B) above, and should not include the confidential information sought to be redacted.

Publicly file redacted document and under seal file unredacted version with highlights

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed on ECF and related to the motion.

Replace sealed exhibits with single page marked 'SEALED'

Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit.

Sealed entire documents require public letter motion with explanation

Any party seeking leave to file under seal an entire submission (with or without exhibits) should file on ECF a letter motion seeking leave to file the document under seal. The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.

Sealed documents must be filed under seal on ECF and related to motion

The proposed sealed document must be contemporaneously filed under seal on ECF and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

Request leave to file sealed documents on paper if unable to use ECF

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Sealed filings must comply with ECF Rules and Instructions.

Any Party wishing to file any document under seal must generally comply with the sealed filing instructions in the ECF Rules and Instructions. The Court will not file any documents not submitted in compliance with these rules.

Motions for sealed filings must be filed electronically.

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases must be filed electronically through the court’s ECF system.

Motions to seal must be filed publicly and explain reasons without confidential info.

The motion to seal must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.

Redacted documents must be contemporaneously filed publicly in ECF.

Where the motion to seal seeks permission to redact information from a document, the filing party shall contemporaneously file the redacted document in public view in the ECF system.

Parties unable to file electronically must move for leave to file traditionally.

Any Party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Motions for sealed filings must be filed electronically per standing order 19-mc-00583.

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases may be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.

Motions to seal must be filed publicly and explain reasons without confidential info.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.

Sealed documents must be contemporaneously filed under seal and related to motion.

When using the electronic method, the proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.

Summary docket text must be public and exclude confidential information.

The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

For redactions, file public redacted version and sealed unredacted version with highlights.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted.

Unredacted documents must be filed under seal on paper if sealing application is granted

If the application is granted, the unredacted document must be filed under seal in the traditional manner, on paper, in conformity with the sealed records filing procedures available at https://nysd.uscourts.gov/programs/records/sealed.

Sealed filings must comply with ECF Rules and Instructions; Court will not file non-compliant documents.

Any Party wishing to file any document under seal must generally comply with the sealed filing instructions in the ECF Rules and Instructions. The Court will not file any documents not submitted in compliance with these rules. Parties may choose to use either the electronic filing method or traditional filing method, both of which are described below.

Parties unable to file electronically under seal must move for leave to file traditionally on paper.

Any Party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Motions for sealed/redacted filings must be filed electronically via ECF.

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases may be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.

Sealed filing motions must be public, explain reasons, and supporting papers filed electronically under seal or redacted.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Sealed documents must be filed under seal in ECF and related to motion; docket text must be public and non-confidential.

When using the electronic method, the proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

For redactions in public filings, file redacted version publicly and unredacted version under seal with highlights.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Motions for sealed/redacted filings must be filed electronically via ECF.

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases must be filed electronically through the court’s ECF system.

Sealed filing motions must be public, explain reasons, and supporting papers filed electronically under seal or redacted.

The motion to seal must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Redacted documents must be filed publicly in ECF when seeking permission to redact.

Where the motion to seal seeks permission to redact information from a document, the filing party shall contemporaneously file the redacted document in public view in the ECF system.

Unredacted documents must be filed under seal on paper if application is granted.

If the application is granted, the unredacted document must be filed under seal in the traditional manner, on paper, in conformity with the sealed records filing procedures available at https://nysd.uscourts.gov/programs/records/sealed.

Sealed or confidential letters may be emailed as PDF attachments.

Letters to be filed under seal or containing sensitive or confidential information may be emailed as a text-searchable .pdf attachment to the Court (LimanNYSDChambers@nysd.uscourts.gov) with a copy simultaneously delivered to all counsel.

All redactions except those under FRCP 5.2 require court approval.

All redactions other than those under Federal Rule of Civil Procedure 5.2 require Court approval. The Court will review each proposed redaction individually.

Letter-motions for sealed filings must be filed electronically through ECF.

Letter-motions for approval of redacted or sealed filings and the subject documents, including the proposed sealed document(s), must be filed electronically through ECF in conformity with the Court's standing order, 19-mc-00583, and S.D.N.Y. Electronic Case Filing Rules and Instructions, Section 6.

Letter-motion must explain reasons for redactions/sealing without including confidential info.

File a letter-motion in public view, explaining the particular reasons for seeking to file the document with redactions or under seal. A separate explanation must be provided for each and every portion of the document sought to be redacted (or for why the document in full should be maintained under seal). The letter-motion should not include confidential information sought to be redacted or filed under seal.

File sealed document with redacted text highlighted, relate to letter-motion, keep docket summary public.

File the document under seal with the text sought to be redacted highlighted and visible (or otherwise prominently marked so that it is clear what is sought to be redacted). Electronically relate the sealed document to the letter-motion. The summary docket text will be open to public inspection and should not include confidential information sought to be redacted or filed under seal. The sealed document itself will not be viewable by the public.

File redacted version on public docket, use placeholder if filing completely under seal.

File the document on the public docket with the confidential information redacted. If seeking to file the document completely under seal because there is a valid basis to overcome the presumption in favor of public access for the entire document, file a placeholder. Electronically relate the document to the letter-motion.

Letter-motion must indicate confidential information from another party and may request 1-week delay.

If a party seeks to file a document with redactions or under seal because the document contains information marked confidential by another party, the letter-motion filed in Step 1 must so indicate and may request that the Court not rule on the letter-motion for one week.

Filing party must meet and confer with producing party; if producing party doesn't object, filing party must inform court within 1 week.

The filing party must meet and confer with the party who produced the confidential information (the “Producing Party”). If the Producing Party does not seek to keep that information redacted or under seal, the filing party must so inform the Court by letter to be filed within one week of the letter-motion.

Producing party must file letter-motion in public and under seal within 1 week, with redacted and highlighted versions.

If the Producing Party seeks continued redaction or sealing of any materials, the Producing Party shall within one week: i. File a letter-motion in public view, explaining the particular reasons for seeking to keep the document with redactions or under seal, and attach as an exhibit the document with the confidential information redacted. ii. File the same letter under seal and attach as an exhibit the document with the requested redactions highlighted and visible (or otherwise prominently marked so that it is clear what is sought to be redacted).

Failure to file letter within 1 week constitutes grounds for unsealing.

Failure by the Producing Party to file a letter within one week will constitute grounds for unsealing.

Filing party must re-file document with redactions consistent with producing party's proposal if approved.

If the Court approves the Producing Party’s redactions, the filing party will be ordered to re-file the document with redactions consistent with those proposed by the Producing Party.

Parties must move for leave to file by other means if unable to comply with ECF sealing requirements.

Any party unable to comply with the requirements for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file by other means.

Sensitive information (SSN, minor names, DOB, account numbers) must be redacted without court approval.

Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers.

Sealed/redacted filing motions must be filed electronically via ECF per standing order 19-mc-00583.

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court's ECF system in conformity with the court's standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.

Proposed sealed documents must be contemporaneously filed under seal and electronically related to motion.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.

Redaction requests require public filing with proposed redactions and sealed filing of unredacted version with highlights.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Certain sensitive information must be redacted without prior court approval per FRCP 5.2.

Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers.

Motions to seal must be public, explain reasons, and not include the confidential information itself.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Sealed documents must be filed under seal in ECF and linked to the motion.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.

For redaction motions, file redacted version publicly and unredacted version under seal with highlights via ECF.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Sealed/redacted documents must be submitted by hand delivery or email to chambers

The proposed sealed/redacted document, a copy of the motion to seal, and any supporting papers must be contemporaneously submitted to the Court by hand delivery or emailed to chambers (outside the ECF system) at PreskaNYSDChambers@nysd.uscourts.gov

Motion to seal must be filed publicly with reasons, without confidential info

The motion to seal must be filed in public view, must explain the particular reasons for seeking to file that information under seal, and should not include confidential information sought to be filed under seal.

Redacted documents must be filed in public view on ECF system

Where the motion to seal seeks permission to redact information from a document, the filing party shall contemporaneously file the redacted document in public view in the ECF system.

Supporting papers must be filed electronically, may be sealed/redacted as needed

Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Redacted pages must be filed under seal; send redacted copy to chambers and hand up at sentencing.

If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal. A copy of the redacted material should be sent to chambers and also an additional copy should be handed up at the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials.

Application required for redactions beyond 11 Privacy Policy categories.

If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so shall be served and filed at the time the sentencing submission is served. The application should clearly identify the redaction and explain the reasons for the redaction.

Protective order restrictions apply to confidential information in discovery responses.

It is hereby ordered by the Court that the following restrictions and procedures shall apply to certain information, documents and excerpts from documents supplied by the parties to each other in response to discovery requests:

Sealing/redaction requiring court approval

3. Sealing/Redaction Requiring Court Approval .....................................................4

Redacted filings under seal require letter to Chambers with highlighted proposed redactions; hard copy if over 25 pages.

Except as provided in Section I.6 below regarding sentencing letters, any party wishing to file in redacted form any document under seal, or any portion thereof, shall email a letter to Chambers explaining the reasons for seeking to file under seal. The party shall attach to its letter one full set of the relevant page(s) or document(s) in highlighted form (i.e., with the proposed redactions highlighted). If the submission exceeds 25 pages, it shall be delivered in hard copy by hand as provided in Section C.6 above.

Counsel may designate documents and information as confidential in good faith.

Counsel for any party may designate any document, information contained in a document, information revealed in an interrogatory response or information revealed during a deposition as confidential if counsel determines, in good faith, that such designation is necessary to protect the interests of the client.

Confidential information may only be disclosed to requesting party and counsel.

Information or documents designated as “confidential” shall not be disclosed to any person, except: a. The requesting party and counsel, including in-house counsel;

Consultants/experts and witnesses must sign confidentiality agreement before accessing confidential information.

The Confidential Information may be displayed to and discussed with the persons identified in Paragraphs 4(c) and (d) only on the condition that prior to any such display or discussion, each such person shall be asked to sign an agreement to be bound by this Order in the form attached hereto as Exhibit A. In the event such person refuses to sign an agreement in the form attached as Exhibit A, the party desiring to disclose the Confidential Information may seek appropriate relief from the Court.

Confidential information must be returned or destroyed within 30 days after final judgment.

At the conclusion of litigation, the Confidential Information and any copies thereof shall be promptly (and in no event later than thirty (30) days after entry of final judgment no longer subject to further appeal) returned to the producing party or certified as destroyed, except that the parties’ counsel shall be permitted to retain their working files on the condition that those files will remain confidential.

Documents containing confidential information must be filed under seal with court permission.

this Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law (including without limitation any applicable rules of court) and kept under seal until further order of the Court. To the extent the Court requires any further act by the parties as a precondition to the filing of documents under seal (beyond the submission of this Stipulation and Order Regarding Confidential Information), it shall be the obligation of the producing party of the documents to be filed with the Court to satisfy any such precondition. Where possible, only confidential portions of filings with the Court shall be filed under seal.

Sealed/redacted filings require electronic motion under seal

Motions or Letter Motions for approval of sealed or redacted filings and the subject documents, including the proposed sealed document(s), must be filed electronically through the Court’s ECF system in conformity with the Southern District’s standing order, 21-mc-13, available here, and § 6 of the SDNY ECF Rules & Instructions, available here.

Proposed sealed document must be filed under seal and related to motion

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.

Redacted pages from sentencing documents must be filed under seal

6. Redactions Related to Sentencing. If any material is redacted from a publicly filed document relating to sentencing, only those pages containing the redacted material will be filed under seal. Counsel shall bring to the sentencing proceeding a copy of the pages containing redactions, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal.

Redactions beyond specified categories require court approval and email to chambers

(b) Redactions Requiring Court Approval. If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application filed at the time the sentencing submission is served. The application shall clearly identify the redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding. The party shall email an unredacted copy of the filing to Schofield_NYSDChambers@nysd.uscourts.gov.

