Central District of California Sealing & Redaction Procedures

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Sealing must be justified item by item; blanket confidentiality claims result in denial of the sealing application.

Sealing must be justified for each individual item—blanket claims of confidentiality will result in the application to seal being denied.

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Applications to file under seal and any resulting sealed filings must comply with Local Rule 79-5, including its application procedure.

Local Rule 79-5 governs applications to file documents under seal. Local Rule 79-5.2.2 explains how to apply to file under seal and how to proceed if leave is granted. Parties must comply with all provisions of Local Rule 79-5.

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Each item sought to be sealed must have an identified and discussed factual or legal justification establishing good cause or compelling reasons.

For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification that establishes “good cause” or “compelling reasons” for the information to be protected.

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

An application to seal that contains meritless sealing or redaction requests will be denied.

An application to seal that includes meritless requests to seal or redact documents will be denied.

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil actions are subject to a strong presumption of public access.

There is a strong presumption of public access in civil actions. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003).

Checked and corrected to match the court's document on Oct 4, 2026INFO

Counsel are strongly encouraged to carefully assess whether sealing or redaction is absolutely necessary for each piece of evidence or argument.

Counsel are strongly encouraged to consider carefully whether sealing or redaction is absolutely required for a given piece of evidence or argument.

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Protective orders must not purport to allow any matters to be filed under seal in connection with dispositive motions (including a class certification motion) or trial without further Court order.

Summary: Protective orders cannot authorize sealing for dispositive motions or trial without further Court order.

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The existence of a protective order does not alone authorize the filing of pleadings or other documents under seal, in whole or in part.

Summary: A protective order alone does not authorize filing documents under seal.

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Local Rule 79-5 governs applications to file under seal. Parties must comply with all sections of Local Rule 79-5. The parties must also meet and confer before filing an application to seal.

Summary: Parties must comply with Local Rule 79-5 and meet and confer before filing an application to seal.

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For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification that establishes 'good cause' or 'compelling reasons' for the matter should be protected.

Summary: Parties must identify and discuss the factual and/or legal justification establishing good cause or compelling reasons for each sealed filing.

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Documents that are not confidential or privileged in their entirety must not be filed under seal in their entirety if the confidential portions can be redacted with a reasonable amount of effort. The parties must file a complete version of such documents under seal, and a redacted version for public viewing, redacting only the portions that the Court has ordered may be filed under seal.

Summary: Parties must file a complete version under seal and a redacted version for public viewing when only portions are confidential.

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blanket claims of confidentiality will be denied. Counsel is strongly encouraged to consider carefully whether sealing or redaction is required for a given piece of evidence or argument. The parties must minimize the materials they seek to file under seal. An application to seal that includes clearly meritless requests to seal or redact documents may be denied in its entirety.

Summary: Parties must minimize sealed materials; overbroad or meritless sealing requests may result in the entire application being denied.

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Electronically file the application to seal with proof of service.

Summary: The application to seal must be electronically filed together with proof of service.

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Civil casesCourt notice

The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal.

Summary: A sealed document being filed must be linked to the court order granting leave to file it under seal.

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Civil casesCourt notice

This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Document again.

Summary: The sealed-document upload screen must turn red; if it does not, you must stop because the documents will not be filed under seal and must restart the docketing process.

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Civil casesCourt notice

Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.

Summary: A sealed document may only be e-filed after obtaining a court order granting leave to file under seal; without such an order, the e-filing cannot be completed.

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Civil casesCourt notice

Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Summary: Filing any sealed document requires a court order; if you have not obtained one, you must first file an Application for Leave to File Under Seal (even if a statute allows sealing) and cannot continue until the court grants the order.

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Civil casesCourt notice

Please note that this event can only be used to e-file a motion under seal if you have already obtained a court order granting leave to file that motion under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.

Summary: A court order granting leave to file under seal is required before e-filing a sealed motion; without it the e-filing cannot be completed.

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Civil casesCourt notice

The Sealed Motion you are filing must be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case.

Summary: A sealed motion must be linked to an order granting leave to file under seal; without such an order, docketing cannot continue.

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Civil casesCourt notice

This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Reply again.

Summary: When filing a sealed document, the upload screen must turn red to confirm sealed filing; if it does not, stop and restart the docketing process.

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Civil casesCourt notice

The Sealed Reply you are filing must also be linked to an Order granting leave to file the document under seal.

Summary: A sealed reply must be linked to the order granting leave to file it under seal.

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Civil casesCourt notice

Remember that this event is NOT restricted. Your Application for Leave for In Camera Review will be publicly visible, so do not include confidential information, and do not attach the documents you wish the Court to review in camera.

Summary: The Application for Leave for In Camera Review is publicly visible and must not contain confidential information or attach the documents for in camera review.

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Local Rule 79-5 governs applications to file documents under seal. Local Rule 79-5.2.2 explains how to apply to file under seal and how to proceed if leave is granted. Parties must comply with all provisions of Local Rule 79-5.

Summary: Applications to file documents under seal are governed by Local Rule 79-5, and parties must comply with all of its provisions, including the procedures in Rule 79-5.2.2.

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For each document or other type of information a party seeks to file under seal, the party must identify the factual and/or legal justification that establishes "good cause" or "compelling reasons" for the information to be protected.

Summary: For each document or information sought to be sealed, the party must identify the factual and/or legal justification establishing good cause or compelling reasons for protection.

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Parties must make every effort to limit the number and volume of under seal filings. There is a strong presumption of access in civil cases.

Summary: Parties must limit the number and volume of under seal filings due to the strong presumption of access.

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Civil casesCourt notice

On the next screen, enter the document caption in the second free text field. Remember that this text will be publicly visible, so do not include confidential information here.

Summary: The document caption is publicly visible, so confidential information must not be included in it.

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Civil casesCourt notice

As noted in the message on the next screen, you will need to link this Sealed Reply to the motion or motions to which it relates.

Summary: A sealed reply must be linked to the motion or motions to which it relates.

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Civil casesCourt notice

If your Application is granted, you will be responsible for delivering copies of the documents directly to the judge's chambers, in accordance with the judge's procedures.

Summary: If the Application for Leave for In Camera Review is granted, the filer must deliver copies of the documents directly to the judge's chambers.

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Civil casesCourt notice

Note the warning message on the following screen. The “Leave for In Camera Review” event is a public entry and is NOT RESTRICTED.

Summary: The 'Leave for In Camera Review' event is a public entry and is not restricted, meaning the application itself is filed publicly even though it relates to sealed documents.

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The "compelling reasons" standard applies when either the document itself or the motion to which the document is attached is more than tangentially related to the merits of the case.

Summary: The compelling reasons sealing standard applies when the sealed document or its attached motion is more than tangentially related to the merits of the case.

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Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the Court has authorized to be filed under seal.

Summary: Documents redactable with reasonable effort should not be wholly sealed; parties must file a complete version under seal plus a redacted public version omitting only court-authorized portions.

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Please note: The title of the pleading will be placed on the public docket entry. For example: "Declaration of John Doe, Exhibit A." If approved, the document itself will be sealed and not viewable by the public, but the entry (title) will be viewable.

Summary: If a seal is approved, the document itself is sealed from public view, but the docket entry title remains publicly viewable.

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Civil cases

The Application, the proposed order, any redacted documents, and the text of the docket entry itself will be visible to the public, so be sure to draft them accordingly. The declaration and the document(s) proposed to be filed under seal will not be publicly viewable.

Summary: Application, proposed order, redacted documents, and docket entry are public; declaration and sealed documents are not.

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Civil cases

Documents electronically filed under seal will not be accessible through the Notice of Electronic Filing ("NEF"). The filing party is therefore responsible for serving all sealed documents and attachments on opposing counsel by other means. A certificate of service must be included with every sealed filing and a copy of the NEF should be served with the sealed

Summary: Sealed documents are not accessible via NEF; filing party must serve them separately with certificate of service.

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Civil cases

A Word Perfect or Microsoft Word version of the proposed order must be emailed to chambers as required by L.R. 5-4.4.2, and mandatory chambers copies of e-filed sealed documents must be provided to chambers pursuant to L.R. 5-4.5, just as with any e-filed documents. However, mandatory chambers copies must be provided in sealed envelopes, with a copy of the title page attached to the front of each envelope. L.R. 79-5.2.2(a).

Summary: Chambers copies of sealed documents must be in sealed envelopes with title page attached.

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Civil cases

If you cannot file a sealed document electronically due to a technical failure of CM/ECF, you must file it in paper pursuant to L.R. 5-4.6.2. The original and the judge’s copy of all such documents must be submitted for filing in separate sealed envelopes, with a copy of the title page attached to the front of each envelope. An additional copy must be provided in PDF format on a CD. L.R. 79-5.2.

Summary: Paper filing of sealed documents requires sealed envelopes with title page and PDF on CD.

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Civil cases

The rule specifies that the Application, the proposed order, and the redacted documents will be publicly viewable, while the declaration and the unredacted documents will not.

Summary: Application, proposed order, and redacted documents are publicly viewable; declaration and unredacted documents are sealed.

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Civil cases

Accordingly, you must file the Application, the proposed order, and any redacted documents using one, non-sealed, event ("Leave to File Under Seal"), and the declaration and unredacted documents using another, sealed event ("Sealed Declaration in Support").

Summary: File Application, proposed order, and redacted documents as non-sealed event; file declaration and unredacted documents as sealed event.

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Civil cases

Print the NEF and serve it, the sealed declaration, and the unredacted document on opposing counsel.

Summary: Serve sealed documents by printing NEF and delivering sealed declaration and unredacted document to opposing counsel.

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Civil cases

Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Summary: Court order required to authorize filing of any sealed document; Application for Leave to File Under Seal must be filed first if no order exists.

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Civil cases

If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Document again.

Summary: Document upload screen must turn red to confirm sealed filing; if not red, restart the filing process.

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Civil cases

The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal. First, however, you will be presented with the option to link this Sealed Document to another document previously filed in the case. For instance, if the Sealed Document being filed is an exhibit to a summary judgment motion, check the box indicating that the document should be linked to another document in the case. If the Sealed Document does not need to be linked to another document, leave the box unchecked, and click “Next” to bypass the linking screen.

Summary: Sealed document must be linked to an Order granting leave to file under seal; optional linking to other case documents.

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Civil cases

You must next link your Sealed Document to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.”

Summary: Sealed documents must be linked to an existing order granting leave to file under seal.

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Civil cases

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing.

Summary: Sealed documents are restricted from viewing and not accessible through the Notice of Electronic Filing (NEF).

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Civil cases

Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Summary: Sealed documents must be served by printing NEF and serving both NEF and sealed document on opposing counsel.

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Civil cases

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Summary: Sealed documents must be served by other means; print and serve NEF with sealed document.

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Civil cases

Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Summary: Sealed documents must be served by other means; print and serve NEF with sealed document.

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Civil cases

Remember that this event is NOT restricted. Your Application for Leave for In Camera Review will be publicly visible, so do not include confidential information, and do not attach the documents you wish the Court to review in camera. If your Application is granted, you will be responsible for delivering copies of the documents directly to the judge’s chambers, in accordance with the judge’s procedures.

Summary: Application for Leave for In Camera Review is publicly visible; confidential documents must be delivered to chambers if granted.

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Criminal cases

REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND PROPOSED ORDER: Electronically file the application to seal and/or declaration giving notice or proof of service. During the electronic filing process, attach the proposed order to the application. See Local Rule 5-4.4.1.

Summary: To seal only the document(s), file the application and proposed order electronically, then email the sealed documents to chambers.

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Criminal cases

REQUEST TO SEAL THE APPLICATION, PROPOSED ORDER AND DOCUMENT(S): Electronically file a NOTICE Of MANUAL FILING indicating that an application to seal, declaration giving notice or proof of service, proposed order sealing and under seal documents have been submitted to the Court.

Summary: To seal the application, proposed order, and documents, file a notice of manual filing and email all materials to chambers.

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Civil cases

Proposed protective orders pertaining to discovery must be submitted to the assigned Magistrate Judge. Protective orders must not purport to allow any matters to be filed under seal in connection with dispositive motions (including a class certification motion) or trial without further Court order.

Summary: Protective orders must be submitted to Magistrate Judge and cannot allow sealing without further Court order.

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Civil cases

Parties must comply with all sections of Local Rule 79-5. The parties must also meet and confer before filing an application to seal.

Summary: Must comply with Local Rule 79-5 and meet and confer before filing application to seal.

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Civil cases

For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification that establishes 'good cause' or 'compelling reasons' for the matter should be protected.

Summary: Must identify factual/legal justification for 'good cause' or 'compelling reasons' to file under seal.

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Civil cases

Under Seal Filings: Applications to file documents under seal shall comply with Local Rule 79-5.2, and shall identify the specific material with supporting legal authority (i.e., rule, statute and/or case law) to support a good cause showing. A protective order signed by the parties does not establish good cause to file documents under seal with the Court.

Summary: Under seal filings must comply with LR 79-5.2 and show good cause with legal authority.

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The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the Court has authorized to be filed under seal.

Summary: Parties must file both sealed and redacted versions of documents when sealing is authorized.

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Sealing must be justified for each individual item: blanket claims of confidentiality will result in the application to seal being denied.

Summary: Sealing requests must be justified for each individual item; blanket claims will be denied.

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The parties also must meet and confer before filing an application to seal.

Summary: Parties must meet and confer before filing an application to seal.

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Local Rule 79-5 governs applications to file documents under seal. Local Rule 79-5.2.2 explains how to apply to file under seal and how to proceed if leave is granted. Parties must comply with all provisions of Local Rule 79-5. There is a strong presumption of access in civil actions. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification that establishes “good cause” or “compelling reasons” for the information to be protected. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1179–80 (9th Cir. 2006).

Summary: Applications to file documents under seal must comply with Local Rule 79-5 and demonstrate good cause or compelling reasons for sealing.

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documents filed under seal or in camera, every document shall be filed electronically in such a way that it is clear from the docketing entry to which defendant(s) it applies. The outer envelope containing any document filed under seal or in camera should identify the case title by the first-listed defendant and case number only and should state that the document is being filed under seal or in camera.

Summary: Sealed or in camera documents must be filed electronically with docket entries clearly indicating applicable defendants; outer envelopes must label case by first-listed defendant, case number, and sealed/in camera status.

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If the title of the document contains confidential information that should not be reflected on the public docket, parties must submit the document with two cover sheets. The first cover sheet must contain a generic title (e.g.: “SEALED APPLICATION”; “SEALED MOTION”; “SEALED PROPOSED ORDER”; or “SEALED DOCUMENT”), rather than the actual title of the document. The second cover sheet must contain the full, unredacted title of the document. Docket entries for documents filed under seal will include only the generic title.

Summary: Documents with confidential titles must be submitted with two cover sheets (generic first, unredacted second); docket entries use only the generic title.