Supporting papers for sealing must be filed electronically and may be sealed/redacted only as necessary.

the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Sealed documents must be filed under seal in ECF and related to the motion; docket text must not contain confidential information.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

For redaction approval, file redacted version publicly and unredacted version under seal with highlights.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Redaction and sealing procedures for documents

Redactions and Filing Under Seal. .................................................................................. 3

Redactions not covered in Rule I(D)(1) require court permission

Other than redactions referenced in Rule I(D)(1), supra, any party wishing to file a submission in redacted form or under seal must request permission to do so. Unless delayed docketing is requested, the requesting party shall proceed as outlined in Rules I(D)(3) and I(D)(4), infra.

Meet and confer with adversary before requesting court permission to redact or seal

Prior to requesting the Court’s permission to redact or seal, the requesting party shall meet and confer with their adversary in a good-faith effort to narrow the need for redactions or sealing and to secure consent, if possible.

Redaction requests require letter-motion with specific content and dual filing (public redacted + sealed unredacted with highlights).

Where a party seeks leave to file a document with redactions, the party shall file a letter-motion on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion shall (1) request the redactions; (2) indicate whether the party’s adversary consents to the redactions and, if the adversary does not consent, describe the basis for objection; (3) describe the efforts to meet and confer; and (4) explain why redactions are appropriate in light of the presumption of public access to the federal courts. The letter-motion shall be filed in public view and should not include confidential information. At the same time, the party shall (1) publicly file on ECF and electronically relate to the letter-motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.

Sealed document requests require letter-motion with specific content and contemporaneous sealed filing.

Where a party seeks leave to file a document in sealed form, the party shall file a letter-motion on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion shall (1) request the sealing; (2) indicate whether the party’s adversary consents to the sealing and, if the adversary does not consent, describe the basis for objection; (3) describe the efforts to meet and confer; and (4) explain why sealing is appropriate in light of the presumption of public access to the federal courts. The letter-motion shall be filed in public view and should not include confidential information. The proposed sealed document shall be contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order, if the Court previously granted leave to file the document under seal). Note that the summary docket text, but not the document itself, will be open to public inspection and, thus, should not include confidential information sought to be filed under seal.

Criminal cases: Redacted documents require simultaneous ECF filing, letter-motion, and email to Chambers.

The party shall file the redacted version of the document on ECF and shall simultaneously file a letter-motion seeking leave to file the document with those redactions and email Chambers, in accordance with Rule I(D)(4)(iv)–(v), infra.

Criminal cases: Sealed exhibits require single-page placeholder on ECF, letter-motion, and email to Chambers.

Any party seeking leave to file a fully sealed exhibit attached to an unsealed or redacted document shall file the main document (in accordance with Rule I(D)(4)(i), supra, if the party is seeking redactions to the main document) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit. The party shall simultaneously file a letter-motion on ECF requesting leave to file in that manner and email the submission and letter-motion to Chambers in accordance with Rule I(D)(4)(iv)–(v), infra.

Criminal cases: Entire sealed submissions require email to Chambers with letter-motion explaining sealing purpose.

Any party seeking to file under seal an entire submission (with or without exhibits) shall not file anything on ECF in the first instance and shall email the submission and a letter-motion to Chambers. The letter-motion must explain the purpose of the sealing and why sealing is appropriate in light of the presumption of public access. If the party believes that the letter-motion itself should be sealed or redacted, the letter-motion should so state and should provide the justification therefor.

Unredacted courtesy copies must be provided for sealed/redacted filings, with redacted portions highlighted.

If the parties have redacted or filed under seal any portion of the motion papers or attendant exhibits, courtesy copies are to be unredacted, but the portions redacted from public filings should be highlighted so that the Court will know to refrain from quoting those passages in opinions and orders.

Sealed/redacted filings in civil cases must be filed electronically through ECF with motion for approval.

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the Court’s ECF system

Motions to seal must be filed publicly with explanation, supporting papers filed separately under seal or redacted.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal (including why the redactions are consistent with the standards discussed in Paragraph 9(B) above), and should not include the confidential information sought to be filed under seal or redacted. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be redacted.

Sealed documents must be filed under seal in ECF and related to the motion; docket text remains public.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

For redactions in public filings, file redacted version publicly and unredacted version under seal with highlights.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed on ECF and related to the motion.

Parties unable to file under seal electronically must seek leave to file on paper.

Any party unable to comply with the requirements for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Motions for sealed/redacted filings must follow specific court procedures and standing order.

Sealing/Redactions Requiring Court Approval. Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the Court’s ECF system in conformity with the Court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.

Sensitive information (SSN, minor children names, DOBs, account numbers, home addresses) must be redacted unless necessary.

Parties may not, unless necessary, include the five categories of 'sensitive information' in their submissions (i.e., social security numbers, names of minor children [use the initials only], dates of birth [use the year only], financial account numbers, and home addresses [use only the City and State]).

Parties must comply with ECF Privacy Policy for document submissions.

Regarding document submissions, the parties must comply with the E-Government Act of 2002 and the Southern District's ECF Rules & Instructions, Section 21, Privacy and Public Access to ECF Cases ('ECF Privacy Policy').

Sensitive information categories must be redacted unless necessary.

Parties may not, unless necessary, include the five categories of 'sensitive information' in their submissions (i.e., social security numbers, names of minor children [use the initials only], dates of birth [use the year only], financial account numbers, and home addresses [use only the City and State]).

Redacted pages containing sensitive information must be filed under seal.

Parties may redact the above five categories of 'sensitive information' and the six categories of information requiring caution (i.e., personal identifying number; medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; and information regarding an individual's cooperation with the government) as described in the ECF Privacy Policy, without application to the Court. If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal.

Applications required for redactions beyond ECF Privacy Policy categories.

If a party redacts information beyond the eleven categories of information identified in the ECF Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served. The application should clearly identify the redaction and explain the reasons for the redaction.

Documents cannot be filed under seal without court order; must include affidavit and legal memorandum addressing sealing standards and Lugosch v. Pyramid Co.

Notwithstanding any other provision, no document may be filed with the Clerk under seal without a further Order of this Court addressing the specific documents or portions of documents to be sealed. Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing the applicability of Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-120 (2d Cir. 2006) and any other controlling authority.

Sealed/redacted filings must be filed electronically through ECF system following court's standing order and ECF rules.

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the Court’s Standing Order, 19-mc-00583, and ECF Rules & Instructions, section 6.

Motion for sealing must be filed publicly with reasons; supporting papers may be filed under seal/redacted as needed.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Proposed sealed document must be contemporaneously filed under seal in ECF and related to motion; summary docket text remains public.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

For redactions in publicly filed documents: file redacted version publicly and unredacted version under seal with highlights, both electronically related to motion.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Sensitive information (SSN, minors' names, DOBs, account numbers, addresses) must be redacted in sentencing submissions.

In this regard, the parties are referred to E-Government Act of 2002 and the Southern District’s ECF Privacy Policy (“Privacy Policy”) and reminded not, unless necessary, to include the five categories of “sensitive information” in their submissions (i.e., social security numbers, names of minor children [use the initials only], dates of birth [use the year only], financial account numbers, and home addresses [use only the City and State]).

Pages with redacted material must be filed under seal and brought to sentencing.

If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal. Bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal.

Redactions beyond 11 Privacy Policy categories require court application.

If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served. The application should clearly identify the redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding.

Sealed/redacted filings require electronic filing through ECF system per standing order 19-mc-00583

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.

Proposed sealed documents must be contemporaneously filed under seal in ECF and related to motion

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

Sealed/redacted filings require paper submission to Court and email to chambers

The proposed sealed/redacted document, a copy of the motion to seal and any supporting papers must be contemporaneously submitted to the Court in paper form, by hand delivery or mail. Digital copies of these documents must also be emailed to chambers (outside the ECF system) at David_C_Gonzalez@nysd.uscourts.gov.

Sealed or confidential letters may be emailed as PDF attachments with copies to all counsel, with specific subject line requirements.

Any letter to be filed under seal or containing sensitive or confidential information may be emailed as a text-searchable PDF attachment to the Court with a copy simultaneously delivered to all counsel (unless the submission is being made ex parte). Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties shall not include substantive communications in the body of the email; such communications shall be included only in the letter itself.

Two categories of information can be redacted without court approval: sensitive information and information requiring caution.

There are two categories of information that may be redacted from public court filings without prior permission from the Court: 'sensitive information' and information requiring 'caution.'

Sensitive information (SSN, minor names, DOB, account numbers, addresses) can be partially redacted without court approval.

Parties should not include in their public filings, unless necessary, the five categories of 'sensitive information' (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]).

Six categories of information requiring caution can be redacted without court approval.

Parties may also, without prior Court approval, redact from their public filings the six categories of information requiring caution described in the Privacy Policy (i.e., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual's cooperation with the government).

All redactions/sealing except specified categories require court approval.

Except for redactions permitted by the previous Paragraph, all redactions or sealing of public court filings require Court approval.

File redacted document version on ECF.

The party should file the redacted version of the document on ECF.

File letter-motion on ECF seeking leave for redactions requiring court approval.

If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a letter-motion seeking leave to file the document with those redactions.

When filing redacted documents, email unredacted copies and highlighted versions to Chambers

At the same time, the party should email to Chambers: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion seeking leave to file should the party also be seeking leave to file that letter-motion with redactions or under seal.

Replace sealed exhibits with a single 'SEALED' page when filing main document on ECF

Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit.

For entirely sealed documents, email unredacted copy to Chambers with letter-motion seeking leave to seal

Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should email an unredacted copy of the submission to Chambers and should include as an attachment to the email a letter-motion seeking leave to file the document under seal.

Sealed or confidential letters must follow specific ECF procedures.

Letters to be filed under seal or containing sensitive or confidential information must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-MC-00583, and ECF Rules & Instructions, section 6.

Court approval required for sealing/redactions not covered by Paragraph 4.B.1.

Except for those permitted by Paragraph 4.B.1, all sealing and redactions require Court approval. To be approved, redactions must be narrowly tailored to serve whatever purpose justifies them and otherwise consistent with the presumption in favor of public access to judicial documents.

File sealed/redacted motions electronically through ECF.

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-MC-00583, and ECF Rules & Instructions, section 6.

Sealed motion must be filed publicly with explanation.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.

File redacted document publicly and unredacted copy under seal.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted.

Sealed letters or those with sensitive/confidential info must be e-filed via ECF per standing order 19-MC-00583 and ECF Rules section 6.

Letters to be filed under seal or containing sensitive or confidential information must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-MC-00583, and ECF Rules & Instructions, section 6.

Adjournment/extension requests with sensitive info must be e-filed via ECF per standing order 19-MC-00583 and ECF Rules §6.

If the request contains sensitive or confidential information, it may be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-MC-00583, and ECF Rules & Instructions, section 6.

Parties must not include sensitive personal information unless necessary, and may redact specified categories without court approval.

The parties are referred to Federal Rule of Civil Procedure 5.2, the E-Government Act of 2002, and the Southern District’s ECF Privacy Policy (“Privacy Policy”) and reminded not to include, unless necessary, the five categories of “sensitive information” in their submissions (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]). Parties may redact the five categories of “sensitive information” and the six categories of information requiring caution (i.e., personal identifying number, medical records (including information regarding treatment and diagnosis), employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government), as described in the Privacy Policy, without Court approval.

All sealing or redactions not covered by B.1 require court approval and must be narrowly tailored to justify secrecy.

Except for those permitted by Paragraph 4.B.1, all sealing and redactions require Court approval. To be approved, redactions must be narrowly tailored to serve whatever purpose justifies them and otherwise consistent with the presumption in favor of public access to judicial documents.

Sealed documents must be filed under seal in ECF and related to the motion; public docket text must not include confidential information.

redacted only to the extent necessary to safeguard information sought to be filed under seal. The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

For motions to redact public documents: file redacted version publicly, file unredacted version under seal on ECF, both related to the motion.

ii. Redacted Document(s). Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Provide sealing order and supporting documents to Chambers; continued sealing requires particularized allegations.

In cases where the Part I judge has issued a sealing order, the plaintiff should provide Chambers with a copy of the sealing order and copies of any documents it submitted in support of the sealing request. Requests for continued sealing must be supported by particularized allegations justifying such relief, such as allegations suggesting that the named defendant is likely to abscond from the District with attachable assets absent a sealing order.

Certain sensitive information must be redacted without court approval.

Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers.

Sealed filing motions must be filed electronically via ECF.

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.

Sealed filing motions must be filed publicly with reasons.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.

Motions to compel production of inadvertently disclosed information must be filed under seal and may not rely on the fact of inadvertent production as a ground.

The receiving party may move the Court for an Order compelling production of the Inadvertently Disclosed Information. The motion shall be filed under seal, and shall not assert as a ground for entering such an Order the fact or circumstances of the inadvertent production.

Parties filing documents under seal must simultaneously file a letter brief and supporting declaration justifying continued sealing on a particularized basis.

In accordance with Rule 5 of this Court’s Individual Practices, any party filing documents under seal must simultaneously file with the Court a letter brief and supporting declaration justifying – on a particularized basis – the continued sealing of such documents.

Parties must publicly file a redacted copy of Confidential Court Submissions via ECF and file the unredacted copy under seal with the Clerk.

In filing Confidential Discovery Material with this Court, or filing portions of any pleadings, motions, or other papers that disclose such Confidential Discovery Material (“Confidential Court Submission”), the Parties shall publicly file a redacted copy of the Confidential Court Submission via the Electronic Case Filing System. The Parties shall file an unredacted copy of the Confidential Court Submission under seal with the Clerk of this Court, and the Parties shall serve this Court and opposing counsel with unredacted courtesy copies of the Confidential Court Submission.

Certain sensitive information (SSN, minor children names, DOBs, financial account numbers) must be redacted without court approval per FRCP 5.2.

Sealing/Redactions Not Requiring Court Approval. Fed. R. Civ. P. 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers.

Motions for approval of sealed/redacted filings must be filed electronically through ECF system per standing order 19-mc-00583 and ECF Rules sections 6 and 21.

Sealing/Redaction Requiring Court Approval. Motions or letter-motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court's ECF system in conformity with the court's standing order, 19-mc-00583, and ECF Rules & Instructions, sections 6 and 21.

Proposed sealed document must be contemporaneously filed under seal in ECF and electronically related to motion; summary docket text public but must exclude confidential information.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

Redacted documents must be publicly filed with proposed redactions and unredacted version filed under seal with highlights

publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Motion required for leave to file sealed documents on paper instead of ECF

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper. In that case, paper copies shall be served contemporaneously upon all other parties.

Certain sensitive information must be redacted without court approval under FRCP 5.2.

A. Filing Under Seal in Civil and Miscellaneous Cases 1. Sealing/Redactions Not Requiring Court Approval. Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.

Sealed filings require court approval and must follow specific procedures.

2. Sealing/Redaction Requiring Court Approval. Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.

No documents may be filed under seal without prior court authorization.

1. No pleadings, motions, or other documents may be filed under seal without prior authorization from the Court. When specifically authorized, counsel may email to bermannysdchambers@nysd.uscourts.gov an unredacted submission with a request to file under seal. If authorized to file under seal, counsel shall thereafter file a redacted version on the public docket.

Redaction/sealing applications must be filed with sentencing memorandum; redacted version on ECF, unredacted to Chambers.

If a party seeks to redact or seal information (beyond the (eleven) categories of information identified in the Southern District of New York’s ECF Privacy Policy), an application to do so must be served and filed with the Court at the time the sentencing memorandum is served. The application should clearly identify the proposed redaction and explain the reasons for the redaction or sealing and state whether opposing counsel agrees to the redaction or sealing. The redacted version must be filed on ECF. The unredacted version shall be submitted to Chambers for the Court’s determination as to whether sealing of such document is appropriate.

Service of sealed documents must be done outside ECF with proof of service filed in ECF

Service must now be accomplished outside of ECF by other appropriate means as provided by the applicable Federal Rules of Procedure. Service of filed documents outside the ECF system must always be followed by the filing of proof of service in the ECF system.

Sealed court orders must be served by first-class mail or other secure means approved by judge

Sealed court orders will be served by first-class mail or other secure means approved by the issuing judge.

Sealed documents cannot be served via CM/ECF; must use other appropriate means.

Service of Sealed Documents Filed in CM/ECF – Because sealed documents filed in CM/ECF are no longer electronically accessible or viewable by non-court users, service of those documents can no longer be accomplished through CM/ECF. Parties must serve sealed documents by other appropriate means consistent with the applicable Federal Rules of Procedure.

Sealed orders must be served in paper form by first-class mail or other secure means.

Sealed orders of the court will be served in paper form by first-class mail or other secure means approved by the issuing judge.

Sealed/sensitive letters may be emailed as PDF with copies to all counsel.

Letters to be filed under seal or containing sensitive or confidential information may be emailed as a .pdf attachment to Abrams_NYSDChambers@nysd.uscourts.gov with a copy simultaneously delivered to all counsel.

Two categories of information may be redacted without court approval: sensitive information and information requiring caution

There are two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.”

All redactions or sealing of public court filings require court approval except for permitted categories

Except for redactions permitted by the previous Paragraph, all redactions or sealing of public court filings require Court approval.

Meet and confer with opposing parties/third parties before seeking to file sealed/redacted materials

The party seeking leave to file sealed or redacted materials should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) in advance to narrow the scope of the request.

File letter-motion seeking leave to file document under seal on ECF following Standing Order 19-MC-583

The party shall electronically file a letter-motion seeking leave to file a document under seal on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions.

Motions for sealed/redacted filings must be filed electronically with specific requirements.

B. Sealing/Redaction Requiring Court Approval. Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the Court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.

Motions for sealed filings must be public and explain reasons; supporting papers filed separately.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Sealed documents must be filed under seal and related to the motion; docket text remains public.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

For redacted public filings, file redacted version publicly and unredacted version under seal.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

File letter motion requesting sealing/redaction in public view on ECF.

File, in public view on ECF, the letter motion requesting sealing or redaction.

Permission required to file redacted or sealed submissions.

Any party wishing to file a submission in redacted form or under seal must request permission to do so.

Rule 5.2(a) redactions don't need court approval but require filing unredacted version under seal or emailing to chambers.

Redactions made pursuant to Federal Rule of Civil Procedure 5.2(a) do not require Court approval, but the parties must either file the unredacted document(s) under seal on ECF or email the unredacted document(s) to Chambers, at CaproniNYSDChambers@nysd.uscourts.gov.

Documents in sealed cases or previously ordered sealed documents must be filed under seal on ECF with courtesy copy to chambers if over 20 pages.

If a case is entirely under seal or if the Court previously ordered that certain documents be filed under seal or with specific redactions, a party need not again request permission to file under seal. The party must file any such document electronically on ECF, under seal, and provide, via mail or hand-delivery, a courtesy copy to Chambers if the document exceeds 20 pages.

Non-Rule 5.2(a) redactions/sealing require letter motion explaining why sealing is appropriate under Lugosch presumption of access.

Any party seeking to file any pleading, motion, memorandum, exhibit, or other document, or any portion thereof, in redacted form or under seal for reasons other than Rule 5.2(a) of the Federal Rules of Civil Procedure must file a letter motion requesting permission from the Court to do so. The letter must explain why sealing is appropriate in light of the presumption of access discussed by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119–20 (2d Cir. 2006).

File supporting papers as separate ECF entry, may be under seal/redacted only as necessary.

File, as a separate entry on ECF, any papers in support of the letter motion. Supporting papers may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

File subject documents under seal on ECF with redactions highlighted; mark as related to letter motion; docket text must not reveal sealed info.

File, under seal on ECF, the documents that are the subject of the sealing or redaction request. If a party is filing a motion for redactions, the proposed redactions must be highlighted in the unredacted document(s) filed under seal. The sealed documents must also be marked in the ECF system as related to the letter motion. Note: the summary docket text associated with the sealed document will be visible to the public and should not include any information sought to be filed under seal.

File redacted versions of documents in public view on ECF.

File, in public view on ECF, the redacted versions of any documents that are the subject of a motion to redact.

Non-electronic sealing requires explanation of why ECF sealing cannot be used

Any party seeking to seal or redact a document without filing the relevant documents on ECF must explain in the party’s letter motion requesting sealing or redactions why the party is unable or unwilling to use electronic sealing on ECF.

Non-electronic sealed documents must be emailed to Chambers; non-sensitive documents must also be filed on ECF

The moving party must also: a. Follow the instructions for Electronic Filing (Rule 5(B)), except that any documents that would otherwise be filed under seal on ECF must be emailed to Chambers (CaproniNYSDChambers@nysd.uscourts.gov). The party may transmit documents as attachments or via a link to a drop box from which the Court may download the documents. Any documents that do not contain sensitive information must be electronically filed on ECF, in addition to being emailed to Chambers. Unless a party seeks to file a redacted or sealed document ex parte, opposing counsel must be copied on to all communications with the Court.

Approved non-electronic sealed filings must be submitted to Sealed Records Department with order, unredacted copies, and PDF CD

If the request to file under seal or in redacted form using non-electronic filing is approved, the party that made the request must: a. File with the Sealed Records Department: 1 (1) a copy of the Court’s order granting the redaction/sealing request; (2) an unredacted copy of the document(s) that were the subject of the redaction/sealing request; and (3) a CD containing electronic copies, in PDF format, of the unredacted document(s) that were the subject of the redaction/sealing request.

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

File the redacted version of the document on ECF, unless the party seeks to file the entire document under seal;

Unredacted copy must be emailed to Chambers; courtesy copy if over 20 pages.

Email to Chambers a copy of the document that the party seeks to redact or to file under seal and, if the document exceeds 20 pages, deliver to Chambers a courtesy copy (following Rule 2.B above).

Redacted information must be highlighted in unredacted copy.

Information to be redacted must be highlighted.

Sealed or confidential letters may be emailed as PDF with all counsel copied.

Letters to be filed under seal or containing sensitive or confidential information may be emailed to the Court at BroderickNYSDChambers@nysd.uscourts.gov as a .pdf attachment. All counsel must be copied on the email.

Sealed/redacted filings must follow standing order 19-mc-00583 and ECF Rules. Letter motions ≤5 pages may be faxed to Chambers; >5 pages must be mailed or hand delivered.

Motions or letter motions for approval of sealed or redacted filings in civil and miscellaneous cases, and the subject documents, including the proposed sealed document(s), must be filed either by hard copy or electronically through the court’s ECF system in conformity with standing order 19-mc-00583 and ECF Rules & Instructions, section 6. Hard copy letter motions for approval of sealed or redacted filings may be faxed to Chambers if no more than five pages in total and must be mailed or hand delivered to the Court if greater than five pages.

Requesting party must identify all parties who should have access to sealed/unredacted versions of proposed filings.

The party requesting approval of a sealed or redacted filing must identify all parties and/or other case participants that the party believes should be granted access to the sealed or unredacted versions of the proposed filings.

Sensitive personal information (SSN, minor names, DOB, financial account numbers) must be redacted without court approval per Fed. R. Civ. P. 5.2.

Fed. R. Civ. P. 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court. Such sensitive information includes: Social Security numbers; names of minor children; dates of birth; and financial account numbers.