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Any request to close the courtroom or seal the record (in whole or in part) must be made by the requesting party when checking in on the day of the hearing.

Summary: Requests to close the courtroom or seal the record for the Rule 11 hearing must be made when checking in on the hearing day.

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The Court does not permit sentencing documents to be filed under seal except as strictly necessary and justified. When necessary, a sentencing document may be filed under seal along with a redacted version that deletes the confidential information and that justifies each deletion (e.g., “medical information”).

Summary: Sentencing documents may only be filed under seal if strictly necessary and justified, and a redacted version with justifications for each deletion must be filed concurrently.

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Civil cases

No document will be filed under seal in its entirety unless it is shown in the application that it is not feasible to file a redacted version for public viewing.

Summary: Entirely sealed filings are not permitted unless the application shows redaction is infeasible.

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Civil cases

In accordance with Local Rule 79-5.1, absent authorization by rule or statute, no case or document(s) may be filed under seal without written application to, and prior approval by, the Court.

Summary: Absent rule/statute authorization, sealed filing requires a written application and prior court approval.

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Civil cases

An application to seal that is based solely on the existence of such an Order will be summarily denied.

Summary: Applications to seal based only on a protective or confidentiality order will be summarily denied.

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Civil cases

Rather, the party must provide competent evidence explaining why the document(s) should be filed under seal.

Summary: A party seeking sealing must provide competent evidence supporting sealing.

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Civil cases

No document will be filed under seal in its entirety unless it is shown in the application that it is not feasible to file a redacted version for public viewing. Any proposed redactions must be highlighted in the under seal version of the document so that the Court may readily determine what information the party or parties seek to maintain as confidential.

Summary: Documents cannot be filed under seal in entirety unless redaction is not feasible; redactions must be highlighted

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Civil cases

In accordance with Local Rule 79-5.1, absent authorization by rule or statute, no case or document(s) may be filed under seal without written application to, and prior approval by, the Court.

Summary: Documents cannot be filed under seal without written application and prior Court approval

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Civil cases

There is a strong presumption that the public has a right of access to records in civil cases. For non-dispositive motions, the party seeking to maintain the confidentiality of the document(s) or portions thereof must show good cause. For dispositive motions, the party seeking protection must articulate compelling reasons for maintaining the confidentiality of the document(s) and must seek relief that is narrowly tailored to the protected interest.

Summary: Sealing requires showing good cause for non-dispositive motions and compelling reasons for dispositive motions.

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Civil cases

No document will be filed under seal in its entirety unless it is shown in the application that it is not feasible to file a redacted version for public viewing. Any proposed redactions must be highlighted in the under seal version of the document so that the Court may readily determine what information the party or parties seek to maintain as confidential.

Summary: Documents must be filed with redactions unless redaction is not feasible; redactions must be highlighted in sealed version.

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Civil cases

In accordance with Local Rule 79-5.1, absent authorization by rule or statute, no case or document(s) may be filed under seal without written application to, and prior approval by, the Court.

Summary: Written application and prior court approval required for filing documents under seal.

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Civil cases

The existence of a Protective Order, a Stipulated Confidentiality Order, or the like, issued by the assigned Magistrate Judge relating to the treatment of documents produced during discovery, does not constitute a court Order permitting an under seal filing. An application to seal that is based solely on the existence of such an Order will be summarily denied.

Summary: Protective Orders or Confidentiality Orders do not authorize sealing; applications based solely on them will be denied.

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Civil cases

Before filing any sealed document, you must have leave of court. Even if a statute or rule authorizes the filing of a particular document under seal, you must obtain a court order in the case in which you plan to file that document.

Summary: Leave of court is required before filing any sealed document, even if a statute or rule authorizes sealing.

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Civil cases

If you are required to file a redacted version of a document, only the portions of the document that are confidential should be redacted. Be sure to add the word REDACTED in the caption of the document and in the docket text of the entry.

Summary: Redacted documents must have only confidential portions redacted and include 'REDACTED' in the caption and docket text.

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Civil cases

The rule specifies that the Application, the proposed order, and the redacted documents will be publicly viewable, while the declaration and the unredacted documents will not. Accordingly, you must file the Application, the proposed order, and any redacted documents using one, non-sealed, event (“Leave to File Under Seal”), and the declaration and unredacted documents using another, sealed event (“Sealed Declaration in Support”).

Summary: Public documents (Application, proposed order, redacted versions) filed via 'Leave to File Under Seal' event; sealed documents (declaration, unredacted versions) filed via 'Sealed Declaration in Support' event.

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Civil cases

The next screen is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Declaration in Support again.

Summary: The e-filing screen must turn red for sealed filings; if not, stop and restart the process.

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Civil cases

Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting "Statute," you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Summary: A court order is required to file any sealed document; if not obtained, an Application for Leave to File Under Seal must be filed first.

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Civil cases

The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal.

Summary: Sealed documents must be linked to the order granting leave to file under seal during the e-filing process.

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Civil cases

You must next link your Sealed Document to an Order granting leave to file the document under seal.

Summary: Sealed documents must be linked to an order granting leave to file under seal.

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Civil cases

Please note that this event can only be used to e-file a motion under seal if you have already obtained a court order granting leave to file that motion under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.

Summary: To e-file a sealed motion, you must first obtain a court order granting leave to file under seal.

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Civil cases

Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute.

Summary: A court order is required to file any sealed document; if no order exists, an Application for Leave to File Under Seal must be filed first.

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Civil cases

The Sealed Motion you are filing must be linked to an Order granting leave to file the document under seal.

Summary: Sealed motions must be linked to a prior order granting leave to file under seal.

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Civil cases

If you select "A Court Order" from the screen shown above, clicking "Next" twice will bring you to the document upload screen. The next screen is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Opposition again.

Summary: When filing a sealed opposition, the upload screen must turn red; if it does not, stop and restart the process.

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Civil cases

The Sealed Opposition you are filing must also be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click "Next."

Summary: A sealed opposition must be linked to a court order granting leave to seal; if no order exists, the filing cannot proceed.

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Civil cases

Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.

Summary: A sealed reply may only be e-filed if a court order granting leave to file under seal has already been obtained.

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Civil cases

The Sealed Reply you are filing must also be linked to an Order granting leave to file the document under seal.

Summary: A sealed reply must be linked to the order granting leave to file under seal.

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Civil cases

If the screen does not turn red, STOP; your documents will not be filed under seal.

Summary: The e-filing screen must turn red to confirm the document will be filed under seal; otherwise the process must stop.

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Civil cases

Remember that this event is NOT restricted. Your Application for Leave for In Camera Review will be publicly visible, so do not include confidential information, and do not attach the documents you wish the Court to review in camera.

Summary: The Application for Leave for In Camera Review is publicly visible and must not contain confidential information or the documents to be reviewed.

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Civil cases

Proposed protective orders pertaining to discovery must be submitted to the assigned Magistrate Judge. Protective orders must not purport to allow any matters to be filed under seal in connection with dispositive motions (including a class certification motion) or trial without a court order. The existence of a protective order alone does not authorize the filing of pleadings or other documents under seal in whole or in part.

Summary: Protective orders for discovery must be submitted to Magistrate Judge; cannot authorize sealing for dispositive motions or trial without court order.

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Civil cases

Local Rule 79-5 governs applications to file documents under seal. Local Rule 79-5.2.2 explains how to apply to file under seal and how to proceed if leave is granted. Parties must comply with all provisions of Local Rule 79-5.

Summary: Local Rule 79-5 governs applications to file documents under seal.

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Civil cases

Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the court has authorized to be filed under seal.

Summary: File complete sealed version and redacted public version when possible.

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Civil cases

Sealing must be justified for each individual item: blanket claims of confidentiality will result in the application to seal being denied. Counsel is strongly encouraged to consider carefully whether sealing or redaction is absolutely required for a given piece of evidence or argument. An application to seal that

Summary: Each item must be individually justified for sealing; blanket claims will be denied.

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Criminal cases

The outer envelope containing any document filed under seal or in camera should identify the case title by the first-listed defendant and case number only, and should state that the document is being filed under seal or in camera.

Summary: Sealed documents must be identified by first-listed defendant and case number only.

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Criminal cases

Parties should pay close attention to the title in the caption of every document submitted to the court for filing under seal. The title of the document will become part of the public docket text when it is entered on the docket, even though the document itself will be sealed. If the title of the document contains confidential information that should not be reflected on the public docket, parties must submit the document with two cover sheets. The first cover sheet must contain a generic title (e.g.: “SEALED APPLICATION”; “SEALED MOTION”; “SEALED PROPOSED

Summary: Sealed documents with confidential titles require two cover sheets with generic title.

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Civil cases

D. Filings Under Seal ...................................................................................... 15

Summary: Procedure exists for filings under seal.

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Criminal cases

The court does not permit sentencing documents to be filed under seal except as strictly necessary and justified. When necessary, a sentencing document may be filed under seal along with a redacted version that deletes the confidential information and that justifies each deletion (e.g., "medical information").

Summary: Sentencing documents may be filed under seal only when strictly necessary, with redacted version justifying deletions.

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Criminal cases

Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file both documents – a complete version of the pleadings and document(s) under seal, and a redacted version for public viewing – omitting only such portions as the court has ordered may be filed under seal.

Summary: Documents not entirely confidential or privileged must not be filed under seal if confidential portions can be reasonably redacted; parties must file both a sealed complete version and a redacted public version, omitting only court-ordered sealable portions.

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Criminal cases

Sealing must be justified for each individual item to be sealed or redacted. Blanket claims of confidentiality are not allowed and will result in a denial of the application to seal.

Summary: Each item sought to be sealed or redacted must be individually justified; blanket confidentiality claims are prohibited and will result in denial of the sealing application.

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Criminal cases

Indicate which of the three following actions will be taken if the application is denied: A. The documents should be returned to counsel; B. The clerk will destroy the chambers copy of the document(s); or C. Counsel will publicly file the document(s) for consideration by the Court.

Summary: Applications to seal (for sealing only certain documents) must indicate which action will be taken if the application is denied: return documents to counsel, clerk destroys chambers copy, or counsel publicly files documents.

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Civil cases

Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the court has authorized to be filed under seal.

Summary: File both sealed and redacted versions for confidential documents

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Civil cases

The parties also must meet and confer before filing an application to seal.

Summary: Meet and confer required before filing sealing application

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Criminal cases

79-5. Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file both versions of the documents: complete versions of the pleadings and documents under seal; and a redacted version for public viewing, omitting only such portions as the court has ordered may be filed under seal.

Summary: File both complete and redacted versions when partial redaction possible.

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Criminal cases

***The parties ARE ORDERED to place in brackets and highlight the portion(s) of the document text and/or exhibits that have been redacted on the un-redacted copies (sent via email and the chambers’ copy).***

Summary: Redacted portions must be bracketed and highlighted on unredacted copies.

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Criminal cases

Sealing must be justified for each individual item to be sealed or redacted; blanket claims of confidentiality are not allowed and will result in a denial of the application to seal.

Summary: Each item must be individually justified for sealing; blanket claims not allowed.

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Civil cases

Except as provided in section 9.2 below, this Court, the mediator, all counsel and parties, and any other persons attending the mediation shall treat as 'confidential information' the contents of the written mediation statements, any documents prepared for the purpose of, in the course of, or pursuant to the mediation, anything that happened or was said relating to the subject matter of the case in mediation, any position taken, and any view of the merits of the case expressed by any participant in connection with any mediation.

Summary: Mediation communications and documents are confidential.

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Civil cases

“Confidential information” shall not be: (a) disclosed to anyone not involved in the litigation; (b) disclosed to the assigned judges; or (c) used for any purpose, including impeachment, in any pending or future proceeding in this court or any other forum.

Summary: Confidential information cannot be disclosed or used in any proceeding.

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Civil cases

The rule specifies that the Application, the proposed order, and the redacted documents will be publicly viewable, while the declaration and the unredacted documents will not.

Summary: Application and redacted documents are public; declaration and unredacted documents are sealed.

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Civil cases

7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Summary: Court order required to file any sealed document; Application for Leave to File Under Seal needed if no order obtained.

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Civil cases

8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Document again.

Summary: Document upload screen must turn red to confirm sealed filing; if not red, restart filing process.

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Civil cases

You must next link your Sealed Document to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.”

Summary: Sealed documents must be linked to an existing order granting leave to file under seal.

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Civil cases

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing.

Summary: Sealed documents are restricted from viewing and not accessible through NEF.

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Civil cases

Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Summary: Sealed documents must be served by printing NEF and serving both NEF and sealed document on opposing counsel.

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Civil cases

Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Summary: Court order required to file any sealed document; Application for Leave to File Under Seal required if filing under statute without order.

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Civil cases

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Summary: Sealed documents must be served by other means; print and serve NEF with sealed document.

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Civil cases

Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.

Summary: Sealed Opposition event requires prior court order granting leave to file under seal.

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Civil cases

If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. The next screen is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Opposition again.

Summary: Document upload screen must turn red to confirm filing under seal; if not red, STOP and restart process.

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Civil cases

The Sealed Opposition you are filing must also be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.”

Summary: Sealed Opposition must be linked to an Order granting leave to file under seal.

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Civil cases

If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Reply again.

Summary: Document upload screen must turn red to confirm sealed filing; if not red, restart process.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Summary: Sealed documents must be served by other means; print and serve NEF with sealed document.

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Local Rule 79-5 governs applications to file documents under seal. Local Rule 79-5.2.2 explains how to apply to file under seal and how to proceed if leave is granted. Parties must comply with all provisions of Local Rule 79-5. There is a strong presumption of public access in civil actions. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification that establishes “good cause” or “compelling reasons” for the information to be protected. Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the Court has authorized to be filed under seal. Sealing must be justified for each individual item−blanket claims of confidentiality will result in the application to seal being denied. Counsel are strongly encouraged to consider carefully whether sealing or redaction is absolutely required for a given piece of evidence or argument. An application to seal that includes meritless requests to seal or redact documents will be denied. The parties also must meet and confer before filing an application to seal.

Summary: Under seal filings must comply with Local Rule 79-5, include individual good cause justification, redacted public versions, and meet and confer before filing.

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The outer envelope containing any document filed under seal or in camera should identify the case title by the first-listed defendant and case number only and should state that the document is being filed under seal or in camera.

Summary: Documents filed under seal/in camera must have outer envelopes identifying case by first-listed defendant and case number, stating seal/in camera status.

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The Court does not permit sentencing documents to be filed under seal except when strictly necessary and ordered by the Court. If approved by the Court, a sentencing document filed under seal must be accompanied by a redacted version that deletes the confidential information and that justifies each deletion (e.g., “medical information”).

Summary: Sentencing documents may be filed under seal only with court approval and must include redacted version with deletion justifications.