Sealing motions must be public, explain reasons, omit confidential info; supporting papers may be sealed/redacted as needed.

The motion must be filed in public view, must explain the reasons for seeking to file that information under seal, and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Proposed sealed documents must be filed contemporaneously under seal on ECF, related to the motion; docket text is public.

The proposed sealed document must be contemporaneously filed, under seal, in the ECF system, as electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

Redaction requests require public filing of redacted document and sealed unredacted copy with highlighted redactions, both on ECF related to motion.

When the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (i) publicly file the document with the proposed redactions; and (ii) electronically file, under seal, a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and be related to the motion.

Parties seeking to file sealed or redacted materials must meet and confer with opposing parties in advance, and redaction/sealing must be tailored to the justifying purpose consistent with public access presumptions.

The party seeking leave to file sealed or redacted materials should meet and confer with any opposing parties (or third parties seeking confidential treatment of the information, if any) in advance to narrow the scope of the request. Redaction or sealing must be tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents. In general, the parties’ consent or the fact that information is subject to a confidentiality agreement between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents.

Parties must avoid including sensitive info unless necessary, may redact specified categories without application, must file redacted pages under seal at sentencing, and need approval for redactions beyond 11 categories.

In this regard, the parties are referred to E-Government Act of 2002 and the SDNY Electronic Case Filing Rules & Instructions, Section 21, Privacy and Public Access to ECF cases, (“Privacy Policy”) and reminded not, unless necessary, to include the 5 categories of “sensitive information” in their submissions (i.e., social security numbers; names of minor children [use the initials only]; dates of birth [use the year only]; financial account numbers; and home addresses [use only the city and state]). Parties may redact the 5 categories of “sensitive information” and the 6 categories of information requiring caution (i.e., personal identifying numbers; medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; and information regarding an individual’s cooperation with the government) as described in the Privacy Policy, without application to the Court. If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal. Bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal. If a party redacts information beyond the 11 categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served. The application will be addressed at the sentencing proceeding.

Sealed letters in civil/miscellaneous cases must follow Paragraph 3 procedures.

In civil and miscellaneous cases, letters to be filed under seal or containing sensitive or confidential information shall be filed in accordance with Paragraph 3 below regarding Electronic Filing Under Seal in Civil and Miscellaneous Cases.

Sealed/redacted filings require electronic filing through ECF with motion.

Motions or letter motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the ECF system in conformity with the Court’s standing order, 19-mc-583, and Section 6 of the ECF Rules & Instructions.

Motions to seal must be filed publicly with reasons, excluding confidential info.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal, and should not include confidential information sought to be filed under seal.

Supporting papers must be filed electronically, may be sealed/redacted as needed.

Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Proposed sealed documents must be filed under seal and related to the motion.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.

For redactions, file public version with redactions and sealed unredacted version.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party must: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted.

Sensitive information must be redacted from public filings per FRCP 5.2 without prior court permission.

Rule 5.2 of the Federal Rules of Civil Procedure describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.

Motions for sealed/redacted filings must be submitted through ECF per standing order 19-mc-583.

Motions or letter motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the ECF system in conformity with the Court's standing order, 19-mc-583, and Section 6 of the ECF Rules & Instructions.

Sealed/redacted filings require letter-motion filed electronically on ECF

The letter-motion requesting approval of sealed or redacted filings and the document(s) as to which sealing is requested must be filed electronically on ECF in compliance with standing order No. 19-mc-00583 and § 6 of the SDNY ECF Rules & Instructions.

Letter-motion for sealing must be filed publicly with explanation

The letter-motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal, and should not include any of the confidential information sought to be filed under seal.

Documents to be sealed must be filed under seal and related to letter-motion

The document(s) as to which sealing is requested must be contemporaneously filed under seal on ECF and electronically related to the letter-motion.

Redacted documents must be publicly filed with unredacted version under seal

If the letter-motion seeks approval to redact information from a document that is otherwise to be publicly filed, the filing party shall: (a) publicly file the document in the proposed redacted form, and (b) electronically file under seal a copy of the unredacted document, with the proposed redactions highlighted.

Sealing/redaction must be narrowly tailored and consistent with public access presumption

To be approved, any sealing or redaction of a court filing must be narrowly tailored to serve the purpose that requires the sealing or redaction and must be otherwise consistent with the presumption in favor of public access to judicial documents described in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006).

Opposing parties must respond to sealing/redaction requests via ECF

If a sealing or redaction request is based on another party's designation of documents or information as 'confidential,' or if any party opposes the sealing or redaction request, that other party shall respond to the requesting party's letter-motion via ECF on the schedule set forth above in § 2(e).

Meet and confer required before filing sealed/redacted materials

The party seeking leave to file sealed or redacted materials should meet and confer with any opposing parties (or third parties seeking request. When a party seeks leave to file sealed or redacted materials on the ground that an opposing party or third party has requested it, that party shall notify the opposing party or third party that it must file, within three court days, a letter explaining the need to seal or redact the materials.

Sealing requires court permission sought via letter-motion filed electronically on ECF.

Filing under seal requires permission of the Court, which may be sought via letter-motion. The letter-motion requesting approval of sealed or redacted filings and the document(s) as to which sealing is requested must be filed electronically on ECF in compliance with standing order No. 19-mc-00583 and § 6 of the SDNY ECF Rules & Instructions.

Documents sought to be sealed must be filed contemporaneously under seal on ECF and related to the letter-motion.

The document(s) as to which sealing is requested must be contemporaneously filed under seal on ECF and electronically related to the letter-motion. The summary docket text, but not the sealed document, will be open to public inspection and therefore should not include confidential information sought to be filed under seal.

For redacted documents: file redacted version publicly and unredacted version under seal with highlights.

If the letter-motion seeks approval to redact information from a document that is otherwise to be publicly filed, the filing party shall: (a) publicly file the document in the proposed redacted form, and (b) electronically file under seal a copy of the unredacted document, with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Receiving parties must return/destroy inadvertently disclosed privileged info within 5 business days.

If a disclosing person makes a claim of inadvertent disclosure, all receiving persons shall, within five (5) business days, return or destroy all copies of the Inadvertently Disclosed Information, and provide a certification of counsel that all such information has been returned or destroyed.

Disclosing party must produce privilege log within 5 business days of return/destruction.

Within five (5) business days of the notification that such Inadvertently Disclosed Information has been returned or destroyed, the disclosing person shall produce a privilege log with respect to the Inadvertently Disclosed Information.

Protective order survives termination; confidential materials must be returned or destroyed within 30 days.

This Protective Order shall survive the termination of the litigation. Within 30 days of the final disposition of this action, all Confidential Discovery Material and all copies thereof, shall be promptly returned to the producing person, or, upon permission of the producing person, destroyed.

Confidential information should be separated via redaction when possible.

Where the confidential portion is reasonably separable from the non-confidential portion, via redaction or otherwise, only the confidential portion shall be so designated.

No presumption that confidential discovery materials will be filed under seal; parties must follow individual judge practices for pretrial sealing requests.

Notwithstanding the designation of material as "Confidential" in discovery, there is no presumption that such Confidential Discovery Material will be filed with the Court under seal. The parties shall follow the individual practices of the Magistrate or District Judge to whom they direct pretrial requests for filing under seal.

Motions to compel production of inadvertently disclosed privileged information must be filed under seal.

If a receiving person files a motion to compel production of the Inadvertently Disclosed Information, that motion shall be filed under seal, and shall not assert as a ground for entering such an order the mere fact of the inadvertent production.

Sealed filings require both sealed and redacted versions, with redactions clearly indicated.

The parties are reminded that the filing of any papers or portions of papers under seal is only permitted pursuant to an order of the Court or these Individual Practices. (This does not apply to the sensitive information described in Fed. R. Civ. P. 5.2 which must be redacted and for which no Court order is required). To the extent papers proposed for filing contain material that one or both sides believe should be filed under seal, the party shall (1) file the materials under seal and (2) publicly file the materials in redacted form (that is, in a form that redacts information that is proposed to be sealed). The set of papers filed under seal shall highlight any proposed redactions or otherwise clearly indicate where they occur.

Motion to seal must be filed within 7 days, either by the filing party or the designating party.

At the time of the filing of the redacted and unredacted versions of the materials, the filing party shall either (1) state that the redactions are a result of a Confidentiality Order designation made by another party and that such other party has an obligation to file a motion to seal within 7 days or (2) file a motion to seal (either as a formal motion or as a letter motion) that justifies the proposed sealing by citing case law and providing any factual explanation required to justify the sealing. In cases where the request to seal arises because of an opposing party’s designations, the opposing party has the obligation to make the written application to the Court justifying the proposed sealing and shall make the application within 7 days of the filing.

Sealed filings require both sealed and redacted versions; sensitive info must be redacted.

The parties are reminded that the filing of any papers or portions of papers under seal is only permitted pursuant to an order of the Court or these Individual Practices. (This does not apply to the sensitive information described in Fed. R. Civ. P. 5.2 which must be redacted and for which no Court order is required). To the extent papers proposed for filing contain material that one or both sides believe should be filed under seal, the party shall (1) file the materials under seal and (2) publicly file the materials in redacted form (that is, in a form that redacts information that is proposed to be sealed).

Motion to seal must cite case law and justify sealing within 7 days.

At the time of the filing of the redacted and unredacted versions of the materials, the filing party shall either (1) state that the redactions are a result of a Confidentiality Order designation made by another party and that such other party has an obligation to file a motion to seal within 7 days or (2) file a motion to seal (either as a formal motion or as a letter motion) that justifies the proposed sealing by citing case law and providing any factual explanation required to justify the sealing.

Procedures required for filing documents under seal or with redactions

Unless otherwise ordered, any party wishing to file a document or portion thereof under seal or with redactions must comply with the following procedures on or before the date on which the relevant filing is due.

Sealed or confidential letters must be emailed to chambers as PDF with all counsel copied

Letters to be filed under seal or containing sensitive or confidential information that a party does not wish to appear on the docket should be sent by email to RicardoNYSDChambers@nysd.uscourts.gov as a .pdf attachment with all counsel copied, or the pro se litigant if they are unrepresented.

All redactions or sealing of public court filings require Court approval.

Except for redactions permitted by the previous paragraph, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents.

Three-step process for filing documents with redactions: ECF filing, letter motion, and email to chambers.

Any party seeking to file a document with partial redactions should comply with the following three steps: a. ECF Filing of the Redacted Document(s). The party should file the redacted version of the document on ECF. b. Filing or Emailing of a Letter Motion Seeking Leave to File with Redactions. If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a letter-motion seeking leave to file the document with those redactions. The letter-motion must explain the purpose of the redactions, and why the redactions are consistent with the standards discussed in Paragraph G(2), supra. (The party should endeavor to draft the letter-motion in a form that can be filed publicly on ECF. If, however, the party believes that the letter-motion itself should be sealed or redacted, the party should include an unredacted copy of the letter-motion as an attachment to the email described in Paragraph G(3)(c) below, and, if possible, file a redacted version of the letter-motion on ECF). c. Emailing of Documents to Chambers. At the same time, the party should email to RicardoNYSDChambers@nysd.uscourts.gov, copying all counsel or the pro se litigant if they are unrepresented: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion described in Paragraph G(3)(b), should the party also be seeking leave to file that letter-motion with redactions or under seal.

For sealed exhibits, file main document on ECF with 'SEALED' page replacing exhibit.

Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures described above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit. The party should simultaneously file a letter-motion seeking leave to file in that manner according to the procedure described in Paragraphs G(3)(a–c) supra.

For fully sealed documents, email unredacted copy to chambers with letter-motion seeking leave to seal.

Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should email an unredacted copy of the submission to RicardoNYSDChambers@nysd.uscourts.gov, copying all counsel or the pro se litigant if they are unrepresented, and should include as an attachment to the email a letter-motion with a proposed order (in Word document format) seeking leave to file the document under seal. The letter-motion must explain why sealing is justified in light of the standards discussed in Paragraph G(2) above. If the party believes that the letter-motion itself should be sealed or redacted, the letter-motion should so state and should provide the justification therefor. The Court will include instructions for filing sealed or redacted versions of the document and accompanying letter-motion, if necessary, in any order disposing of the motion to seal.

All redactions or sealing of public court filings require Court approval.

Except for redactions permitted by the previous paragraph, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents.

File clean copy of entire document under seal on ECF, including all attachments.

The party should file a clean copy of the entire document under seal on ECF. This sealed filing should include all attachments to the main document (such as exhibits), even if not every attachment contains material that the party seeks to redact or seal.

File letter motion seeking leave to seal/redact, explaining purpose and legal basis.

If the party is seeking leave of the Court to seal or redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file a letter motion seeking leave to do so. The letter motion must explain the purpose of the redactions, and why the redactions are consistent with the standards discussed in Paragraph G(2), supra, including citations to relevant case law.

Email documents with proposed redactions/highlights and clean letter motion to chambers.

At the same time, the party should email RicardoNYSDChambers@nysd.uscourts.gov, copying all counsel or the pro se litigant if they are unrepresented: (1) a copy of each document with the proposed redactions highlighted or a clean copy if the party seeks to seal the entire document; and (2) a clean copy of the letter motion described in Paragraph G(3)(b).

File public version with approved redactions and sealed pages after Court approval.

If the Court grants the letter motion, thereby approving the proposed sealing or redactions, the party should then file an entirely public version of the documents with the approved redactions or a single page marked 'SEALED' in place of any sealed document. This means there will be two sets of filings on the docket: one clean version under seal and viewable by Court users only, and one public version with the approved redactions and sealed pages.

Sealed/redacted motions must comply with Rule 9.

When leave is sought to file a motion under seal or with redactions, the parties must comply with Rule 9.

Parties may redact sensitive information and information requiring caution without court approval, following specific formatting rules.

Without prior permission from the Court, parties may redact two categories of information from public court filings: “sensitive information,” and information requiring “caution.” Unless necessary, parties should not include in public filings the five categories of “sensitive information” (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use the City and State only]). Without Court approval, parties may also redact from public filings the six categories of information requiring “caution” described in the Privacy Policy (i.e., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the Government).

Redactions or sealing of public court filings require court approval unless permitted by Rule 9.A.

Except for redactions permitted by Rule 9.A, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must otherwise be consistent with the presumption in favor of public access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). In general, the parties’ consent, or the fact that information is subject to a confidentiality agreement between litigants, is not sufficient to overcome the presumption in favor of public access to judicial documents. See, e.g., In re Gen. Motors LLC Ignition Switch Litig., No. 14-MD-2543 (JMF), 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015).

Parties must meet and confer with opposing parties before seeking to file sealed or redacted documents.

Any party seeking to file a document under seal or in redacted form shall proceed as follows: i. Meet and Confer. The party seeking leave to file sealed or redacted materials should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) in advance to narrow the scope of the redaction or sealing request.

Sealed documents require a letter-motion filed in public view, with the sealed document filed separately under seal on ECF.

ii. Sealed Document(s). The party shall electronically file a letter-motion seeking leave to file a document under seal on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal, and should not include confidential information. The proposed sealed document shall be separately and contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order, if the Court previously granted leave to file the document under seal). Note that the summary docket text, but not the document itself, will be open to public inspection and, thus, should not include confidential information sought to be filed under seal.

Redacted documents require a letter-motion filed in public view, with the redacted version publicly filed and the unredacted version filed under seal on ECF.

iii. Redacted Document(s). Where a party wishes to file a document in redacted form, the party shall electronically file a letter-motion seeking leave to file a document in redacted form on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the party shall: (1) publicly file on ECF and electronically relate to the letter-motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.

Parties unable to file electronically under seal may email letter-motions to chambers with specific formatting requirements.

iv. Submission by Email. Any party unable to comply with the requirement for electronic filing under seal on ECF, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion by email, seeking leave of the Court to file in a different manner. Such letter-motions may be emailed to ReardenNYSDChambers@nysd.uscourts.gov as text-searchable PDF attachments, with copies simultaneously delivered to all counsel. In the subject line, the cover email should state clearly: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties shall not include substantive communications in the body of the email. Unless otherwise ordered by the Court, letter-motions seeking leave to file in a different manner shall not exceed five double-spaced pages.

For redaction approval motions, file redacted version publicly and unredacted version under seal with highlights.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Request to file redacted documents under seal requires letter motion with specific legal justification.

Any party wishing to file in redacted form any pleading, motion, memorandum, exhibit, or other document, or any portion thereof, based on a party’s designation of information as Confidential, must make a specific request to the Court by letter motion explaining the reasons for seeking to file that submission under seal and addressing the request in light of the Court of Appeals’ opinions in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and Bernstein v. Bernstein Litowitz Berger & Grossman LLP, 814 F.3d 132 (2d Cir. 2016).

Joint submission required for redaction requests based on another party's confidential designation.

If a request for redactions is based on another party’s designation of information as Confidential, the parties shall confer and jointly submit the request for redactions.

Sealed/redacted filing requests must be filed electronically via ECF per standing order 19-mc-00583.

Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.

Motion for seal must be public; supporting papers filed separately under seal only as necessary.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information to be filed under seal.

Proposed sealed documents must be contemporaneously filed under seal in ECF and electronically related to motion.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

Parties must move for leave to file sealed documents on paper if unable to use ECF system.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Sealed filings require both public redacted version and sealed unredacted version with redactions highlighted.

to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Confidential materials may only be redacted/filed under seal with court direction

All Confidential Materials filed with the Court may be redacted or filed under seal only as the Court directs upon appropriate application by either party.

Sealed/redacted filings must be filed electronically through ECF system

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19‐mc‐00583, and ECF Rules & Instructions, Section 6.

Motion to seal must be filed publicly and explain reasons without including confidential info

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.

Proposed sealed document must be filed under seal and related to motion

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.

Redaction requests require public filing with redactions and sealed filing of unredacted version

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (1) publicly file the document with the proposed redactions, and (2) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted.

Paper filing requires motion for leave if unable to comply with electronic filing

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave to file in the traditional manner, on paper.

To file under seal: file a redacted copy on ECF, file a sealed copy on ECF, and email an unredacted copy to chambers.

Any party wishing to file a document under seal or in redacted form shall (1) file on ECF a redacted copy of the document, (2) file on ECF a sealed copy of the document, and (3) submit to Chambers an unredacted copy by email.

Sealed documents cannot be accessed on ECF; parties must separately serve opposing counsel with sealed materials outside of ECF.

Pursuant to S.D.N.Y. Standing Order M10-468, sealed documents are not accessible or viewable on ECF; accordingly, parties must separately serve opposing counsel with any sealed materials in a manner other than the ECF system.

If parties cannot agree to unredact all sealed material, the confidentiality-seeking party must file a letter motion within 3 business days of the meet and confer.

A motion is required whenever one or more parties seek to maintain sealed material. If the parties cannot agree to unredact all redacted material, then, within 3 business days of the parties' meet and confer, the party seeking to preserve confidentiality must make a specific request to the Court by letter motion. If more than one party seeks to preserve confidentiality, the parties shall confer and submit a joint letter.

Motions to seal must address the Second Circuit's Lugosch and Bernstein standards and include proposed redactions.

Any letter motion requesting that material remain under seal must explain the reasons for seeking to file the material under seal and address the request in light of the Court of Appeals' opinions in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and Bernstein v. Bernstein Litowitz Berger & Grossman LLP, 814 F.3d 132 (2d Cir. 2016). Any sealing request shall include the requesting party's proposed redactions.

When ordered to unredact, the party must file unredacted documents on ECF within 3 business days of the court's order.

If the Court directs that any previously redacted material be unredacted, the party who submitted the previously redacted document shall, within 3 business days after the Court's unredaction order, file on ECF the documents complying with the Court's order.

All settlement conference communications are strictly confidential, off the record, inadmissible at trial, and may not be used in discovery.

All settlement conferences are "off the record." All communications relating to settlement are strictly confidential and may not be used for any purpose other than settlement. They are not to be used in discovery and will not be admissible at trial.

Confidential materials may be redacted or filed under seal only with Court direction or as required by FRCP 5.2.

All Confidential Materials filed with the Court may be redacted or filed under seal only as the Court directs upon appropriate application by either party or as required by Federal Rule of Civil Procedure 5.2.

Parties must discuss in good faith whether confidential materials need to be filed under seal.

To avoid the unnecessary filing of documents under seal, counsel for the parties will discuss, in good faith, the need to file Confidential Materials under seal.

Sealed/redacted filings require letter-motion filed electronically through ECF system

Letter-Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.

Motion to seal must be filed publicly and explain reasons without confidential info

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.

Supporting papers for seal motion may be filed under seal or redacted as needed

Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information to be filed under seal.

Proposed sealed document must be filed under seal and related to motion in ECF

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.

For redactions in public filings, file redacted version publicly and unredacted under seal

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted.

Pro se litigants unable to file electronically must mail/hand-deliver sealed submissions to Pro Se Intake Unit

A pro se litigant who is unable to comply with the requirement for electronic filing under seal through the ECF system shall mail or hand-deliver to the Pro Se Intake Unit a submission containing (a) the letter-motion requesting sealing and (b) the proposed sealed document, which shall be enclosed in a separate sealed envelope that is clearly marked “Document To Be Filed Under Seal.”

If seal motion denied in part, refile with modified redactions as directed by Court

If the Court approves the filing under seal, no further submissions shall be required. If the Court denies, in part, the motion for filing under seal, the party who made the submission shall be required to refile the document with modified redactions as directed by the Court.

Court will file under seal clean unredacted pages for approved redactions

The Court will file under seal any clean and unredacted pages for which the Court has approved redactions.

Confidential materials may only be redacted or sealed per court direction via application or FRCP 5.2 requirements.

All Confidential Materials filed with the Court may be redacted or filed under seal only as the Court directs upon appropriate application by either party or as required by Federal Rule of Civil Procedure 5.2, which describes sensitive information that must be redacted from public court filings.

Counsel must discuss in good faith need to seal confidential materials; agreed documents may be filed without redaction.

To avoid the unnecessary filing of documents under seal, counsel for the parties will discuss, in good faith, the need to file Confidential Materials under seal. If the parties agree in writing that a particular document that has been designated Confidential Material shall not be filed under seal, that document can be filed without redaction and such filing will not be a breach of any Stipulation of Confidentiality.

Redaction requests based on party’s own Confidential designation require letter motion explaining reasons and citing Lugosch and Bernstein.

Any party wishing to file in redacted form any pleading, motion, memorandum, exhibit, or other document, or any portion thereof, based on a party’s designation of information as Confidential, must make a specific request to the Court by letter motion explaining the reasons for seeking to file that submission under seal and addressing the request in light of the Court of Appeals’ opinions in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and Bernstein v. Bernstein Litowitz Berger & Grossman LLP, 814 F.3d 132 (2d Cir. 2016).

Redaction requests based on another party’s Confidential designation require joint submission after conferral.

If a request for redactions is based on another party’s designation of information as Confidential, the parties shall confer and jointly submit the request for redactions.

Sealing letter-motions in civil cases must be filed via ECF, with public motion, separate supporting papers, and sealed proposed document related to the motion.

Letter-Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6. The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information to be filed under seal. The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

Redaction of public-filed documents requires filing redacted version publicly and unredacted sealed version with highlighted redactions, both via ECF and related to the motion.