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Criminal cases

In all instances, the filer must first electronically file a Notice of Manual Filing on the public docket. All documents related to under-seal filings must then be emailed to the CRD at the email address that appears in the footer of this document.

Summary: File Notice of Manual Filing on public docket, then email under-seal documents to CRD.

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Criminal cases

Unless there is good cause for filing the entire document under seal, the filer must specifically identify those portions of the document that should be sealed. To do this, the filer must email two versions the document: (1) for the Court’s review, a version highlights in yellow those portions of the document that should be sealed, and (2) an unhighlighted version (for under seal filing).

Summary: Email two versions: one with yellow highlights for sealable portions, one unhighlighted for filing.

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Criminal cases

If the Court GRANTS the application to seal, the CRD will file the relevant document(s) under seal and will email conformed copies of the under-seal filings to the filer. The filer must promptly serve conformed copies of under-seal filings on the other party via email and must, within 24 hours of receiving the conformed copies, electronically file on the public docket proof of such service that includes the information set forth in Local Civil Rule 5-3.1.2.

Summary: Granted seal applications result in under-seal filing; filer must serve and file proof of service within 24 hours.

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Criminal cases

If ordered to do so, within 3 days of the entry of the Court’s Order, the filer must electronically file public redacted versions of any under-seal documents. Redactions must be limited to those portions previously identified for the Court in yellow highlighting.

Summary: File public redacted versions within 3 days of Court order; redactions limited to previously identified portions.

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Civil cases

Counsel are directed to consider carefully whether to seek leave to file documents under seal. The procedure for obtaining leave is lengthy. Applications must in all instances be supported by good cause, and at times are subjected to an even higher standard. Most of the time, documents may not be filed under seal in their entirety, and appropriately redacted documents must still be filed on the public docket.

Summary: Sealing applications require good cause and usually need redacted versions filed publicly.

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Civil cases

When seeking leave to file any material under seal in a civil case, the parties and counsel are directed to fully comply with all steps of the multi-step procedure set forth in Local Rule 79-5. The parties are directed to follow the instructions in the Guide to Electronically Filing Under-Seal Documents in Civil Cases which is attached in PDF format to Judge Staton’s Procedures web page.

Summary: Sealing applications must follow Local Rule 79-5 and Judge Staton's electronic filing guide.

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Civil cases

Counsel are reminded that there is a strong presumption that the public has a right of access to records in civil cases. For materials related to non-dispositive motions, the Designating Party must show good cause for the materials to be filed and maintained under seal. For materials related to dispositive motions, the standard is higher, and the Designating Party must articulate compelling reasons for maintaining the confidentiality of the document(s) and must seek relief that is narrowly tailored to the protected interest. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 667-79 (9th Cir. 2010).

Summary: Public access presumption applies; good cause needed for non-dispositive, compelling reasons for dispositive motions.

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The Court requires strict compliance with Local Rule 79-5, which governs applications to file documents under seal.

Summary: Strict compliance with Local Rule 79-5 required for sealing applications.

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

Summary: Motion to seal must state which standard applies and explain why.

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The filing party must make a specific showing explaining why each document that it seeks to seal may justifiably be sealed and why the proposed redactions are as narrowly tailored as possible, rather than making a blanket statement about the grounds for sealing.

Summary: Must provide specific justification for each document to be sealed, not blanket statements.

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The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the Court has authorized to be filed under seal.

Summary: File complete sealed version and redacted public version, omitting only authorized portions.

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Sealing must be justified for each individual item—blanket claims of confidentiality will result in the application to seal being denied.

Summary: Sealing must be justified for each item; blanket confidentiality claims will be denied.

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The parties also must meet and confer before filing an application to seal.

Summary: Parties must meet and confer before filing sealing application.

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Criminal cases

All applications must provide reasons why the parties’ interest in filing the document(s) under seal outweighs the public’s right to access. Sealing must be justified for each individual item to be sealed or redacted. Blanket claims of confidentiality are not allowed and will result in a denial of the application to seal.

Summary: Must justify sealing for each item; blanket confidentiality claims are not allowed.

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Civil cases

The Sealed Motion you are filing must be linked to an Order granting leave to file the document under seal.

Summary: Sealed motion must be linked to an order granting leave to file under seal.

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Civil cases

Before filing any sealed document, you must have leave of court. Even if a statute or rule authorizes the filing of a particular document under seal, you must obtain a court order in the case in which you plan to file that document. Accordingly, you must first electronically file an Application for Leave to File Under Seal, following the instructions set forth below at page 5.

Summary: Leave of court is required before filing any sealed document; must file an Application for Leave to File Under Seal.

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Civil cases

Once leave to file a document under seal has been granted, the party that requested leave to file under seal must proceed to file the document. Clerk's Office staff will not do this for you. If you obtain leave to file a document under seal, you must follow through and file it under seal, or you will not be able to rely on the document in the case.

Summary: After leave is granted, the party must file the sealed document themselves; clerk will not do it.

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Civil cases

For instance, if you obtain leave to file a motion to dismiss under seal, you must then file your motion to dismiss, using the "Sealed Motion" event under the "Under Seal Filing Events" menu, following the instructions set forth below at page 22. Likewise, if you obtain leave to file an exhibit to a summary judgment motion under seal, you must then proceed to file your summary judgment motion using a regular motion event, then file the sealed exhibit using the "Sealed Document" event on the "Under Seal Filing" menu, and link it to your summary judgment motion, following the instructions set forth below at page 15. Any document filed under seal must also be linked to the court order granting permission to so file. See L.R. 79-5.2.2 (c) (eff. 12/1/15).

Summary: Sealed motions must be filed using 'Sealed Motion' event; sealed exhibits must be filed using 'Sealed Document' event and linked to the main motion; all sealed documents must be linked to the court order granting leave.

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Civil cases

If you are required to file a redacted version of a document, only the portions of the document that are confidential should be redacted. Be sure to add the word REDACTED in the caption of the document and in the docket text of the entry.

Summary: When filing a redacted document, redact only confidential portions and add 'REDACTED' in the caption and docket text.

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Civil cases

The rule specifies that the Application, the proposed order, and the redacted documents will be publicly viewable, while the declaration and the unredacted documents will not.

Summary: The Application, proposed order, and redacted documents are filed publicly; the declaration and unredacted documents are filed under seal.

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Civil cases

The docketing sequence for the first step of this two-step process (i.e., filing the Application and unsealed attachments) has been completed. You must now continue to the second step (filing the Declaration and sealed attachments) to complete the process.

Summary: Filing under seal requires a two-step process: first file the Application for Leave to File Under Seal with unsealed attachments, then file the Declaration and sealed attachments.

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Civil cases

The next screen is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Declaration in Support again.

Summary: When filing a sealed declaration in support, the upload screen must turn red; if it does not, the documents will not be filed under seal and the process must be restarted.

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Civil cases

Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal.

Summary: A court order granting leave to file under seal is required before using the Sealed Document e-filing event.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Summary: A court order is required before filing any sealed document; if no order, file an Application for Leave to File Under Seal first.

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Civil cases

You must next link your Sealed Document to an Order granting leave to file the document under seal.

Summary: Sealed documents must be linked to an order granting leave to file under seal.

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Civil cases

Please note that this event can only be used to e-file a motion under seal if you have already obtained a court order granting leave to file that motion under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.

Summary: A court order granting leave to file under seal is required before e-filing a sealed motion using the Sealed Motion event.

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Civil cases

Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting "Statute," you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Summary: A court order is required to file any sealed document; if no order exists, an Application for Leave to File Under Seal must be filed first.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Summary: A court order is required to file any sealed document; if no order exists, an Application for Leave to File Under Seal must be filed first.

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Civil cases

The Sealed Opposition you are filing must also be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.”

Summary: A sealed opposition must be linked to an existing court order granting leave to file under seal.

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Civil cases

Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.

Summary: A court order granting leave to file under seal is required before e-filing a sealed reply.

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Civil cases

If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Reply again.

Summary: When filing a sealed reply, the upload screen must turn red; if not, stop and restart the process.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The Sealed Reply you are filing must also be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case.

Summary: Sealed Reply must be linked to an Order granting leave to file under seal; if no order exists, docketing cannot continue.

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Criminal cases

Counsel for the government shall file with the Court in camera (under seal) all statements of all witnesses to be called by the government in its case-in-chief. Such statements shall be filed at least five (5) calendar days before trial.

Summary: Government must file witness statements under seal at least 5 days before trial.

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Criminal cases

When the Application Requesting Sealing and Order Sealing are NOT Under Seal... The filer will electronically file the Application and attach the Proposed Order to the Application in the normal e-filing procedure. The filer will deliver the following documents to the Intake Window: one conformed copy of the application, one copy of the proposed order, and one copy of the proposed under seal document. (These are the Court's Mandatory Chambers Copies) NO envelopes are used.

Summary: When the sealing application and order are not under seal, the filer e-files the application and proposed order, and delivers mandatory chambers copies (conformed application, proposed order, proposed under seal document) to the Intake Window without envelopes.

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Criminal cases

When the Application Requesting Sealing and the Order Sealing ARE Under Seal... The filer delivers the following documents to the Intake Window: one copy of the application, one copy of the proposed order, one copy of the proposed under seal document, and the Notice of Manual Filing. (These are the Court's Mandatory Chambers Copies) NO envelopes are used.

Summary: When the sealing application and order are under seal, the filer delivers mandatory chambers copies (application, proposed order, proposed under seal document, and Notice of Manual Filing) to the Intake Window without envelopes; no e-filing occurs.

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Criminal cases

When the ENTIRE Case is Under Seal... The filer delivers a copy of each document, with the applicable proof of service, to be filed in the action to the Intake Window. No Notice of Manual Filing is required because you are not able to e-file in a sealed action. (These are the Court's Mandatory Chambers Copies) NO envelopes are used.

Summary: When the entire case is under seal, the filer delivers copies of all documents with proof of service to the Intake Window; no e-filing or Notice of Manual Filing is required.

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Criminal cases

Counsel shall comply with L. Cr. R. 49-1 with respect to serving and filing criminal documents under seal. All applications must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding. Counsel are ordered to meet and confer in person or by telephone at least seven (7) calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing. Not later than two (2) calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing. Any application for under seal filing, whether or not opposed, shall contain the dates and method by which the parties met and conferred. If such information is not provided, the application will be denied without prejudice to an amended application being filed that complies with the foregoing terms.

Summary: Under seal applications require meet-and-confer 7 days before filing, with confirmation within 2 days.

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Criminal cases

Indicate which of the three following actions will be taken if the application is denied: (i) Counsel will file the document(s) in their entirety for public view and consideration by the Court; (ii) Counsel will contact the Courtroom Deputy Clerk to pick up any chambers' copy(ies) of the document(s) within 24 hours; or (iii) Counsel will request that the Courtroom Deputy Clerk destroy any chambers' copy(ies) of the document(s).

Summary: Must specify action if seal application is denied: file publicly, pick up chambers copies within 24 hours, or request destruction.

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Criminal cases

The Government shall file in camera a witness list no later than fourteen (14) calendar days prior to the Final Pretrial Conference.

Summary: Government must file in camera witness list 14 days before Final Pretrial Conference

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Criminal cases

Counsel shall comply with L. Cr. R. 49-1 with respect to serving and filing criminal documents under seal. All applications must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding. Counsel are ordered to meet and confer in person or by telephone at least seven (7) calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing. Not later than two (2) calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing. Any application for under seal filing, whether or not opposed, shall contain the dates and method by which the parties met and conferred. If such information is not provided, the application will be denied without prejudice to an amended application being filed that complies with the foregoing terms.

Summary: Under seal applications require meet-and-confer 7 days before filing, with confirmation within 2 days.

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Criminal cases

Indicate which of the three following actions will be taken if the application is denied: (i) Counsel will file the document(s) in their entirety for public view and consideration by the Court; (ii) Counsel will contact the Courtroom Deputy Clerk to pick up any chambers' copy(ies) of the document(s) within 24 hours; or (iii) Counsel will request that the Courtroom Deputy Clerk destroy any chambers' copy(ies) of the document(s).

Summary: Must specify action if seal application is denied: file publicly, pick up chambers copies within 24 hours, or request destruction.

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Criminal cases

The Government shall file in camera a witness list no later than fourteen (14) calendar days prior to the Final Pretrial Conference.

Summary: Government must file in camera witness list 14 days before Final Pretrial Conference

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Civil cases

Counsel shall comply with Local Rule 79-5. All applications must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding.

Summary: Applications to file under seal must explain why confidentiality outweighs public access rights.

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Civil cases

Counsel are ordered to meet and confer in person or by telephone at least seven (7) calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing.

Summary: Meet and confer required at least 7 days before filing sealing application.

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Civil cases

Not later than two (2) calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing.

Summary: Non-proposing party must confirm agreement/opposition to sealing within 2 days after meet and confer.

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Civil cases

Any application for under seal filing, whether or not opposed, shall contain the dates and method by which the parties met and conferred.

Summary: Sealing applications must include meet and confer dates and methods.

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Civil cases

The application for leave to file under seal shall be filed on the public docket and shall attach a proposed order pursuant to Local Rule 5-4.4.1 and Local Rule 5-4.4.2.

Summary: Sealing applications must be filed on public docket with proposed order.

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Civil cases

The unredacted version of any document(s) shall be filed under seal. It may be attached to the declaration that supports the application, if the declaration is sealed and is filed as its own docket entry. Otherwise, it shall be filed as its own docket entry.

Summary: Unredacted documents must be filed under seal, either attached to sealed declaration or as separate entry.

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Civil cases

The title shall include “Unredacted” or “Sealed” as the first word of the title of the document.

Summary: Sealed document titles must begin with “Unredacted” or “Sealed”.

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Civil cases

Any sealed document must clearly mark the information that is confidential or privileged via highlighting in color and/or using brackets.

Summary: Confidential/privileged information in sealed documents must be highlighted or bracketed.

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Civil cases

If the application is granted, counsel shall file: (i) The unredacted version of the entire document as its own docket entry. The title shall include “Unredacted” or “Sealed” as the first word of the title of the document. Any information that has been redacted or omitted from the public filing must be clearly marked via highlighting in color and/or using brackets.

Summary: If sealing granted, file unredacted version with highlighting/brackets for redacted content.

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Civil cases

(ii) The redacted version of the entire document as its own docket entry. Unless otherwise stated in the order granting the application, a redacted version is required of all sealed documents. The title shall include “Redacted” as the first word of the title of the document.

Summary: If sealing granted, file redacted version with “Redacted” in title.

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Civil cases

Any information that is confidential or privileged must be blacked out or a page shall be inserted with the title of the document that indicates that the entire document is sealed.

Summary: Confidential/privileged information must be blacked out or document marked as entirely sealed.

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Civil cases

Closely related materials filed at the same time where some are proposed to be filed under seal and others will not be sealed shall be considered as a single document and filed as a single docket entry containing multiple attachments.