Where the motion seeks approval to redact information from a document that is to be filed publicly, the party must (a) electronically file a redacted version of the document that includes only the redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Pro se litigants unable to e-file sealing documents may mail or hand-deliver to Pro Se Intake Unit with sealed, marked envelope.

A pro se litigant who is unable to comply with the requirement for electronic filing under seal through the ECF system shall mail or hand-deliver to the Pro Se Intake Unit a submission containing (a) the letter-motion requesting sealing and (b) the proposed sealed document, which shall be enclosed in a separate sealed envelope that is clearly marked “Document To Be Filed Under Seal.”

Approved sealing motions require no further submissions; denied motions require refiling with modified redactions per court direction.

If the Court approves the filing under seal, no further submissions shall be required. If the Court denies, in part, the motion for filing under seal, the party who made the submission shall be required to refile the document with modified redactions as directed by the Court. The Court will file under seal any clean and unredacted pages for which the Court has approved redactions.

Filing under seal requires court permission.

Filing under seal requires permission of the Court. Unless otherwise ordered, any party wishing to file a document or

Motions for sealed/redacted filings must be filed electronically through ECF

2. Sealing/Redactions Requiring Court Approval. Motions or Letter- Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s) must be filed electronically through the Court’s ECF system in conformity with the Court’s Standing Order, 19-mc-583, and ECF Rules & Instructions, Section 6, available at https://nysd.uscourts.gov/rules/ecf-related-instructions.

Request to file redacted/sealed documents must be made by letter explaining reasons and legal basis.

Any party wishing to file a redacted pleading, motion, memorandum, exhibit, or other document, or any portion thereof, must make a specific request to the Court by letter explaining the reasons for seeking to file that submission under seal and addressing the request in light of the governing law.

Sealed/redacted filings must be filed electronically through ECF system following specific standing order and ECF rules.

Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the Court’s ECF system in conformity with the Court’s Standing Order, 19-mc-00583, and ECF Rules & Instructions, section 6.

Motion to seal must be filed publicly and explain reasons without including confidential information.

The motion must be filed in public view, must explain the reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.

Supporting papers for seal motions may be filed under seal or redacted only as necessary.

Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Proposed sealed document must be contemporaneously filed under seal and electronically related to the motion.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.

For redaction approval, file redacted version publicly and unredacted version under seal with highlights, both electronically related to motion.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Confidential designation limited to specific categories of sensitive information

The person producing any given Discovery Material may designate as Confidential only such portion of such material the public disclosure of which either is restricted by law or will cause harm to the business, commercial, financial or personal interests of the producing person and/or a third party to whom a duty of confidentiality is owed and that consists of: (a) previously nondisclosed financial information (including without limitation profitability reports or estimates, percentage fees, design fees, royalty rates, minimum guarantee payments, sales reports and sale margins); (b) previously nondisclosed information relating to ownership or control of any non-public company; (c) previously nondisclosed sensitive commercial information relating to any party’s business including, but not limited to, tax data; proposed strategic transactions or other business combinations; internal audit practices, procedures and outcomes; trade secrets; marketing plans and strategies; studies or analyses by internal or outside experts; competitive analyses; customer or prospective customer lists and information; product or service pricing or billing agreements or guidelines; and/or confidential project-related information; (d) any information of a personal or intimate nature regarding any individual; or (e) any other category of information hereinafter given confidential status by the Court.

Redacted and unredacted sealed versions must be filed simultaneously for confidential materials.

A party wishing to file a Letter-Motion (or opposition or reply) that contains material claimed by either party to require confidential treatment may file a redacted copy of the document on ECF, removing or concealing such information only to the extent necessary to safeguard information sought to be filed under seal. At the time of filing, the party also shall contemporaneously file the unredacted sealed document in the ECF system under seal, with the redactions highlighted.

Sealing request letter must be filed within 3 business days of redacted filing.

Within three business days of the date the redacted document is filed, the party filing the redacted document must file a letter on ECF in conformity with the court’s standing order, No. 19-MC-00583, and ECF Rules & Instructions, Section 6. 6 seeking permission to file the document, or a portion thereof, under seal.

Sealed filings require redacted ECF copy, sealed unredacted copy, and permission letter.

Filing under seal and redacting information not covered by Rule 5.2 of the Federal Rules of Civil Procedure requires permission of the Court. Unless otherwise ordered, any party wishing to file a document or portion thereof under seal must do the following on or before the date on which the relevant brief, declaration or other document is due: (1) file a redacted copy of the document via ECF, from which the material claimed to require confidential treatment has been removed or concealed; (2) file the unredacted sealed document in the ECF system under seal. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal. Both documents must be electronically filed through the ECF system and related to the motion; and (3) file a letter on ECF seeking permission to file the document under seal and explaining the need to withhold the material at issue from the public record notwithstanding the strong presumption of public access to “judicial documents” under the First Amendment and the common law.

Motion required to file sealed documents on paper instead of ECF.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Confidential designation requires stamping and producing redacted copy

With respect to the Confidential portion of any Discovery Material other than deposition transcripts and exhibits, the producing person or that person’s counsel may designate such portion as “Confidential” by: (a) stamping or otherwise clearly marking as “Confidential” the protected portion in a manner that will not interfere with legibility or audibility; and (b) producing for future public use another copy of said Discovery Material with the confidential information redacted.

Confidential designation for deposition transcripts requires on-record indication

With respect to deposition transcripts, a producing person or that person’s counsel may designate such portion as Confidential either by (a) indicating on the record during the deposition that a question calls for Confidential information, in which case the reporter will bind the

Non-Disclosure Agreements required for certain recipients of confidential discovery material

Prior to any disclosure of any Confidential Discovery Material to any person referred to in subparagraphs 6(d), 6(f) or 6(g) above, such person shall be provided by counsel with a copy of this Protective Order and shall sign a Non-Disclosure Agreement in the form annexed as an Exhibit hereto stating that that person has read this Protective Order and agrees to be bound by its terms. Said counsel shall retain each signed Non-Disclosure Agreement, hold it in escrow, and produce it to opposing counsel either prior to such person being permitted to testify (at deposition or trial) or at the conclusion of the case, whichever comes first.

Third-party confidentiality obligations require notice and potential protective order

A Party may be requested to produce Discovery Material that is subject to contractual or other obligations of confidentiality owed to a third party. Within two business days of receiving the request, the receiving Party subject to such obligation shall inform the third party of the request and that the third party may seek a protective order or other relief from this Court. If neither the third party nor the receiving Party seeks a protective order or other relief from this Court within 21 days of that notice, the receiving Party shall produce the information responsive to the discovery request but may affix the appropriate controlling designation.

Confidential discovery material may only be used for litigation purposes

Recipients of Confidential Discovery Material under this Protective Order may use such material solely for the prosecution and defense of this action and any appeals thereto, and specifically (and by way of example and not limitations) may not use Confidential Discovery Material for any business, commercial or competitive purpose. Nothing contained in this Protective Order, however, will affect or restrict the rights of any person with respect to its own documents or information produced in this action. Nor does anything contained in this Protective Order limit or restrict the rights of any person to use or disclose information or

Sealing procedures differ for non-dispositive vs dispositive matters, with specific sections to follow.

All persons seeking to file redacted documents or documents under seal with the Court in connection with non-dispositive matters shall follow Section II(B)(3) of Magistrate Judge Aaron’s Individual Practices. With respect to dispositive matters, the Individual Rules of the presiding District Judge shall be followed; if the parties have consented to the jurisdiction of Magisrate Judge Aaron for all purposes, then with respect to dispositive motions, Section III(E) shall be followed.

Sealed filings must include a publicly filed redacted copy via ECF.

Any Party filing a motion or any other papers with the Court under seal shall also publicly file a redacted copy of the same, via the Court’s Electronic Case Filing system, that redacts only the Confidential Discovery Material itself, and not text that in no material way reveals the Confidential Discovery Material.

Court permission required to file documents under seal.

Filing under seal requires permission of the Court.

Motions for approval of sealed or redacted filings must be filed electronically through ECF system in conformity with Local Civil Rule 5.2 and Court's standing orders.

B. Sealing/Redaction Requiring Court Approval. Motions or letter motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the ECF system in conformity with Local Civil Rule 5.2, the Court’s standing orders (19-mc-583 and 25-mc-421), and Section 6 of the ECF Rules & Instructions.

Motion for sealed filing must be filed in public view, explain reasons for sealing, and not include confidential information. Supporting papers may be filed under seal or redacted.

The motion must be filed in public view, must explain the reasons for seeking to file that information under seal, and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Proposed sealed document must be contemporaneously filed under seal in ECF system and electronically related to the motion. Summary docket text will be open to public inspection.

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

For redactions from publicly filed documents, file redacted version publicly and unredacted version under seal with redactions highlighted. Both must be electronically filed through ECF.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party must: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Parties unable to file under seal electronically must move for leave to file in traditional manner on paper.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Redacted pages must be filed under seal and brought to sentencing with redaction markings.

If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal. Bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal.

Redactions beyond 11 categories require application served and filed with sentencing submission.

If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served.

Parties may redact 11 categories of sensitive information without court application; only redacted pages filed under seal; marked copy must be brought to sentencing.

Parties may redact the five categories of "sensitive information" and the six categories of information requiring caution (i.e., personal identifying number, medical records, treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information, and information regarding an individual's cooperation with the government) as described in the Privacy Policy, without application to the Court. If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal. Bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal.

Redaction beyond the 11 categories identified in the Privacy Policy requires a court application filed with the sentencing submission.

If a party redacts information beyond the eleven categories of information identified in the Privacy Policy, an application to do so must be served and filed at the time the sentencing submission is served. The application should clearly identify the redaction and explain the reasons for the redaction. The application will be addressed at the sentencing proceeding.

All sealing and redactions require Court approval except for specified sensitive information

B. Sealing and Redactions Requiring Court Approval. Except as permitted by Section 4.A, all sealing and redactions require Court approval. Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6. The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal, and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Proposed sealed documents must be filed under seal and electronically related to the motion

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

For redactions in publicly filed documents, file redacted version publicly and unredacted version under seal

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Parties must seek leave to file sealed documents on paper if unable to use ECF system.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

All sealing and redactions except those in Section 4.A require Court approval.

B. Sealing and Redactions Requiring Court Approval. Except as permitted by Section 4.A, all sealing and redactions require Court approval.

Motions for sealed/redacted filings must be filed on ECF in public view with reasons; supporting papers filed separately and may be sealed/redacted only as necessary.

Motions or Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court's ECF system in conformity with the court's standing order, 19-mc-00583, and ECF Rules & Instructions, section 6. The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal, and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

For redactions in publicly filed documents: file redacted version publicly and unredacted version with highlights under seal, both related to the motion.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Party seeking to file sealed materials must notify opposing party to file a letter within 3 days explaining the need for sealing.

When a party seeks leave to file sealed or redacted materials on the ground that an opposing party or third party has requested it, that party shall notify the opposing party or third party that it must file, within three days, a letter explaining the need to seal or redact the materials.

Parties unable to file sealed documents electronically through ECF must move for leave to file on paper.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

No sealed filings without court order addressing specific documents.

No document may be filed with the Clerk under seal without an order of this Court addressing the specific documents to be sealed.

Must include

affidavits, memorandum of law, specific case citations

Sealing application requires affidavits, memorandum of law, and specific case citations.

Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), in a civil case or United States v. Amodeo, 71 F.3d 1044 (2d Cir. 1995), in a criminal case, and any other controlling authority.

Must include

affidavits, memorandum of law, specific case citations +1 more

Sealing application must include proposed redacted version for public docketing.

The application shall also include a proposed redacted version of the document(s) in question for public docketing.