Summary: Closely related materials filed together must be considered a single document for sealing purposes.

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Civil cases

• one unredacted/sealed docket entry with the documents to include the declaration with all exhibits, including sealed exhibits, e-filed as an attachment to the declaration;

Summary: File one unredacted/sealed docket entry with declaration and all exhibits, including sealed exhibits.

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Civil cases

• a separate redacted docket entry with the documents to include the declaration with all exhibits, including redacted exhibits, e-filed as an attachment to the declaration.

Summary: File a separate redacted docket entry with declaration and all exhibits, including redacted exhibits.

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Civil cases

This Order does not automatically authorize the filing under seal of material designated under this Order. Instead, the parties must comply with Local Rule 79-5.1 and this Order if they seek to file anything under seal.

Summary: Filing under seal requires compliance with Local Rule 79-5.1 and this Order.

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Civil cases

Any party or non-party who designates information or items for protection under this Order as "CONFIDENTIAL," "HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY," or "HIGHLY CONFIDENTIAL – SOURCE CODE" (a "designator") must only designate specific material that qualifies under the appropriate standards.

Summary: Only specific material qualifying under appropriate standards may be designated for protection.

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Civil cases

Designation under this Order is allowed only if the designation is necessary to protect material that, if disclosed to persons not authorized to view it, would cause competitive or other recognized harm.

Summary: Designation is allowed only if necessary to protect material from competitive or recognized harm.

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Civil cases

If a designator learns that information or items that it designated for protection do not qualify for protection at all or do not qualify for the level of protection initially asserted, that designator must promptly notify all parties that it is withdrawing the mistaken designation.

Summary: Designators must promptly notify parties when withdrawing mistaken designations.

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Civil cases

Designation under this Order requires the designator to affix the applicable legend ("CONFIDENTIAL," "HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY," or "HIGHLY CONFIDENTIAL – SOURCE CODE") to each page that contains protected material.

Summary: Designators must affix applicable legend to each page containing protected material.

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Civil cases

For testimony given in deposition or other proceeding, the designator shall specify all protected testimony and the level of protection being asserted. It may make that designation during the deposition or proceeding, or may invoke, on the record or by written notice to all parties on or before the next business day, a right to have up to 21 days from the deposition or proceeding to make its designation.

Summary: Designators have up to 21 days from deposition to designate protected testimony.

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Civil cases

A party or non-party that makes original documents or materials available for inspection need not designate them for protection until after the inspecting party has identified which material it would like copied and produced. During the inspection and before the designation, all material shall be treated as HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY.

Summary: Material available for inspection is treated as HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY until designation.

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Civil cases

Parties shall give advance notice if they expect a deposition or other proceeding to include designated material so that the other parties can ensure that only authorized individuals are present at those proceedings when such material is disclosed or used.

Summary: Parties must give advance notice for depositions with designated material.

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Civil cases

Transcripts containing designated material shall have a legend on the title page noting the presence of designated material, and the title page shall be followed by a list of all pages (including line numbers as appropriate) that have been designated, and the level of protection being asserted.

Summary: Transcripts with designated material must have legend and page list with protection levels.

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Civil cases

Any transcript that is prepared before the expiration of the 21-day period for designation shall be treated during that period as if it had been designated HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY unless otherwise agreed.

Summary: Transcripts prepared before 21-day designation period are treated as HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY.

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Civil cases

If the designator promptly seeks a protective order, the party served with the subpoena or court order shall not produce any information designated in this action as CONFIDENTIAL, HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL – SOURCE CODE before a determination by the court where the subpoena or order issued, unless the party has obtained the designator’s permission.

Summary: Do not produce confidential material until protective order determination unless designator permits.

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Civil cases

Without written permission from the designator or a Court order, a party may not file in the public record in this action any designated material. A party seeking to file under seal any designated material must comply with Local Rule 79-5. Filings may be made under seal only pursuant to a court order authorizing the sealing of the specific material at issue. The fact that a document has been designated under this Order is insufficient to justify filing under seal.

Summary: Filing designated material under seal requires court order or designator permission, not just designation.

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Civil cases

Because a party other than the designator will often be seeking to file designated material, cooperation between the parties in preparing, and in reducing the number and extent of, requests for under seal filing is essential. Accordingly, counsel are ordered to meet and confer in person or by telephone at least seven (7) calendar days prior to the filing of an application wherein the basis for the sealing is that it has been deemed confidential by the other party. Not later than two (2) calendar days after the meet and confer process, the opposing party shall confirm whether such information shall be designated as confidential or whether it can be made available to the public. Such an application shall contain the dates and method by which the parties met and conferred otherwise it will be denied without prejudice to an amended application being filed after counsel have completed this process.

Summary: Meet and confer required 7 days before sealing application; opposing party must respond within 2 days.

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Civil cases

If a receiving party's request to file designated material under seal pursuant to Local Rule 79-5.1 is denied by the Court, then the receiving party may file the material in the public record unless (1) the designator seeks reconsideration within four (4) days of the denial, or (2) as otherwise instructed by the Court.

Summary: Denied sealing requests may be filed publicly unless designator seeks reconsideration within 4 days.

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Civil cases

Within 60 days after the final disposition of this action, each party shall return all designated material to the designator or destroy such material, including all copies, abstracts, compilations, summaries and any other format reproducing or capturing any designated material. The receiving party must submit a written certification to the designator by the 60-day deadline that (1) identifies (by category, where appropriate) all the designated material that was returned or destroyed, and (2) affirms that the receiving party has not retained any copies, abstracts, compilations, summaries or any other format reproducing or capturing any of the designated material.

Summary: Return or destroy all designated material within 60 days of final disposition with written certification.

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Criminal cases

Counsel shall comply with L. Cr. R. 49-1 with respect to serving and filing criminal documents under seal. All applications must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding.

Summary: Sealed documents must comply with L. Cr. R. 49-1 and justify confidentiality over public access.

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Criminal cases

Counsel are ordered to meet and confer in person or by telephone at least seven (7) calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing. Not later than two (2) calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing.

Summary: Meet and confer required 7 days before sealing application; non-proposing party must respond within 2 days.

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Criminal cases

Any application for under seal filing, whether or not opposed, shall contain the dates and method by which the parties met and conferred. If such information is not provided, the application will be denied without prejudice to an amended application being filed that complies with the foregoing terms.

Summary: Sealing applications must include meet and confer dates and method; missing information results in denial without prejudice.

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do not include confidential information

Summary: Confidential information must not be included in the public Application for Leave for In Camera Review.

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Before filing any sealed document, you must have leave of court. Even if a statute or rule authorizes the filing of a particular document under seal, you must obtain a court order in the case in which you plan to file that document. Accordingly, you must first electronically file an Application for Leave to File Under Seal, following the instructions set forth below at page 5.

Summary: Leave of court via Application for Leave to File Under Seal is required before filing any sealed document.

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Once leave to file a document under seal has been granted, the party that requested leave to file under seal must proceed to file the document. Clerk’s Office staff will not do this for you. If you obtain leave to file a document under seal, you must follow through and file it under seal, or you will not be able to rely on the document in the case. For instance, if you obtain leave to file a motion to dismiss under seal, you must then file your motion to dismiss, using the “Sealed Motion” event under the “Under Seal Filing Events” menu, following the instructions set forth below at page 22. Likewise, if you obtain leave to file an exhibit to a summary judgment motion under seal, you must then proceed to file your summary judgment motion using a regular motion event, then file the sealed exhibit using the “Sealed Document” event on the “Under Seal Filing” menu, and link it to your summary judgment motion, following the instructions set forth below at page 15. Any document filed under seal must also be linked to the court order granting permission to so file. See L.R. 79-5.2.2 (c) (eff. 12/1/15).

Summary: After leave to file under seal is granted, the party must file the sealed document using the correct CM/ECF events and link it to the granting court order.

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If you are required to file a redacted version of a document, only the portions of the document that are confidential should be redacted. Be sure to add the word REDACTED in the caption of the document and in the docket text of the entry.

Summary: Redacted documents must only redact confidential portions and include 'REDACTED' in the caption and docket text.

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The rule specifies that the Application, the proposed order, and the redacted documents will be publicly viewable, while the declaration and the unredacted documents will not. Accordingly, you must file the Application, the proposed order, and any redacted documents using one, non-sealed, event (“Leave to File Under Seal”), and the declaration and unredacted documents using another, sealed event (“Sealed Declaration in Support”).

Summary: Publicly viewable documents must be filed via non-sealed event 'Leave to File Under Seal'; sealed documents via sealed event 'Sealed Declaration in Support'.

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Under “Main Document,” click the “Browse” button, and a file upload box will appear. Navigate to your “Application for Leave to File Under Seal” and select the file, then click “Open.” Under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your “Redacted Document” and “Proposed Order” are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” Select “Application” for your moving document, and click “Next.”

Summary: To file an initial Application for Leave to File Under Seal in civil cases, upload the application PDF as the main document, upload the redacted document and proposed order as attachments with correct categories, and select 'Application' as the moving document.

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On the next screen, in the second free text field, enter the title of the document which you are seeking leave to file under seal. Remember that the docket entry text will be publicly visible, so do not include confidential information here. Click “Next.”

Summary: Docket entry text for Applications for Leave to File Under Seal is publicly visible and must not contain confidential information.

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This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Declaration in Support again.

Summary: When e-filing a Sealed Declaration in Support, the upload screen must turn red; if not, the filing is invalid and the process must be restarted.

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Under “Attachments,” click the “Browse” button, and a file upload screen will appear. Navigate to where your “Unredacted Document” is saved, and select “Open.” In the corresponding “Category” field, select “Unredacted Document” from the drop down list. Repeat if attaching multiple unredacted documents. Click “Next.”

Summary: When e-filing a Sealed Declaration in Support, unredacted documents must be uploaded as attachments with the category “Unredacted Document” selected.

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Note the message indicating that you will be required to link your Declaration to the Application for Leave to File Under Seal to which it relates.

Summary: A Declaration must be linked to the corresponding Application for Leave to File Under Seal.

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Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.

Summary: E-filing a sealed document via the Sealed Document event requires a prior court order granting leave to file under seal; otherwise, e-filing cannot be completed.

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7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Summary: Local Rule requires court order to file sealed documents; if no order, must first file Application for Leave to File Under Seal, cannot proceed without order.

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You must next link your Sealed Document to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.”

Summary: Sealed documents must be linked to an order granting leave to file under seal; docketing cannot continue if no such order exists.

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Please note that this event can only be used to e-file a motion under seal if you have already obtained a court order granting leave to file that motion under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.

Summary: A court order granting leave to file a motion under seal must be obtained prior to filing a sealed motion.

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Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Summary: Local Rule requires court order to file any sealed document; if no order, must first file Application for Leave to File Under Seal, even if statute authorizes sealing, and cannot proceed without the order.

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The Sealed Motion you are filing must be linked to an Order granting leave to file the document under seal.

Summary: Sealed motions must be linked to an order granting leave to file the document under seal.

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Civil cases

When seeking leave to file any material under seal in a civil case, the parties and counsel are directed to fully comply with all steps of the multi-step procedure set forth in Local Rule 79-5. The parties are directed to follow the instructions in the Guide to Electronically Filing Under-Seal Documents in Civil Cases which is attached in PDF format to Judge Staton’s Procedures web page.

Summary: Sealing requires compliance with Local Rule 79-5 and attached PDF guide.

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Where possible, counsel (and pro se litigants) must avoid requesting the sealing of the application to seal, supporting declarations, and proposed order unless those documents also contain information that should be sealed. Overbroad requests to seal applications, declarations, and orders may be summarily denied. In all instances, the filer must first electronically file a Notice of Manual Filing on the public docket. All documents related to under-seal filings must then be emailed to the CRD at the email address that appears in the footer of this document. The application to seal and/or supporting declaration(s) must advise the Court whether the opposing party objects to proposed under-seal filing. Unless there is good cause for filing the entire document under seal, the filer must specifically identify those portions of the document that should be sealed. To do this, the filer must email two versions the document: (1) for the Court’s review, a version highlights in yellow those portions of the document that should be sealed, and (2) an unhighlighted version (for under seal filing). If the application to seal is DENIED, the CRD will delete the emailed PDF file(s). The CRD will not file any document(s) on the public docket. If the Court GRANTS the application to seal, the CRD will file the relevant document(s) under seal and will email conformed copies of the under-seal filings to the filer.

Summary: Parties filing documents under seal in criminal cases must follow specified procedures, including avoiding overbroad sealing requests, e-filing a Notice of Manual Filing, emailing under-seal documents to CRD, and submitting two document versions for review.

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Where possible, counsel (and pro se litigants) must avoid requesting the sealing of the application to seal, supporting declarations, and proposed order unless those documents also contain information that should be sealed. Overbroad requests to seal applications, declarations, and orders may be summarily denied. In all instances, the filer must first electronically file a Notice of Manual Filing on the public docket. All documents related to under-seal filings must then be emailed to the CRD at the email address that appears in the footer of this document. The application to seal and/or supporting declaration(s) must advise the Court whether the opposing party objects to proposed under-seal filing. Unless there is good cause for filing the entire document under seal, the filer must specifically identify those portions of the document that should be sealed. To do this, the filer must email two versions the document: (1) for the Court’s review, a version highlights in yellow those portions of the document that should be sealed, and (2) an unhighlighted version (for under seal filing). If the application to seal is DENIED, the CRD will delete the emailed PDF file(s). The CRD will not file any document(s) on the public docket. If the Court GRANTS the application to seal, the CRD will file the relevant document(s) under seal and will email conformed copies of the under-seal filings to the filer.

Summary: Parties filing documents under seal in criminal cases must follow specified procedures, including avoiding overbroad sealing requests, e-filing a Notice of Manual Filing, emailing under-seal documents to CRD, and submitting two document versions for review.

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Counsel are directed to consider carefully whether to seek leave to file documents under seal. The procedure for obtaining leave is lengthy. Applications must in all instances be supported by good cause, and at times are subjected to an even higher standard. Most of the time, documents may not be filed under seal in their entirety, and appropriately redacted documents must still be filed on the public docket. When seeking leave to file any material under seal in a civil case, the parties and counsel are directed to fully comply with all steps of the multi-step procedure set forth in Local Rule 79-5. The parties are directed to follow the instructions in the Guide to Electronically Filing Under-Seal Documents in Civil Cases which is attached in PDF format to Judge Staton’s Procedures web page. Counsel are reminded that there is a strong presumption that the public has a right of access to records in civil cases. For materials related to non-dispositive motions, the Designating Party must show good cause for the materials to be filed and maintained under seal. For materials related to dispositive motions, the standard is higher, and the Designating Party must articulate compelling reasons for maintaining the confidentiality of the document(s) and must seek relief that is narrowly tailored to the protected interest. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 667-79 (9th Cir. 2010).

Summary: Civil cases seeking to file under seal must comply with Local Rule 79-5, with good cause required for non-dispositive and compelling reasons for dispositive motions.

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Civil cases

If Court GRANTS the Application, the Filing Party must PREPARE and E-FILE UNDER SEAL an unredacted, non-highlighted version of the document, properly labeled with “FILED UNDER SEAL PURSUANT TO ORDER OF COURT DATED _______”

Summary: Grant requires filing unredacted document under seal with specific label.

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Civil cases

If the Court DENIES the Application, the Filing Party must either: PREPARE and publicly E-FILE an unredacted, non-highlighted version, OR the Filing Party must UNDERSTAND that the document that was sought to be filed under seal will not be considered by the Court.

Summary: Denied application requires public filing or document not considered.

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Civil cases

If the Court GRANTS IN PART AND DENIES IN PART the Application, the Filing Party must E-FILE a revised redacted version on the public docket that redacts only the material the Court has identified as subject to under seal protection.

Summary: Partial grant requires public filing of redacted version.

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Civil cases

The Filing Party must also PREPARE and E-FILE UNDER SEAL an unredacted, non-highlighted version of the document, properly labeled with “FILED UNDER SEAL PURSUANT TO ORDER OF COURT DATED _______”

Summary: Partial grant also requires filing unredacted document under seal.

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Civil cases

DOCUMENTS TO BE SUBMITTED IN CAMERA REQUIRE ADDITIONAL SPECIAL HANDLING.

Summary: In camera documents require special handling.

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Civil cases

Material may not be designated if it has been made public, or if designation is otherwise unnecessary to protect a secrecy interest.

Summary: Material may not be designated as confidential if it is public or designation is unnecessary to protect a secrecy interest.

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Civil cases

If a designator learns information or items it designated for protection do not qualify for protection at all or do not qualify for the level of protection initially asserted, that designator must promptly notify all parties it is withdrawing the mistaken designation.

Summary: Designators must promptly notify all parties of withdrawn mistaken confidentiality designations.

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Civil cases

a. A party or non-party that makes original documents or materials available for inspection need not designate them for protection until after the inspecting party has identified which material it would like copied and produced. During the inspection and before the designation, all material shall be treated as HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY. After the inspecting party has identified the documents it wants copied and produced, the producing party must designate the documents, or portions thereof, that qualify for protection under this Order.

Summary: Original documents for inspection need not be designated until inspecting party identifies desired copies; pre-designation material is treated as HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Any transcript prepared before the expiration of the twenty-one (21) day period for designation shall be treated during that period as if it had been designated HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY unless otherwise agreed. After the expiration of the twenty-one (21) day period, the transcript shall be treated only as actually designated.

Summary: Transcripts prepared before the 21-day designation period expires are treated as HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY during that period, then as actually designated.

Machine summary. Not checked yet.CRITICAL?

Civil cases

A receiving party may use designated material only for this litigation. Designated material may be disclosed only to the categories of persons and under the conditions described in this Order.

Summary: Designated material may only be used for this litigation and disclosed per order terms.

Machine summary. Not checked yet.CRITICAL?

Civil cases

If production of source code is necessary, a party may designate it as HIGHLY CONFIDENTIAL – SOURCE CODE if it is, or includes, confidential, proprietary, or trade secret source code.

Summary: Source code that is confidential, proprietary, or trade secret may be designated as HIGHLY CONFIDENTIAL – SOURCE CODE.

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Civil cases

Any HIGHLY CONFIDENTIAL – SOURCE CODE produced in discovery shall be made available for inspection, in a format allowing it to be reasonably reviewed and searched, during normal business hours or at other mutually agreeable times, at an office of the designating party’s counsel or another mutually agreeable location. The source code shall be made available for inspection on a secured computer in a secured room, and the inspecting party shall not copy, remove, or recordable device.

Summary: HIGHLY CONFIDENTIAL – SOURCE CODE must be inspected on a secured computer in a secured room, with no copying or recording allowed.

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Civil cases

The inspecting party shall maintain a record of any individual who has inspected any portion of the source code in electronic or paper form, and shall maintain all paper copies of any printed portions of the source code in a secured, locked area. The inspecting party shall not convert any of the information contained in the paper copies into any electronic format other than for the preparation of a pleading, exhibit, expert report, discovery document, deposition transcript, or other Court document. Any paper copies used during a deposition shall be retrieved at the end of each day and must not be left with a court reporter or any other unauthorized individual.

Summary: Inspecting parties must track source code access, secure paper copies, and limit electronic conversion of paper copies.

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Civil cases

Without written permission from the designator or a Court order, a party may not file any designated material in the public record in this action. A party seeking to file under seal any designated material must comply with Local Rule 79-5. Filings may be made under seal only pursuant to a Court order authorizing the sealing of the specific material at issue. The fact that a document has been designated under this Order is insufficient to justify filing under seal. Instead, parties must explain the basis for confidentiality of each document sought to be filed under seal.

Summary: Parties may only file designated material under seal with designator permission or court order, must comply with Local Rule 79-5, and explain each document's confidentiality basis.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Counsel shall comply with Local Rule 79-5. All applications must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding.

Summary: Under seal applications must justify confidentiality over public access.

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Civil cases

Counsel are ordered to meet and confer in person or by telephone at least seven calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing.

Summary: Meet and confer required 7 days before filing under seal applications.

Machine summary. Not checked yet.CRITICAL?

Civil cases

No later than two calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing.

Summary: Non-proposing party must confirm agreement or opposition within 2 days after meet and confer.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Any application for under seal filing, whether or not opposed, shall contain the dates and method by which the parties met and conferred. If such information is not provided, the application will be denied.

Summary: Under seal applications must include meet and confer dates/method or will be denied.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The unredacted version of all documents sought to be sealed shall be filed provisionally under seal. The documents may be attached to the declaration that supports the application, if the declaration is sealed and is filed as its own docket entry. Otherwise, the documents should be filed separately under provisional seal.

Summary: Unredacted documents to be sealed must be filed provisionally under seal.

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Civil cases

The title shall include "Unredacted" or "Sealed" as the first word of the title of the document.

Summary: Provisional sealed documents must have "Unredacted" or "Sealed" in title.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Any provisionally sealed document must clearly mark the information that is confidential or privileged via highlighting in color and/or using brackets.

Summary: Confidential information in sealed documents must be highlighted or bracketed.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The unredacted version of the entire document as its own docket entry. The title shall include "Unredacted" or "Sealed" as the first word of the title of the document.

Summary: If sealed, file unredacted version as separate docket entry with "Unredacted" or "Sealed" in title.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The redacted version of the entire document as its own docket entry. Unless otherwise stated in the order granting the application, a redacted version is required of all sealed documents. The title shall include "Redacted" as the first word of the title of the document.

Summary: Redacted version required for all sealed documents, filed separately with "Redacted" in title.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Any information that is confidential or privileged must be blacked out or a page shall be inserted with the title of the document that indicates that the entire document is sealed.

Summary: Redacted documents must black out confidential info or insert page indicating entire document is sealed.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Counsel shall comply with Local Rule 79-5. All applications must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding.

Summary: Under seal applications must justify confidentiality over public access.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Counsel are ordered to meet and confer in person or by telephone at least seven calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing.

Summary: Meet and confer required 7 days before filing under seal applications.

Machine summary. Not checked yet.CRITICAL?

Civil cases

No later than two calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing.

Summary: Non-proposing party must confirm agreement or opposition within 2 days after meet and confer.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Any application for under seal filing, whether or not opposed, shall contain the dates and method by which the parties met and conferred. If such information is not provided, the application will be denied.

Summary: Under seal applications must include meet and confer dates/method or will be denied.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The unredacted version of all documents sought to be sealed shall be filed provisionally under seal. The documents may be attached to the declaration that supports the application, if the declaration is sealed and is filed as its own docket entry. Otherwise, the documents should be filed separately under provisional seal.

Summary: Unredacted documents to be sealed must be filed provisionally under seal.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The title shall include "Unredacted" or "Sealed" as the first word of the title of the document.

Summary: Provisional sealed documents must have "Unredacted" or "Sealed" in title.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Any provisionally sealed document must clearly mark the information that is confidential or privileged via highlighting in color and/or using brackets.

Summary: Confidential information in sealed documents must be highlighted or bracketed.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The unredacted version of the entire document as its own docket entry. The title shall include "Unredacted" or "Sealed" as the first word of the title of the document.

Summary: If sealed, file unredacted version as separate docket entry with "Unredacted" or "Sealed" in title.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The redacted version of the entire document as its own docket entry. Unless otherwise stated in the order granting the application, a redacted version is required of all sealed documents. The title shall include "Redacted" as the first word of the title of the document.

Summary: Redacted version required for all sealed documents, filed separately with "Redacted" in title.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Any information that is confidential or privileged must be blacked out or a page shall be inserted with the title of the document that indicates that the entire document is sealed.

Summary: Redacted documents must black out confidential info or insert page indicating entire document is sealed.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Counsel shall comply with Local Rule 79-5. All applications must provide the reason(s) why the parties' interest in maintaining the confidentiality of the document(s) outweighs the public's right of access to materials submitted in connection with a judicial proceeding.

Summary: Sealing applications must provide reasons why confidentiality outweighs public access.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Any declaration that supports the application shall also be attached to the application unless it contains confidential information. The declaration shall be filed under seal as its own docket entry if it contains confidential information.

Summary: Supporting declarations must be filed under seal as separate docket entries if they contain confidential information.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The unredacted version of all documents sought to be sealed shall be filed provisionally under seal. The documents may be attached to the declaration that supports the application, if the declaration is sealed and is filed as its own docket entry. Otherwise, the documents should be filed separately under provisional seal. The title shall include "Unredacted" or "Sealed" as the first word of the title of the document. Any provisionally sealed document must clearly mark the information that is confidential or privileged via highlighting in color and/or using brackets.

Summary: Unredacted documents sought to be sealed must be filed provisionally under seal with specific titling and highlighting requirements.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The Court will review the submitted documents and determine whether the documents can be sealed. If the application is granted, counsel shall file: i. The unredacted version of the entire document as its own docket entry. The title shall include "Unredacted" or "Sealed" as the first word of the title of the document. Any information that has been redacted or omitted from the public filing must be clearly marked via highlighting

Summary: If sealing application granted, unredacted version must be filed as separate docket entry with "Unredacted" or "Sealed" in title and confidential information highlighted.

Machine summary. Not checked yet.CRITICAL?

Civil cases

ii. The redacted version of the entire document as its own docket entry. Unless otherwise stated in the order granting the application, a redacted version is required of all sealed documents. The title shall include "Redacted" as the first word of the title of the document. Any information that is confidential or privileged must be blacked out or a page shall be inserted with the title of the document that indicates that the entire document is sealed.

Summary: If sealing application granted, redacted version must be filed as separate public docket entry with "Redacted" in title and confidential information blacked out.

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Any information that has been redacted or omitted from the public filing must be clearly marked via highlighting in color and/or using brackets.

Summary: Redacted or omitted information in public filings must be marked with color highlighting and/or brackets.

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The parties’ obligations for submitting sealing applications, as set forth in Local Rule 79-5.2.2, are: 1. The application for leave to file under seal shall be filed on the public docket and shall attach a proposed order pursuant to Local Rule 5-4.4.1 and 5-4.4.2. Any declaration that supports the application shall also be attached to the application unless it contains confidential information. The declaration shall be filed under seal as its own docket entry if it contains confidential information. 2. The unredacted version of all documents sought to be sealed shall be filed provisionally under seal. The documents may be attached to the declaration that supports the application, if the declaration is sealed and is filed as its own docket entry. Otherwise, the documents should be filed separately under provisional seal. The title shall include "Unredacted" or "Sealed" as the first word of the title of the document. Any provisionally sealed document must clearly mark the information that is confidential or privileged via highlighting in color and/or using brackets. 3. The Court will review the submitted documents and determine whether the documents can be sealed. If the application is granted, counsel shall file: i. The unredacted version of the entire document as its own docket entry. The title shall include "Unredacted" or

Summary: Sealing applications must follow specified filing procedures including public docket filing, provisional sealed unredacted documents, and marking confidential information.

Machine summary. Not checked yet.CRITICAL?

ii. The redacted version of the entire document as its own docket entry. Unless otherwise stated in the order granting the application, a redacted version is required of all sealed documents. The title shall include "Redacted" as the first word of the title of the document. Any information that is confidential or privileged must be blacked out or a page shall be inserted with the title of the document that indicates that the entire document is sealed.

Summary: Redacted versions of sealed documents must be filed as separate docket entries with "Redacted" as the first word of the title; confidential/privileged info must be blacked out or entire document marked as sealed.

Machine summary. Not checked yet.CRITICAL?

Any information that has been redacted or omitted from the public filing must be clearly marked via highlighting in color and/or using brackets.

Summary: Redacted or omitted information in public filings must be marked with color highlighting and/or brackets.

Machine summary. Not checked yet.CRITICAL?

The parties’ obligations for submitting sealing applications, as set forth in Local Rule 79-5.2.2, are: 1. The application for leave to file under seal shall be filed on the public docket and shall attach a proposed order pursuant to Local Rule 5-4.4.1 and 5-4.4.2. Any declaration that supports the application shall also be attached to the application unless it contains confidential information. The declaration shall be filed under seal as its own docket entry if it contains confidential information. 2. The unredacted version of all documents sought to be sealed shall be filed provisionally under seal. The documents may be attached to the declaration that supports the application, if the declaration is sealed and is filed as its own docket entry. Otherwise, the documents should be filed separately under provisional seal. The title shall include "Unredacted" or "Sealed" as the first word of the title of the document. Any provisionally sealed document must clearly mark the information that is confidential or privileged via highlighting in color and/or using brackets. 3. The Court will review the submitted documents and determine whether the documents can be sealed. If the application is granted, counsel shall file: i. The unredacted version of the entire document as its own docket entry. The title shall include "Unredacted" or

Summary: Sealing applications must follow specified filing procedures including public docket filing, provisional sealed unredacted documents, and marking confidential information.

Machine summary. Not checked yet.CRITICAL?

ii. The redacted version of the entire document as its own docket entry. Unless otherwise stated in the order granting the application, a redacted version is required of all sealed documents. The title shall include "Redacted" as the first word of the title of the document. Any information that is confidential or privileged must be blacked out or a page shall be inserted with the title of the document that indicates that the entire document is sealed.

Summary: Redacted versions of sealed documents must be filed as separate docket entries with "Redacted" as the first word of the title; confidential/privileged info must be blacked out or entire document marked as sealed.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Counsel shall comply with Local Criminal Rule 49-1 with respect to serving and filing criminal documents under seal. All applications must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding.