PIN numbers, medical records, employment history, financial information, trade secrets, home addresses, and cooperation information may warrant motion for sealed/redacted filing.

Other information that should be treated with caution and may warrant a motion for approval of sealed or redacted filing includes: personal identifying numbers (PIN numbers); medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; home addresses; and information regarding an individual's cooperation with the government.

Parties may redact specified sensitive and cautionary categories without applying to the Court.

Parties may redact the five categories of “sensitive information” and the six categories of information requiring caution (i.e., personal identifying numbers; medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; and information regarding an individual’s cooperation with the government) as described in the Privacy Policy, without application to the Court.

Parties unable to file electronically may submit by email with specific subject line requirements and no substantive communications in email body.

Any party unable to comply with the requirements for electronic filing under seal through the ECF system, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion seeking leave of the Court to file in a different manner. If the party is unable to file such a letter-motion on ECF or believes there is good cause not to file such a letter-motion on ECF, the party may submit it by email as a text-searchable PDF attachment with a copy simultaneously delivered to all counsel. Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties may not include substantive communications in the body of the email; such communications may be included only in the body of the letter.

Parties unable to file sealed documents via ECF may submit by email as text-searchable PDF with case caption and docket number in subject line; substantive communications belong in the letter only.

iv. Submission by Email. Any party unable to comply with the requirements for electronic filing under seal through the ECF system, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion seeking leave of the Court to file in a different manner. If the party is unable to file such a letter-motion on ECF or believes there is good cause not to file such a letter-motion on ECF, the party may submit it by email as a text-searchable PDF attachment with a copy simultaneously delivered to all counsel. Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties may not include substantive communications in the body of the email; such communications may be included only in the body of the letter.

Sealed or sensitive letters may be emailed as text-searchable PDFs with specific subject line requirements.

Any letter to be filed under seal or containing sensitive or confidential information may be emailed as a text-searchable PDF attachment to the Court with a copy simultaneously delivered to all counsel (unless the submission is being made ex parte). Any such email shall state clearly in the subject line: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter.

Redactions and sealing beyond the permitted categories require Court approval and must be narrowly tailored.

Except for redactions permitted by the previous Paragraph, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents.

Court will not redact decisions unless parties prove material is truly confidential within 10 days

The Court does not ordinarily file decisions under seal or redact material from them. If the Court issues a decision in this case that refers to “confidential” material under this stipulation, the decision will not be published for ten days. The parties must, within that ten-day period, identify to the Court any portion of the decision that one or more of them believe should be redacted, provide the Court with the purportedly confidential material, and explain why that material is truly confidential. The Court will then determine whether the material is in fact genuinely deserving of confidential treatment. The Court will only redact portions of a publicly available

Parties unable to file electronically under seal must seek court permission to file on paper.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Parties unable to file electronically under seal must seek leave to file on paper.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Must confer with adversary before seeking TRO unless Rule 65(b) requirements are met.

A party must confer with his or her adversary before making an application for a temporary restraining order, unless the requirements of Fed. R. Civ. P. 65(b) are met.

Additional sensitive information categories may require court approval for sealing/redaction.

Other information that should be treated with caution and may warrant a motion for approval of sealed or redacted filing includes personal identifying numbers (PIN numbers); medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; home addresses; and information regarding an individual’s cooperation with the government.

Notify opposing parties of need to file explanation within 3 days when seeking sealed/redacted filing based on their request.

When a party seeks leave to file sealed or redacted materials on the ground that an opposing party or third party has requested it, that party shall notify the opposing party or third party that it must file, within three days, a letter explaining the need to seal or redact the materials.

Request leave to file on paper if unable to comply with electronic filing requirements.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Court unlikely to seal trial evidence or summary judgment materials.

All persons are hereby placed on notice that the Court is unlikely to seal or otherwise afford confidential treatment to any Discovery Material introduced in evidence at trial or supporting or refuting any motion for summary judgment, even if such material has previously been sealed or designated as Confidential.

Government may seek protective order to delay Brady/Giglio disclosure only in exceptional circumstances

(6) For good cause shown, the Government may seek a protective order delaying disclosure of such materials and information, but applications for such orders should only be made in exceptional circumstances.

Sealed or confidential letters may be emailed as text-searchable PDF to chambers with copies to all counsel.

Any letter to be filed under seal or containing sensitive or confidential information may be emailed as a text-searchable PDF to ReardenNYSDChambers@nysd.uscourts.gov, with a copy simultaneously delivered to all counsel (unless the submission is being made ex parte).

Parties must redact sensitive information categories without court approval per FRCP 5.2 and SDNY Privacy Policy.

The parties are referred to Federal Rule of Civil Procedure 5.2 and the SDNY ECF Privacy Policy and reminded not to include, unless necessary, the five categories of 'sensitive information' in their submissions (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use the City and State only]). Parties may redact the five categories of 'sensitive information' and the six categories of information requiring caution (i.e., personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual's cooperation with the government), as described in the Privacy Policy, without Court approval.

When motion papers are redacted or sealed, courtesy copies must be unredacted with the redacted portions highlighted.

If the parties have redacted or filed under seal any portion of the motion papers or attendant exhibits, courtesy copies are to be unredacted, but the portions redacted from public filings should be highlighted.

Party consent or a confidentiality agreement alone is not a valid basis to overcome the presumption of public access to judicial documents.

In general, the parties' consent or the fact that information is subject to a confidentiality agreement between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents.

Parties seeking to file sealed or redacted materials should meet and confer with opposing parties in advance to narrow the scope.

The party seeking leave to file sealed or redacted materials should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) in advance to narrow the scope of the request.

Parties unable to e-file under seal on ECF, or who believe a document should not be filed on ECF, must move for leave to file on paper.

Any party unable to comply with the requirement for electronic filing under seal on ECF, or who has reason to believe that a particular document should not be filed on ECF, must move for leave of the Court to file on paper.

Email submission allowed for sealed documents when ECF filing not possible

Any party unable to comply with the requirement for electronic filing under seal on ECF, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion by email, seeking leave of the Court to file in a different manner.

Late designation of confidential information allowed within 14 days after discovery closes or document production.

The disclosure of a document or information without designating it as “confidential” shall not constitute a waiver of the right to designate such document or information as Confidential Information provided that the material is designated pursuant to the procedures set forth herein no later than that latter of fourteen (14) days after the close of discovery or fourteen (14) days after the document or information’s production. If so designated, the document or information shall thenceforth be treated as Confidential Information subject to all the terms of this Stipulation and Order.

Additional sensitive information categories that may require court approval for sealing.

Other information that should be treated with caution and may warrant a motion for approval of sealed or redacted filing includes: personal identifying numbers (PIN numbers); medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; home addresses; and information regarding an individual's cooperation with the government.

Meet and confer with opposing parties before filing sealed/redacted materials.

The party seeking leave to file sealed or redacted materials should meet and confer with any opposing parties (or third parties seeking confidential treatment of the information, if any) in advance to narrow the scope of the request.

Sealed or confidential letters must follow sealing procedures in section 4.A-B.

Letters to be filed under seal or containing sensitive or confidential information must be filed in accordance with 4.A-B below.

Redactions must be narrowly tailored and consistent with public access presumption.

To be approved, redactions must be narrowly tailored to serve whatever purpose justifies them and otherwise consistent with the presumption in favor of public access to judicial documents.

Additional sensitive information (PINs, medical, employment, financial, trade secrets, addresses, cooperation) may require court approval for sealing.

Other information that should be treated with caution and may warrant a motion for approval of sealed or redacted filing includes: personal identifying numbers (PIN numbers); medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; home addresses; and information regarding an individual's cooperation with the government.

Sensitive information should not be filed unless necessary and relevant; must be partially redacted if included.

Sensitive information and information requiring caution must not be included in any document filed with the Court unless such inclusion is necessary and relevant to the case. If such information must be included, personal identifiers must be partially redacted in accordance with the above-cited rules and policies in order to protect any privacy interest.

Sealed filing motions must be public, explain reasons for sealing, and exclude confidential information.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal.

Supporting papers for sealed motions must be separately filed and may be sealed/redacted only as necessary.

Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Meet and confer required before filing sealed/redacted materials.

The party seeking leave to file sealed or redacted materials should meet and confer with any opposing parties (or third parties seeking confidential treatment of the information, if any) in advance to narrow the scope of the request.

Three-day notice required when sealing based on opposing party's request.

When a party seeks leave to file sealed or redacted materials on the ground that an opposing party or third party has requested it, that party shall notify the opposing party or third party that it must file, within three days, a letter explaining the need to seal or redact the materials.

Motion required to file sealed materials on paper instead of ECF.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Certain categories require caution and may warrant motion for sealed filing.

Other information that should be treated with caution and may warrant a motion for approval of sealed or redacted filing includes: personal identifying numbers (PIN numbers); medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; home addresses; and information regarding an individual's cooperation with the government.

Parties unable to file under seal electronically must seek leave to file on paper.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

14-day advance notice required before using opposing party's confidential information; 7-day window for opposing party to seek sealing.

Unless otherwise ordered, a party seeking to file an opposing party’s confidential information shall so advise the opposing party fourteen (14) days in advance specifying the precise portion of the information the party seeks to use, the general purpose thereof and any redactions to which the party does not object. Within seven (7) days thereafter, the party whose confidential information is sought to be used may make an application to seal in accordance with the first paragraph of this Order, indicating the portion or portions of the information it seeks to have sealed.

Parties unable to file electronically under seal must seek court permission to file on paper.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Redact sensitive information without Court approval.

The parties are referred to Federal Rule of Civil Procedure 5.2, the E-Government Act of 2002, and the Southern District’s ECF Privacy Policy (“Privacy Policy”) and reminded not to include, unless necessary, the five categories of “sensitive information” in their submissions (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]).

File letter-motion seeking leave to file sealed documents differently.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, shall file a letter-motion seeking leave of the Court to file in a different manner.

Submit letter-motion by email if unable to file on ECF.

If the party is unable to file such a letter-motion on ECF, or believes there is good cause not to file such a letter-motion on ECF, the party may submit it by email (at EngelmayerNYSDChambers@nysd.uscourts.gov) as a text-searchable PDF attachment with a copy simultaneously delivered to all counsel.

Additional sensitive information may require motion for sealing approval.

Other information that should be treated with caution and may warrant a motion for approval of sealed or redacted filing includes: personal identifying numbers (PIN numbers); medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; home addresses; and information regarding an individual’s cooperation with the government.

Sensitive information should only be included if necessary and relevant.

Sensitive information and information requiring caution must not be included in any document filed with the Court unless such inclusion is necessary and relevant to the case.

A producing party may designate as Confidential only material that is non-disclosed financial, ownership/control, business-plan, or personal information, or another category the Court designates.

The Party or person producing or disclosing Discovery Material ("Producing Party") may designate as Confidential only the portion of such material that it reasonably and in good faith believes consists of: (a) previously non-disclosed financial information (including without limitation profitability reports or estimates, percentage fees, design fees, royalty rates, minimum guarantee payments, sales reports, and sale margins); (b) previously non-disclosed material relating to ownership or control of any non-public company; (c) previously non-disclosed business plans, product-development information, or marketing plans; (d) any information of a personal or intimate nature regarding any individual; or (e) any other category of information this Court subsequently affords confidential status.

Confidential portions of discovery material (other than deposition transcripts and exhibits) are designated by stamping them "Confidential" and producing a redacted copy for public use.

With respect to the Confidential portion of any Discovery Material other than deposition transcripts and exhibits, the Producing Party or its counsel may designate such portion as "Confidential" by: (a) stamping or otherwise clearly marking as "Confidential" the protected portion in a manner that will not interfere with legibility or audibility; and (b) producing for future public use another copy of said Discovery Material with the confidential information redacted.