Summary: Under seal filings must comply with Local Criminal Rule 49-1 and justify confidentiality over public access.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Counsel shall comply with Local Rule 79-5. All applications must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding.

Summary: Applications to file under seal must comply with Local Rule 79-5 and justify confidentiality.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Counsel are ordered to meet and confer in person or by telephone at least seven calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing.

Summary: Meet and confer required at least 7 days before filing sealing application.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Not later than two calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing.

Summary: Non-proposing party must confirm position within 2 days after meet and confer.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The unredacted version of all documents sought to be sealed shall be filed provisionally under seal.

Summary: Unredacted documents must be filed provisionally under seal.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The title shall include “Unredacted” or “Sealed” as the first word of the title of the document.

Summary: Provisional seal documents must have "Unredacted" or "Sealed" as first word in title.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Any provisionally sealed document must clearly mark the information that is confidential or privileged via highlighting in color and/or using brackets.

Summary: Confidential/privileged information in provisional seal documents must be highlighted or bracketed.

Machine summary. Not checked yet.CRITICAL?

Civil cases

If the application is granted, counsel shall file: i. The unredacted version of the entire document as its own docket entry.

Summary: If sealing granted, unredacted document must be filed as separate docket entry.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Any information that has been redacted or omitted from the public filing must be clearly marked via highlighting in color and/or using brackets.

Summary: Redacted/omitted information must be highlighted or bracketed in granted seal documents.

Machine summary. Not checked yet.CRITICAL?

Civil cases

ii. The redacted version of the entire document as its own docket entry.

Summary: Redacted version must be filed as separate docket entry if sealing granted.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The title shall include “Redacted” as the first word of the title of the document.

Summary: Redacted documents must have "Redacted" as first word in title.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Any information that is confidential or privileged must be blacked out or a page shall be inserted with the title of the document that indicates that the entire document is sealed.

Summary: Confidential/privileged information must be blacked out or document marked as fully sealed.

Machine summary. Not checked yet.CRITICAL?

Civil cases

This provision shall apply in any case in which there is a claim, counterclaim, or crossclaim for misappropriation of trade secrets in violation of either the California Uniform Trade Secret Act ("CUTSA," Cal. Civ. Code. § § 3426–3426.11) or Defend Trade Secrets Act ("DTSA," 18 U.S. Code §§ 1836–1839).

Summary: Trade secret cases require special identification procedures.

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The Court does not permit sentencing documents to be filed under seal except as strictly necessary and justified. When necessary, a sentencing document may be filed under seal along with a redacted version that deletes the confidential information and that justifies each deletion (e.g., "medical information").

Summary: Sentencing documents may be filed under seal only when strictly necessary, with redacted version justifying deletions.

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Criminal cases

Counsel shall comply with the instructions posted on the Court’s website at the “Judges’ Procedures and Schedules” link and the instructions provided under section one: Electronic Filing and Mandatory Chambers Copies.

Summary: Counsel must comply with Court website instructions and section one Electronic Filing and Mandatory Chambers Copies instructions for filings under seal.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Counsel shall comply with the instructions posted on the Court’s website at the “Judges’ Procedures and Schedules” link and the instructions provided under section one: Electronic Filing and Mandatory Chambers Copies.

Summary: Counsel must comply with Court website instructions and section one Electronic Filing and Mandatory Chambers Copies instructions for filings under seal.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Chambers copies of under seal documents shall be placed together in a manilla envelope labeled “UNDER SEAL.”

Summary: Sealed chambers copies must be placed in manilla envelope labeled “UNDER SEAL.”

Not confirmed. Read the court's wording below.CRITICAL?

The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the court has authorized to be filed under seal.

Summary: The parties should file a complete sealed version and a public redacted version omitting only court-authorized sealed portions.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Chambers copies of under seal documents shall be placed together in a manilla envelope labeled 'UNDER SEAL.'

Summary: Sealed chambers copies must be in manilla envelope labeled 'UNDER SEAL'.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Chambers copies of under seal documents shall be placed together in a manilla envelope labeled 'UNDER SEAL.'

Summary: Sealed chambers copies must be in manilla envelope labeled 'UNDER SEAL'.

Machine summary. Not checked yet.CRITICAL?

Civil cases

When seeking the Court’s approval for an under seal filing, the submitting party shall comply with the procedures established in Local Rule 79-5.2.2(a).

Summary: Sealed filings require Court approval and compliance with Local Rule 79-5.2.2(a).

Machine summary. Not checked yet.CRITICAL?

Civil cases

Because documents filed under seal are only visible on CM/ECF or Pacer to Court personnel and the party that filed the document, a party electronically filing a document under seal may not rely on the Court’s CM/ECF System to effect service as provided in Local Rule 5-3.2.1. Therefore, documents filed electronically under seal must be served in accordance with Federal Rule of Civil Procedure 5.

Summary: Sealed documents filed electronically must be served separately under FRCP 5, not through CM/ECF.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Therefore, documents filed electronically under seal must be served in accordance with Federal Rule of Civil Procedure 5. Additionally, at the time of filing, the documents filed electronically under seal must be accompanied either by a Proof of Service in the form required by Local Rule 5-3.1.2 or a declaration explaining why service is not required.

Summary: Sealed electronic filings require proof of service or declaration explaining why service is not required.

Machine summary. Not checked yet.CRITICAL?

Civil cases

When seeking the Court’s approval for an under seal filing, the submitting party shall comply with the procedures established in Local Rule 79-5.2.2(a).

Summary: Sealed filings require Court approval and compliance with Local Rule 79-5.2.2(a).

Machine summary. Not checked yet.CRITICAL?

Civil cases

Because documents filed under seal are only visible on CM/ECF or Pacer to Court personnel and the party that filed the document, a party electronically filing a document under seal may not rely on the Court’s CM/ECF System to effect service as provided in Local Rule 5-3.2.1. Therefore, documents filed electronically under seal must be served in accordance with Federal Rule of Civil Procedure 5.

Summary: Sealed documents filed electronically must be served separately under FRCP 5, not through CM/ECF.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Therefore, documents filed electronically under seal must be served in accordance with Federal Rule of Civil Procedure 5. Additionally, at the time of filing, the documents filed electronically under seal must be accompanied either by a Proof of Service in the form required by Local Rule 5-3.1.2 or a declaration explaining why service is not required.

Summary: Sealed electronic filings require proof of service or declaration explaining why service is not required.

Machine summary. Not checked yet.CRITICAL?

Civil cases

When seeking the Court's approval for an under seal filing, the submitting party shall comply with the procedures established in Local Rule 79-5.2.2(a). Because documents filed under seal are only visible on CM/ECF or Pacer to Court personnel and the party that filed the document, a party electronically filing a document under seal may not rely on the Court's CM/ECF System to effect service as provided in Local Rule 5-3.2.1. Therefore, documents filed electronically under seal must be served in accordance with Federal Rule of Civil Procedure 5. Additionally, at the time of filing, the documents filed electronically under seal must be accompanied either by a Proof of Service in the form required by Local Rule 5-3.1.2 or a declaration explaining why service is not required.

Summary: Sealed documents must be served manually per FRCP 5 and accompanied by Proof of Service or declaration.

Machine summary. Not checked yet.CRITICAL?

Civil cases

When seeking the Court’s approval for an under seal filing, the submitting party shall comply with the procedures established in Local Rule 79-5.2.2(a). Because documents filed under seal are only visible on CM/ECF or Pacer to Court personnel and the party that filed the document, a party electronically filing a document under seal may not rely on the Court’s CM/ECF System to effect service as provided in Local Rule 5-3.2.1. Therefore, documents filed electronically under seal must be served in accordance with Federal Rule of Civil Procedure 5. Additionally, at the time of filing, the documents filed electronically under seal must be accompanied either by a Proof of Service in the form required by Local Rule 5-3.1.2 or a declaration explaining why service is not required.

Summary: Documents filed under seal must be served separately from CM/ECF and include proof of service.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

When seeking the Court’s approval for an under seal filing, the submitting party shall electronically file an Ex Parte Application to Seal and proposed Order through the Court’s CM/ECF System pursuant to Local Civil Rule 5-4 and Local Criminal Rule 49-1.1. The Ex Parte Application and proposed Order shall not contain the information the party seeks to file under seal. The party seeking permission to file under seal shall submit to the Court’s generic chambers e-mail address (pa_chambers@cacd.uscourts.gov) PDF versions of the Ex Parte Application, proposed Order, Declaration in Support of Ex Parte Application stating the reason for the under seal filing, and the document(s) and/or exhibit(s) the party seeks to file under seal. The party shall also submit a Word or WordPerfect version of the proposed Order to the generic chambers e-mail address.

Summary: Ex Parte Application to Seal required; submit PDF versions to chambers email plus Word/WordPerfect proposed order.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Counsel for the government shall file with the Court in camera (under seal) all statements of all witnesses to be called by the government in its case-in-chief. Such statements shall be filed at least five (5) calendar days before trial.

Summary: Government must file witness statements under seal at least 5 days before trial.

Machine summary. Not checked yet.CRITICAL?

Civil cases

When seeking the Court’s approval for an under seal filing, the submitting party shall comply with the procedures established in Local Rule 79-5.2.2(a). Because documents filed under seal are only visible on CM/ECF or Pacer to Court personnel and the party that filed the document, a party electronically filing a document under seal may not rely on the Court’s CM/ECF System to effect service as provided in Local Rule 5-3.2.1. Therefore, documents filed electronically under seal must be served in accordance with Federal Rule of Civil Procedure 5. Additionally, at the time of filing, the documents filed electronically under seal must be accompanied either by a Proof of Service in the form required by Local Rule 5-3.1.2 or a declaration explaining why service is not required.

Summary: Documents filed under seal must be served separately from CM/ECF and include proof of service.

Machine summary. Not checked yet.CRITICAL?

Civil cases

For detailed instructions and information on the procedures for filing documents under seal, please refer to seal Documents in Non-sealed Civil Cases (L.R. 79-5.2.2), the filing party shall not provide a chambers or courtesy copy of the Application or any associated documents.

Summary: Applications to file documents under seal must follow L.R. 79-5.2.2; no chambers copies required for sealed applications.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Please bear in mind that all applications must (1) indicate which portions of the documents to be filed under seal are confidential; and (2) provide reasons(s) as to why the parties’ interest to file the document(s) under seal outweighs the public’s right to access.

Summary: Sealed document applications must identify confidential portions and justify sealing over public access.

Machine summary. Not checked yet.CRITICAL?

Civil cases

If a party submits an application to file under seal pursuant to a protective order only (i.e., no other reason is given), the Court will automatically deny the application if the party designating the material as confidential does not file a declaration pursuant to L.R. 79-5.2.2(b)(i). This declaration shall be entitled: “DESIGNATING PARTY’S DECLARATION IN SUPPORT OF APPLICATION TO FILE UNDER SEAL PURSUANT TO PROTECTIVE ORDER”.

Summary: Protective order-only sealing applications require specific declaration or will be denied.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Please bear in mind that all applications must (1) indicate which portions of the documents to be filed under seal are confidential; and (2) provide reasons(s) as to why the parties’ interest to file the document(s) under seal outweighs the public’s right to access. If a party submits an application to file under seal pursuant to a protective order only (i.e., no other reason is given), the Court will automatically deny the application if the party designating the material as confidential does not file a declaration pursuant to L.R. 79-5.2.2(b)(i).

Summary: Applications to seal must specify confidential portions and justify sealing; protective order-only applications require specific declaration, otherwise denied.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Please bear in mind that all applications must (1) indicate which portions of the documents to be filed under seal are confidential; and (2) provide reasons(s) as to why the parties’ interest to file the document(s) under seal outweighs the public’s right to access. If a party submits an application to file under seal pursuant to a protective order only (i.e., no other reason is given), the Court will automatically deny the application if the party designating the material as confidential does not file a declaration pursuant to L.R. 79-5.2.2(b)(i).

Summary: Applications to seal must specify confidential portions and justify sealing; protective order-only applications require specific declaration, otherwise denied.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Counsel for the, Government shall file with the Court in camera (under seal) all statements of all witnesses to be called by the Government in its case in chief.

Summary: Government must file witness statements under seal (in camera) with the Court.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Counsel for the, Government shall file with the Court in camera (under seal) all statements of all witnesses to be called by the Government in its case in chief.

Summary: Government must file witness statements under seal (in camera) with the Court.

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Civil cases

Chambers copies of under seal documents shall all be placed together in a manila envelope labeled “UNDER SEAL.”

Summary: Under seal documents must be placed together in manila envelope labeled “UNDER SEAL.”

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The Court does not permit sentencing documents to be filed under seal except as strictly necessary and justified. When necessary, a sentencing document may be filed under seal along with a redacted version that deletes the confidential information and justifies each deletion (e.g., “medical information”).

Summary: Sentencing documents may only be filed under seal if necessary, with a redacted version justifying each deletion.

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Local Rule 79-5 governs applications to file under seal. Parties must comply with all sections of Local Rule 79-5. There is a “strong presumption of access to court records” in civil cases. For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification, see (c) below, that establishes “good cause” or “compelling reasons” for the document’s protection.

Summary: Applications to file under seal must comply with Local Rule 79-5, requiring good cause/compelling reasons and subject to a strong presumption of public access.

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Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file an unredacted version of the document under seal, and a redacted version for public viewing, omitting only the portions the Court has ordered may be filed under seal.

Summary: Partial confidential documents must be filed as sealed unredacted and public redacted versions; full sealing only if redaction is unreasonable.

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Sealing must be justified for each individual confidential matter; blanket claims of confidentiality will result in the application to seal being denied. All applications must provide the reason(s) the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right to access materials submitted in connection with a judicial proceeding.

Summary: Each sealed item must be individually justified, no blanket claims; applications must show party interest outweighs public access right.

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Such orders should not purport to allow, without further order of the Court, the filing under seal of pleadings or documents filed in connection with a dispositive motion, a class certification motion, or trial before the Court.

Summary: Protective orders must not permit filing under seal for dispositive, class certification, or trial documents without a further court order.

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The existence of a protective order does not alone justify the filing of pleadings or other documents under seal, in whole or in part.

Summary: A protective order alone is not sufficient justification for filing documents under seal.

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The Court does not permit sentencing documents to be filed under seal except as strictly necessary and justified. When necessary, a sentencing document may be filed under seal along with a redacted version that deletes the confidential information and justifies each deletion (e.g., “medical information”).

Summary: Sentencing documents may only be filed under seal if necessary, with a redacted version justifying each deletion.

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Criminal cases

Non-paper exhibits shall be delivered to the intake section of the Clerk’s Office in the Ronald Reagan Federal Building and United States Courthouse in Santa Ana. CDs are not accepted; only USB or flash drives are accepted.

Summary: Non-paper sealing exhibits must be delivered to Santa Ana Clerk's Office intake on USB/flash drive (no CDs).

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Criminal cases

Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file both versions of the documents: complete versions of the pleadings and documents under seal; and a redacted version for public viewing, omitting only such portions as the court has ordered may be filed under seal.

Summary: Partially confidential documents must be redacted and filed as both sealed complete and public redacted versions if redaction is reasonable.

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Criminal cases

***The parties ARE ORDERED to place in brackets and highlight the portion(s) of the document text and/or exhibits that have been redacted on the un-redacted copies (sent via email and the chambers’ copy).***

Summary: Redacted portions on un-redacted copies must be bracketed and highlighted.

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Criminal cases

Sealing must be justified for each individual item to be sealed or redacted; blanket claims of confidentiality are not allowed and will result in a denial of the application to seal.

Summary: Each item to be sealed must be individually justified; blanket confidentiality claims are prohibited.

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Civil cases

Local Rule 79-5 governs applications to file under seal. Parties must comply with all sections of Local Rule 79-5. There is a "strong presumption of access to court records" in civil cases. For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification...that establishes "good cause" or "compelling reasons" for the document's protection.

Summary: Sealing applications must comply with Local Rule 79-5 and provide factual/legal justification for each document, establishing good cause or compelling reasons.

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Civil cases

Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file an unredacted version of the document under seal, and a redacted version for public viewing, omitting only the portions that the Court has ordered may be filed under seal.

Summary: Parties should file a redacted version publicly and an unredacted version under seal, redacting only Court-ordered portions.

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Civil cases

Sealing must be justified for each individual confidential matter; blanket claims of confidentiality will result in the application to seal being denied. Counsel is strongly encouraged to consider carefully whether sealing or redaction is required for a given piece of evidence or argument. An application to seal that includes clearly meritless requests to seal or redact documents may be denied in its entirety. The parties must also meet and confer before filing an application to seal.

Summary: Sealing must be justified per document; blanket claims will be denied; parties must meet and confer before filing a sealing application.

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Criminal cases

A party seeking to submit information under seal must comply with the pilot program procedures found on Judge Blumenfeld’s webpage (scroll to Orders & Additional Documents at the bottom of the page).

Summary: Sealed submissions must follow Judge Blumenfeld's pilot program procedures on his webpage.

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Criminal cases

A party seeking to submit information under seal must comply with the pilot program procedures found on Judge Blumenfeld’s webpage (scroll to Orders & Additional Documents at the bottom of the page).

Summary: Sealed submissions must follow Judge Blumenfeld's pilot program procedures on his webpage.

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Local Rule 79-5 governs applications to file documents under seal. Local Rule 79-5.2.2 explains how to apply to file under seal and how to proceed if leave is granted. Parties must comply with all provisions of Local Rule 79-5. ... For each document or other type of information a party seeks to file under seal, the party must identify the factual and/or legal justification that establishes 'good cause' or 'compelling reasons' for the information to be protected.

Summary: Parties must comply with Local Rule 79-5 for sealing; must identify factual/legal justification establishing good cause or compelling reasons for each document.

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Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the Court has authorized to be filed under seal.

Summary: Parties must file a complete sealed version and a redacted public version of documents that are partially confidential.

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Sealing must be justified for each individual item. Blanket claims of confidentiality will result in the application to seal being denied.

Summary: Each item sealed must be individually justified; blanket claims will be denied.

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The parties must also meet and confer before filing an application to seal.

Summary: Parties must meet and confer before filing any application to seal.

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Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file an unredacted version of the document under seal, and a

Summary: Non-confidential documents should be redacted rather than fully sealed when possible.

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Sealing must be justified for each individual item; blanket claims of confidentiality will result in the application to seal being denied.

Summary: Each item must be individually justified for sealing; blanket confidentiality claims are not permitted.

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The parties must also meet and confer before filing an application to seal.

Summary: Parties must meet and confer before filing an application to seal.

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Civil cases

This Order does not automatically authorize the filing under seal of material designated under this Order. Instead, the parties must comply with Local Rule 79-5.1 and this Order if they seek to file anything under seal.

Summary: Filing under seal requires compliance with Local Rule 79-5.1 and this Order.

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Civil cases

A party seeking to disclose to in-house counsel any material designated HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY must first make a written request to the designator providing the full name of the in-house counsel, the city and state of such counsel’s residence, and such counsel’s current and reasonably foreseeable future primary job duties and responsibilities in sufficient detail to determine present or potential involvement in any competitive decision-making. In-house counsel are not authorized to receive material designated HIGHLY CONFIDENTIAL – SOURCE CODE.

Summary: Written request required to disclose HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY to in-house counsel; SOURCE CODE not authorized.

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Civil cases

A party seeking to disclose to an expert retained by outside counsel of record any information or item that has been designated HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL – SOURCE CODE must first make a written request to the designator that (1) identifies the general categories of HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL – SOURCE CODE information that the receiving party seeks permission to disclose to the expert, (2) sets forth the full name of the expert and the city and state of his or her primary residence, (3) attaches a copy of the expert’s current resume, (4) identifies the expert’s current employer(s), (5) identifies each person or entity from whom the expert has received compensation or funding for work in his or her areas of expertise (including in connection with litigation) in the past five years, and (6) identifies (by name and number of the case, filing date, and location of court) any litigation where the expert has offered expert testimony, including by declaration, report or testimony at deposition or trial, in the past five years.

Summary: Written request with detailed expert information required to disclose HIGHLY CONFIDENTIAL material to experts.

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Civil cases

Without written permission from the designator or a Court order, a party may not file in the public record in this action any designated material. A party seeking to file under seal any designated material must comply with Local Rule 79-5. Filings may be made under seal only pursuant to a court order authorizing the sealing of the specific material at issue. The fact that a document has been designated under this Order is insufficient to justify filing under seal. Instead, parties must explain the basis for confidentiality of each document sought to be filed under seal.

Summary: Filing under seal requires court order or designator permission; must comply with Local Rule 79-5; designation alone insufficient.

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Civil cases

Because a party other than the designator will often be seeking to file designated material, cooperation between the parties in preparing, and in reducing the number and extent of, requests for under seal filing is essential. Accordingly, counsel are ordered to meet and confer in person or by telephone at least seven (7) calendar days prior to the filing of an application wherein the basis for the sealing is that it has been deemed confidential by the other party. Not later than two (2) calendar days after the meet and confer process, the opposing party shall confirm whether such information shall be designated as confidential or whether it can be made available to the public.

Summary: Meet and confer required 7 days before sealing application; opposing party must respond within 2 days.

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Civil cases

Such an application shall contain the dates and method by which the parties met and conferred otherwise it will be denied without prejudice to an amended application being filed after counsel have completed this process.

Summary: Sealing application must include meet and confer dates/method or will be denied without prejudice.

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Criminal cases

***On the un-redacted copies (sent via e-mail) the parties ARE ORDERED to place in brackets and highlight the portion[s] of the document text and/or exhibits that have been redacted.***

Summary: Bracket and highlight redacted portions on unredacted copies sent via email.

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Criminal cases

Sealing must be justified for each individual item to be sealed or redacted; blanket claims of confidentiality are not allowed and will result in a denial of the application to seal.

Summary: Must justify sealing for each individual item; blanket claims not allowed.

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The existence of a protective order does not alone justify the filing of pleadings or other documents under seal, in whole or in part.

Summary: Protective order alone does not justify sealing pleadings or documents.

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(a) Local Rule 79-5. L.R. 79-5 governs applications to file under seal. Parties must comply with all sections of L.R. 79-5. There is a “strong presumption of access to court records” in civil cases. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification that establishes “good cause” or “compelling reasons” for the document’s protection. Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1179-80 (9th Cir. 2006).

Summary: Local Rule 79-5 governs sealing applications with strong presumption of access to court records.

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(b) Redacted Version and Unredacted Version. Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file an unredacted version of the document under seal, and a

Summary: Redacted versions should be filed separately when possible; unredacted versions filed under seal.

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(c) Justification. Sealing must be justified for each individual item; blanket claims of confidentiality will result in the application to seal being denied. Counsel is strongly encouraged to consider carefully whether sealing or redaction is required for a given piece of evidence or argument. An application to seal that includes clearly meritless requires to seal or redact documents may be denied in its entirety. The parties must also meet and confer before filing an application to seal.

Summary: Each item must be individually justified for sealing; blanket claims denied; meet and confer required.

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Proposed protective orders for discovery must be submitted to the assigned Magistrate Judge. Such orders should not purport to allow, without further order of the Court, the filing under seal of pleadings or documents filed in connection with a dispositive motion, a class certification motion, or trial before the Court.

Summary: Protective orders must be submitted to magistrate; cannot allow sealing without court order.

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Local Rule 79-5 governs applications to file under seal. Parties must comply with all sections of L.R. 79-5. There is a "strong presumption of access to court records" in civil cases. For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification that establishes "good cause" or "compelling reasons" for the document's protection.

Summary: Sealing applications must comply with Local Rule 79-5 and provide factual/legal justification for each item.

Machine summary. Not checked yet.CRITICAL?

Sealing must be justified for each individual item; blanket claims of confidentiality will result in the application to seal being denied. Counsel is strongly encouraged to consider carefully whether sealing or redaction is required for a given piece of evidence or argument. An application to seal that includes clearly meritless requests to seal or redact documents may be denied in its entirety. The parties must also meet and confer before filing an application to seal.

Summary: Sealing must be justified per item; blanket confidentiality claims will be denied; parties must meet and confer before filing a sealing application.

Machine summary. Not checked yet.CRITICAL?

Local Rule 79-5. L.R. 79-5 governs applications to file under seal. Parties must comply with all sections of L.R. 79-5. There is a 'strong presumption of access to court records' in civil cases. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification that establishes 'good cause' or 'compelling reasons' for the document's protection. Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1179-80 (9th Cir. 2006).

Summary: Sealing requires compliance with Local Rule 79-5 and a showing of good cause or compelling reasons for each item.

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Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file an unredacted version of the document under seal, and a redacted version on the public docket.

Summary: If only portions are confidential, file a redacted public version and an unredacted sealed version.

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Sealing must be justified for each individual item; blanket claims of confidentiality will result in the application to seal being denied. Counsel is strongly encouraged to consider carefully whether sealing or redaction is required for a given piece of evidence or argument. An application to seal that includes clearly meritless requires to seal or redact documents may be denied in its entirety. The parties must also meet and confer before filing an application to seal.

Summary: Each sealing request must be individually justified; blanket claims will be denied; parties must meet and confer before filing.

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Criminal cases

Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with reasonable amount of effort. The parties should file both documents; complete versions of the pleadings and documents under seal, and a redacted version for public viewing, omitting only such portions as the Court has ordered may be filed under seal.

Summary: File both complete and redacted versions when possible.

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Criminal cases

***On the un-redacted copies (sent via email and the Chambers’ copy, the parties ARE ORDERED to place in brackets and highlight the portion[s] of the document text and/or exhibits that have been redacted.***

Summary: Redacted portions must be bracketed and highlighted on unredacted copies.

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Criminal cases

Sealing must be justified for each individual item to be sealed or redacted; blanket claims of confidentiality are not allowed and will result in a denial of the application to seal.

Summary: Each sealed item must be individually justified; blanket claims not allowed.

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Civil cases

The Application, the proposed order, any redacted documents, and the text of the docket entry itself will be visible to the public, so be sure to draft them accordingly. The declaration and the document(s) proposed to be filed under seal will not be publicly viewable.

Summary: Application and proposed order are public; declaration and sealed documents are not.

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Civil cases

Only documents properly filed using specific sealed docket entries are SEALED upon submission. The events are located on the “Under Seal Filing Events” menu found under the “Under Seal Filings” heading on the CIVIL docketing menu. The following sealed civil events are available for your use:  Leave for In Camera Review  Leave to File Document Under Seal  Sealed Declaration in Support  Sealed Document  Sealed Motion (Generic sealed motion type event)  Sealed Opposition  Sealed Reply

Summary: Only specific sealed docket entries create sealed documents.

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Civil cases

If you are required to file a redacted version of a document, only the portions of the document that are confidential should be redacted. Be sure to add the word REDACTED in the caption of the document and in the docket text of the entry.

Summary: Redacted documents must have 'REDACTED' in caption and docket text.

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Civil cases

If you cannot file a sealed document electronically due to a technical failure of CM/ECF, you must file it in paper pursuant to L.R. 5-4.6.2. The original and the judge’s copy of all such documents must be submitted for filing in separate sealed envelopes, with a copy of the title page attached to the front of each envelope. An additional copy must be provided in PDF format on a CD. L.R. 79-5.2.

Summary: Paper filing of sealed documents requires sealed envelopes and PDF on CD.

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Civil cases

The rule specifies that the Application, the proposed order, and the redacted documents will be publicly viewable, while the declaration and the unredacted documents will not.

Summary: Application and redacted documents are public; declaration and unredacted documents are sealed.

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Civil cases

7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Summary: Court order required to file any sealed document; Application for Leave to File Under Seal needed if no order obtained.

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Civil cases

8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Document again.

Summary: Document upload screen must turn red to confirm filing under seal.

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Civil cases

11. The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal. First, however, you will be presented with the option to link this Sealed Document to another document previously filed in the case. For instance, if the Sealed Document being filed is an exhibit to a summary judgment motion, check the box indicating that the document should be linked to another document in the case. If the Sealed Document does not need to be linked to another document, leave the box unchecked, and click “Next” to bypass the linking screen.

Summary: Sealed documents must be linked to an Order granting leave to file under seal.

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Civil cases

You must next link your Sealed Document to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.”

Summary: Sealed documents must be linked to an order granting leave to file under seal.

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Civil cases

On the next screen, enter the document caption in the free text field. Remember that this text will be publicly visible, so do not include confidential information here. Click “Next.”

Summary: Document caption must be entered without confidential information.

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Civil cases

The next screen will display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error.

Summary: Do not use back button after clicking next during sealed document filing.

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Civil cases

Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Summary: Sealed documents must be served by printing NEF and serving sealed document on opposing counsel.

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Civil cases

Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Summary: Local Rule requires court order to authorize filing of any sealed document.

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Civil cases

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Summary: Sealed documents must be served by other means despite NEF distribution.

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Civil cases

Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.

Summary: Sealed Opposition event requires prior court order granting leave to file under seal.

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Civil cases

Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Summary: Sealed documents must be served by other means; print and serve NEF with sealed document.

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Civil cases

Remember that this event is NOT restricted. Your Application for Leave for In Camera Review will be publicly visible, so do not include confidential information, and do not attach the documents you wish the Court to review in camera. If your Application is granted, you will be responsible for delivering copies of the documents directly to the judge’s chambers, in accordance with the judge’s procedures.

Summary: Application for Leave for In Camera Review is publicly visible; confidential documents must be delivered directly to judge's chambers if granted.