Deposition exhibits or transcript portions may be designated Confidential either on the record during the deposition or by written notice within 30 days after the deposition concludes; during that 30-day period the entire transcript is treated as Confidential.

A Producing Party or its counsel may designate deposition exhibits or portions of deposition transcripts as Confidential Discovery Material either by: (a) indicating on the record during the deposition that a question calls for Confidential information, in which case the reporter will bind the transcript of the designated testimony in a separate volume and mark it as “Confidential Information Governed by Protective Order;” or (b) notifying the reporter and all counsel of record, in writing, within 30 days after a deposition has concluded, of the specific pages and lines of the transcript that are to be designated “Confidential,” in which case all counsel receiving the transcript will be responsible for marking the copies of the designated transcript in their possession or under their control as directed by the Producing Party or that person’s counsel. During the 30-day period following a deposition, all Parties will treat the entire deposition transcript as if it had been designated Confidential.

A Producing Party may retroactively designate previously-produced Discovery Material as Confidential by notifying all prior recipients in writing, after which the material is treated as Confidential.

If at any time before the trial of this action a Producing Party realizes that it should have designated as Confidential some portion(s) of Discovery Material that it previously produced without limitation, the Producing Party may so designate such material by so apprising all prior recipients in writing. Thereafter, this Court and all persons subject to this Order will treat such designated portion(s) of the Discovery Material as Confidential.

Confidential Discovery Material may be disclosed only to enumerated persons (parties, insurers, retained counsel, vendors, mediators/arbitrators, document authors/addressees, witnesses, experts, and stenographers), with mediators/arbitrators, witnesses, and experts required to first execute a Non-Disclosure Agreement.

Where a Producing Party has designated Discovery Material as Confidential, other persons subject to this Order may disclose such information only to the following persons: (a) the Parties to this action, their insurers, and counsel to their insurers; (b) counsel retained specifically for this action, including any paralegal, clerical, or other assistant that such outside counsel employs and assigns to this matter; (c) outside vendors or service providers (such as copy-service providers and document-management consultants) that counsel hire and assign to this matter; (d) any mediator or arbitrator that the Parties engage in this matter or that this Court appoints, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto; (e) as to any document, its author, its addressee, and any other person indicated on the face of the document as having received a copy; (f) any witness who counsel for a Party in good faith believes may be called to testify at trial or deposition in this action, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto; (g) any person a Party retains to serve as an expert witness or otherwise provide specialized advice to counsel in connection with this action, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto; (h) stenographers engaged to transcribe depositions the Parties conduct in this action; and

The Court retains discretion on confidential treatment and is unlikely to seal material introduced in evidence at trial even if previously sealed.

The Court also retains discretion whether to afford confidential treatment to any Discovery Material designated as Confidential and submitted to the Court in connection with any motion, application, or proceeding that may result in an order and/or decision by the Court. All persons are hereby placed on notice that the Court is unlikely to seal or otherwise afford confidential treatment to any Discovery Material introduced in evidence at trial, even if such material has previously been sealed or designated as Confidential.

Meet and confer required before seeking leave to file sealed/redacted materials

The party seeking leave to file sealed or redacted materials should meet and confer with any opposing parties (or third parties seeking confidential treatment of the information, if any) in advance to narrow the scope of the request.

Sealed documents electronically filed are no longer accessible via ECF or PACER by non-court users

Sealed documents filed electronically will no longer be accessible or viewable through the ECF or PACER systems by non-court users.

Access to electronically filed sealed documents requires copy from adversary or paper request to clerk

To obtain access to an electronically filed sealed document, users should rely on the copy served by their adversary. A party with a right to access a sealed document may also request a paper copy by contacting the clerk's office.

Service of sealed documents can no longer be done by electronic filing in ECF

Service of sealed documents will no longer be accomplished by electronically filing in the ECF system.

Parties must request paper copies of sealed documents from opposing counsel or clerk's office.

Additional Copies of Sealed Documents – Because sealed documents filed in CM/ECF are no longer electronically accessible or viewable by non-court users, a party with the right to access a sealed document in a case who requires a copy of a sealed document may contact opposing counsel or the clerk’s office to request a paper copy. Applicable copy fees will be applied to requests made to the court.

Certain sensitive information must be redacted without court approval per FRCP 5.2.

A. Sealing/Redactions Not Requiring Court Approval. Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.

Parties unable to file electronically under seal must seek leave to file on paper.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Letter motion must indicate opposing party's consent; confidential designations require joint submission.

The letter must also indicate whether the opposing party consents to the proposed sealing or redaction. If a request to file a redacted document is based on another party’s designation of information as confidential, the parties shall confer and jointly submit the request to file the material in redacted form.

Opposing counsel must have access to all communications unless filing ex parte.

Unless a party seeks to file a redacted or sealed document ex parte, opposing counsel must have access to all communications with the Court.

Pro se parties must redact sensitive information or request permission to include it.

Pro se parties wishing to file a document already containing this information must submit a version to the Pro Se Intake Unit with this information blacked out or otherwise unidentifiable. If this information is relevant to the case, the filing party must request permission from the Court prior to filing and explain why the information needs to be included.

Sensitive/confidential letters must follow sealing procedures in Section 5.

Any letter containing sensitive or confidential information that a party does not wish to appear on the docket must follow the procedures outlined in Section 5, below.

Parties unable to file electronically must seek leave to file on paper.

Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Discovery confidentiality designation alone does not justify sealing/redaction

The parties are cautioned that the designation of documents as 'confidential' for discovery purposes does not, without more, justify a sealing or redaction order.

Objections to confidentiality designations require written notice and may lead to joint call with court.

Any person who either objects to any designation of confidentiality, or who, by contrast, requests still further limits on disclosure (such as “attorneys’ eyes only,” reserved for extraordinary circumstances), may at any time prior to the trial of this action serve upon the designating person and all other parties a written notice stating with particularity the grounds of the objection or request. If agreement cannot be reached promptly, counsel for all affected persons shall request a joint telephone call with the Court to obtain a ruling.

No presumption of sealing for confidential discovery materials; follow individual judge's practices.

Notwithstanding the designation of material as “Confidential” in discovery, there is no presumption that such Confidential Discovery Material will be filed with the Court under seal. The parties shall follow the individual practices of the Magistrate or District Judge to whom they direct pretrial requests for filing under seal.

Sensitive information in adjournment requests requires redacted public filing and motion to seal

If a request contains sensitive or confidential information, the requesting party should file (1) a redacted version of the letter on the public docket and (2) an accompanying motion to seal, in accordance with the procedures set forth below in § VI.

Objections to confidentiality designations must be made in writing before trial

Any Party who objects to any designation of confidentiality may at any time prior to the trial of this action serve upon counsel for the designating person a written notice stating with particularity the grounds of the objection. If the Parties cannot reach agreement promptly, counsel for all Parties will address their dispute to this Court in accordance with Section II of Magistrate Judge Aaron’s Individual Practices.

Requests for additional disclosure limits must be made in writing before trial

Any Party who requests additional limits on disclosure (such as “attorneys’ eyes only” in extraordinary circumstances) may at any time prior to the trial of this action serve upon counsel for the receiving Party a written notice stating with particularity the grounds for the request. If the Parties cannot reach agreement promptly, counsel for all Parties will address their dispute to this Court in accordance with Section II of Magistrate Judge Aaron’s Individual Practices.

Court unlikely to seal discovery material introduced at trial or in summary judgment motions.

All persons are hereby placed on notice that the Court is unlikely to seal or otherwise afford confidential treatment to any Discovery Material introduced in evidence at trial or supporting or refuting any motion for summary judgment, even if such material has previously been sealed or designated as Confidential.

Confidential information in discovery does not automatically require sealing; parties must follow court procedures for sealing requests.

Notwithstanding the designation of information as “Confidential” in discovery, there is no presumption that such information shall be filed with the Court under seal. The parties shall follow the Court’s procedures for requests for filing under seal.

Parties may redact 11 categories of sensitive information without court application.

Parties may redact the five categories of “sensitive information” and the six categories of information requiring caution... without application to the Court.

Civil adjournment requests with sensitive/confidential information must be filed on ECF using sealed filing procedures.

A sensitive or confidential letter-motion in a civil case must be filed on ECF in accordance with the pertinent ECF sealed filing procedures (see subdivision A.5. below).

Redactions/sealing must be narrowly tailored and consistent with public access presumption.

To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents.

Court records and dockets presumptively open to public inspection.

Court records and docket sheets are to be accessible to the public, and enjoy a presumption of openness to public inspection.

Public access presumption rebuttable if closure essential and narrowly tailored.

The presumption is rebuttable upon demonstration that 'closure is essential to preserve higher values and is narrowly tailored to serve that interest.'

Protective orders must include provision for court approval of sealed filings.

Proposed protective orders should include a provision reflecting this requirement.

Sealed or confidential letters may be emailed as PDF attachments with copies to all counsel.

Any letter to be filed under seal or containing sensitive or confidential information may be emailed as a text-searchable PDF attachment to the Court with a copy simultaneously delivered to all counsel (unless the submission is being made ex parte).

Two categories of information may be redacted without Court approval: sensitive information and information requiring caution.

There are two categories of information that may be redacted from public court filings without prior permission from the Court: “sensitive information” and information requiring “caution.”

Information requiring caution: personal identifying numbers, medical records, employment history, financial information, proprietary/trade secret info, cooperation with government.

Parties may also, without prior Court approval, redact from their public filings the six categories of information requiring caution described in the Privacy Policy (i.e., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government).

Redactions or sealing must be narrowly tailored and consistent with presumption of public access to judicial documents.

To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents.

Parties' consent or confidentiality agreements are not sufficient to overcome presumption of public access.

In general, parties’ consent or the fact that information is subject to a confidentiality agreement between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents.

Letter-motion must explain purpose of redactions and why they meet standards.

The letter-motion must explain the purpose of the redactions, and why the redactions are consistent with the standards discussed in Paragraph 10(B) above.

Draft letter-motion in form that can be filed publicly.

(The party should endeavor to draft the letter-motion in a form that can be filed publicly

Parties may redact sensitive personal information and information requiring caution from public filings without prior Court approval.

Parties should not include in their public filings, unless necessary, the five categories of "sensitive information" (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use only the City and State]). Parties may also, without prior Court approval, redact from their public filings the six categories of information requiring caution described in the Privacy Policy (i.e., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual's cooperation with the government).

Additional categories of information requiring caution may be redacted without Court approval

Parties may also redact from their public filings, without prior Court approval, the six categories of information requiring “caution” described in the Privacy Policy, i.e., any personal identifying number, such as a driver’s license number;

Supporting papers for sealed filings may be filed under seal or redacted as needed.

Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Meet and confer with opposing parties before seeking sealed/redacted filing approval.

The party seeking leave to file sealed or redacted materials should meet and confer with any opposing parties (or third parties seeking confidential treatment of the information, if any) in advance to narrow the scope of the request.

Bring TRO application to court at mutually agreeable time when adversary notified but doesn't consent.

If a party’s adversary has been notified but does not consent to temporary injunctive relief, the party seeking a restraining order must bring the application to the Court at a time mutually agreeable to the party and its adversary, so that the Court may have the benefit of advocacy from both sides in deciding whether to grant temporary injunctive relief.

Communications will be docketed on public ECF unless sealed.

Absent a request to file a communication with the Court under seal, the Court will docket any substantive communication with the Court on ECF, a publically accessible database.

Court may grant leave to redact or file documents under seal in limited circumstances.

In limited circumstances, the Court may grant leave to a party to either redact information other than the sensitive information described in the preceding paragraph, or to file a document under seal.

Redacted or sealed documents are generally shared with other parties.

Information contained in a redacted or sealed document authorized by the Court is generally made available to the other parties in the case.