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Civil cases

If you are required to file a redacted version of a document, only the portions of the document that are confidential should be redacted. Be sure to add the word REDACTED in the caption of the document and in the docket text of the entry.

Summary: Redacted documents must include 'REDACTED' in caption and docket text.

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Civil cases

If you cannot file a sealed document electronically due to a technical failure of CM/ECF, you must file it in paper pursuant to L.R. 5-4.6.2. The original and the judge’s copy of all such documents must be submitted for filing in separate sealed envelopes, with a copy of the title page attached to the front of each envelope. An additional copy must be provided in PDF format on a CD. L.R. 79-5.2.

Summary: Paper filing of sealed documents requires sealed envelopes with title page and PDF on CD.

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Civil cases

The rule specifies that the Application, the proposed order, and the redacted documents will be publicly viewable, while the declaration and the unredacted documents will not.

Summary: Application and proposed order are publicly viewable; declaration and unredacted documents are sealed.

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Civil cases

Accordingly, you must file the Application, the proposed order, and any redacted documents using one, non-sealed, event (“Leave to File Under Seal”), and the declaration and unredacted documents using another, sealed event (“Sealed Declaration in Support”).

Summary: File Application/proposed order/redacted docs via non-sealed event; declaration/unredacted docs via sealed event.

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Civil cases

Therefore, you must serve all sealed documents by other means. Print the NEF and serve it, the sealed declaration, and the unredacted document on opposing counsel.

Summary: Sealed documents must be served by other means (not via NEF); print and serve NEF, sealed declaration, and unredacted document on opposing counsel.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.

Summary: Sealed document e-filing requires prior court order granting leave to file under seal.

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Civil cases

7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Summary: Court order required to file sealed documents; Application for Leave to File Under Seal needed if no order exists.

Machine summary. Not checked yet.CRITICAL?

Civil cases

8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Document again.

Summary: Document upload screen must turn red to confirm filing under seal.

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Civil cases

You must next link your Sealed Document to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.”

Summary: Sealed documents must be linked to an existing order granting leave to file under seal.

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Civil cases

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing.

Summary: Sealed documents are restricted from viewing and not accessible through NEF.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Summary: Sealed documents must be served by printing NEF and serving both NEF and sealed document on opposing counsel.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Summary: Local Rule requires court order to file any sealed document; statute authorization alone is insufficient.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Summary: Sealed documents must be served by other means; print and serve NEF with sealed document.

Machine summary. Not checked yet.CRITICAL?

Civil cases

If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. The next screen is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Opposition again.

Summary: Document upload screen must turn red to confirm sealed filing.

Machine summary. Not checked yet.CRITICAL?

Civil cases

If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Reply again.

Summary: Document upload screen must turn red to confirm filing under seal; if not red, restart the docketing process.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The Sealed Reply you are filing must also be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.”

Summary: Sealed Reply must be linked to an Order granting leave to file under seal; docketing stops if no such order exists.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Summary: Sealed documents must be served by other means; print NEF and serve with sealed document.

Machine summary. Not checked yet.CRITICAL?

Civil cases

12.3 Filing Protected Material. A Party that seeks to file under seal any Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a Party's request to file Protected Material under seal is denied by the court, then the Receiving Party may file the information in the public record unless otherwise instructed by the court.

Summary: Parties must comply with Civil Local Rule 79-5 and obtain a court order to file Protected Material under seal.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

The Application, all attachments to the Application, and the text of the docket entry will automatically be sealed upon filing and will remain sealed until after the Warrant, if approved, issued, and executed, is returned.

Summary: Warrant applications and attachments are automatically sealed upon filing and remain sealed until the warrant is returned.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

The Application, all attachments to the Application, and the text of the docket entry will automatically be sealed upon filing and will remain sealed until an order unsealing them is entered.

Summary: Applications for other criminal duty matters are automatically sealed upon filing and remain sealed until an unsealing order is entered.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Before filing any sealed document, you must have leave of court. Even if a statute or rule authorizes the filing of a particular document under seal, you must obtain a court order in the case in which you plan to file that document. Accordingly, you must first electronically file an Application for Leave to File Under Seal, following the instructions set forth below at page 5.

Summary: Prior court leave is required before filing any sealed document, obtained by e-filing an Application for Leave to File Under Seal.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal.

Summary: Every sealed document filed must be linked to a court order granting leave to file that document under seal.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Once leave to file a document under seal has been granted, the party that requested leave to file under seal must proceed to file the document. Clerk’s Office staff will not do this for you. If you obtain leave to file a document under seal, you must follow through and file it under seal, or you will not be able to rely on the document in the case. Any document filed under seal must also be linked to the court order granting permission to so file. See L.R. 79-5.2.2 (c) (eff. 12/1/15).

Summary: Parties granted leave to file under seal must file the sealed document themselves and link it to the granting court order.

Machine summary. Not checked yet.CRITICAL?

Civil cases

During the docketing process for any of the events on the “Under Seal Filing Events” menu, the screen will eventually turn RED. This is the indication that you are using a sealed document event. If the screen does not turn red, STOP immediately. You will need to start your docket entry over to ensure you are using the proper sealed document event.

Summary: When using Under Seal Filing Events, the docket screen must turn red; if not, restart the entry to ensure proper sealed event use.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The rule specifies that the Application, the proposed order, and the redacted documents will be publicly viewable, while the declaration and the unredacted documents will not. Accordingly, you must file the Application, the proposed order, and any redacted documents using one, non-sealed, event (“Leave to File Under Seal”), and the declaration and unredacted documents using another, sealed event (“Sealed Declaration in Support”).

Summary: Public components of Application for Leave to File Under Seal must be filed via non-sealed ECF event; sealed components via dedicated sealed ECF event.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Individually navigate to where your “Redacted Document” and “Proposed Order” are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.”

Summary: Redacted Document must be attached to Application for Leave to File Under Seal with correct Category selected and filed on ECF.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Remember that the docket entry text will be publicly visible, so do not include confidential information here.

Summary: Docket entry text for Applications for Leave to File Under Seal must not include confidential information as it is publicly visible.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The docketing sequence for the first step of this two-step process (i.e., filing the Application and unsealed attachments) has been completed. You must now continue to the second step (filing the Declaration and sealed attachments) to complete the process.

Summary: Filing under seal documents in civil cases requires a mandatory two-step e-filing process: Step 1 file Application and unsealed attachments, Step 2 file Declaration and sealed attachments.

Machine summary. Not checked yet.CRITICAL?

Civil cases

This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Declaration in Support again.

Summary: The upload screen for Sealed Declaration in Support must turn red; if not, documents will not be sealed and the docketing process must be restarted.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Under “Attachments,” click the “Browse” button, and a file upload screen will appear. Navigate to where your “Unredacted Document” is saved, and select “Open.” In the corresponding “Category” field, select “Unredacted Document” from the drop down list. Repeat if attaching multiple unredacted documents. Click “Next.”

Summary: Unredacted document attachments for sealed filings must be categorized as “Unredacted Document” in the Category dropdown.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Note the message indicating that you will be required to link your Declaration to the Application for Leave to File Under Seal to which it relates.

Summary: Declarations filed in support of an Application for Leave to File Under Seal must be linked to the corresponding application.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.

Summary: A court order granting leave to file under seal must be obtained prior to using the Sealed Document e-filing event.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Summary: A court order is required to file any sealed document; if no order exists, an Application for Leave to File Under Seal must be filed first, even if the document is authorized by statute, and filing cannot proceed without the order.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Please note that this event can only be used to e-file a motion under seal if you have already obtained a court order granting leave to file that motion under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.

Summary: A motion for leave (application for order) is required to file a motion under seal, as filing under seal is only permitted with a court order granting such leave.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting "Statute," you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Summary: A court order is required to file sealed documents; if none exists, an Application for Leave to File Under Seal must be filed first.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The Sealed Opposition you are filing must also be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.”

Summary: Sealed Opposition must be linked to an Order granting leave to file under seal; docketing cannot continue if no such order has been filed.

Machine summary. Not checked yet.CRITICAL?

Civil cases

7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

Summary: Court order required to file any sealed document; if none, file Application for Leave to File Under Seal first, even if statute authorizes sealing, cannot proceed without order.

Machine summary. Not checked yet.CRITICAL?

Civil cases

do not attach the documents you wish the Court to review in camera. If your Application is granted, you will be responsible for delivering copies of the documents directly to the judge’s chambers, in accordance with the judge’s procedures.

Summary: In camera review documents must not be attached to the public Application for Leave; if granted, deliver copies to judge’s chambers per procedures.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The “Leave for In Camera Review” event is a public entry and is NOT RESTRICTED.

Summary: The “Leave for In Camera Review” e-filing event is a public, unrestricted entry.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

After electronically filing the application and proof of service, send an e-mail to the chambers generic e-mail at SK_Chambers@cacd.uscourts.gov, containing an Adobe PDF version of the application to seal, declaration giving notice or a proof of service, Word version of the proposed order (with the proposed denied instructions) and an Adobe PDF of the document(s) to be filed under seal with a caption page clearly marked “UNDER SEAL.” The subject line of the e-mail should have the case number, plus the words “UNDER SEAL REQUEST”.

Summary: After e-filing the application for seal-only-documents requests, email chambers with required attachments and subject line including case number and “UNDER SEAL REQUEST”.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Send an e-mail to the chambers e-mail at SK_Chambers@cacd.uscourts.gov, containing an Adobe PDF version of the application to seal, declaration giving notice or a proof of service, Word version of the proposed order (with the proposed denied instructions as stated above) and an Adobe PDF of the document(s) to be filed under seal with a caption page, clearly marked “UNDER SEAL.” The subject line of the e-mail should have the case number, plus the words “UNDER SEAL REQUEST”.

Summary: For requests to seal the application, order, and documents, email chambers with required attachments and subject line including case number and “UNDER SEAL REQUEST” after e-filing the NOTICE OF MANUAL FILING.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

79-5. Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with reasonable amount of effort. The parties should file both documents; complete versions of the pleadings and documents under seal, and a redacted version for public viewing, omitting only such portions as the Court has ordered may be filed under seal.

Summary: Documents not entirely confidential or privileged should not be sealed if redaction is reasonable; parties must file both a sealed complete version and a redacted public version.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Sealing must be justified for each individual item to be sealed or redacted; blanket claims of confidentiality are not allowed and will result in a denial of the application to seal. Counsel is strongly encouraged to consider carefully whether sealing or redaction is required for a given piece of evidence or argument. The inclusion of clearly meritless requests to seal or redact documents may result in the complete rejection of an application to seal.

Summary: Each item to be sealed must be individually justified; blanket confidentiality claims are prohibited and may result in denial of the seal application.

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

Summary: Documents must be narrowly tailored when filed under seal with good cause.

Machine summary. Not checked yet.CRITICAL?

Civil cases

If the sole ground for the sealing order is that the opposing party (or a non-party) has designated the document as confidential, the opposing party (or non-party) shall file a declaration establishing good cause for the sealing along with a proposed order, or shall withdraw the designation. The declaration shall be filed within five days of service on the opposing party (or non-party) of the request for a sealing order.

Summary: Declaration establishing good cause must be filed within 5 days of service request for sealing.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The Court cautions parties that documents designated as confidential that are attached as exhibits to case-dispositive motions, or redacted portions of case-dispositive briefs that contain confidential information, must meet the high 'compelling reasons' test articulated in Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122 (9th Cir. 2003).

Summary: Confidential documents in case-dispositive motions must meet 'compelling reasons' test.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Notwithstanding any provision of a protective order to the contrary, any document, whether previously designated confidential or previously sealed, will be unsealed and will lose its confidential status if offered as an exhibit at trial, absent a showing of the 'most compelling' reasons.

Summary: Documents lose confidential status if offered as trial exhibits without 'most compelling' reasons.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Any party believing that a document, portions thereof, or witness testimony should remain confidential or sealed during trial must request in advance of trial that the court take extraordinary measures, such as closing the courtroom to the public or sealing the trial transcript, to protect the confidentiality of that information. The request must be made in writing and filed no later than the date on which pretrial papers are due.

Summary: Written request for extraordinary measures must be filed by pretrial papers deadline.

Machine summary. Not checked yet.CRITICAL?

Civil cases

If previously sealed documents are ordered unsealed for use at trial, counsel for the party offering the document as evidence shall, within two business days of the conclusion of the trial, identify which entries on the docket represent the exhibit actually received.

Summary: Counsel must identify unsealed trial exhibits on docket within 2 business days after trial.

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

Summary: Documents must be narrowly tailored when filed under seal with good cause.

Machine summary. Not checked yet.CRITICAL?

Civil cases

If the sole ground for the sealing order is that the opposing party (or a non-party) has designated the document as confidential, the opposing party (or non-party) shall file a declaration establishing good cause for the sealing along with a proposed order, or shall withdraw the designation. The declaration shall be filed within five days of service on the opposing party (or non-party) of the request for a sealing order.

Summary: Declaration establishing good cause must be filed within 5 days of service request for sealing.

Machine summary. Not checked yet.CRITICAL?

Civil cases

The Court cautions parties that documents designated as confidential that are attached as exhibits to case-dispositive motions, or redacted portions of case-dispositive briefs that contain confidential information, must meet the high 'compelling reasons' test articulated in Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122 (9th Cir. 2003).

Summary: Confidential documents in case-dispositive motions must meet 'compelling reasons' test.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Notwithstanding any provision of a protective order to the contrary, any document, whether previously designated confidential or previously sealed, will be unsealed and will lose its confidential status if offered as an exhibit at trial, absent a showing of the 'most compelling' reasons.

Summary: Documents lose confidential status if offered as trial exhibits without 'most compelling' reasons.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Any party believing that a document, portions thereof, or witness testimony should remain confidential or sealed during trial must request in advance of trial that the court take extraordinary measures, such as closing the courtroom to the public or sealing the trial transcript, to protect the confidentiality of that information. The request must be made in writing and filed no later than the date on which pretrial papers are due.

Summary: Written request for extraordinary measures must be filed by pretrial papers deadline.

Machine summary. Not checked yet.CRITICAL?

Civil cases

If previously sealed documents are ordered unsealed for use at trial, counsel for the party offering the document as evidence shall, within two business days of the conclusion of the trial, identify which entries on the docket represent the exhibit actually received.

Summary: Counsel must identify unsealed trial exhibits on docket within 2 business days after trial.

Machine summary. Not checked yet.WARNING?

Civil cases

Parties must make every effort to limit the number and volume of under seal filings. There is a strong presumption of access in civil cases.

Summary: Limit number and volume of seal filings; strong presumption of access in civil cases.

Machine summary. Not checked yet.WARNING?

REJECTED DOCUMENTS WILL BE DESTROYED UNLESS COUNSEL CONTACTS THE CLERK WITHIN FIVE (5) DAYS TO RETRIEVE THE DOCUMENTS.

Summary: Rejected documents will be destroyed unless retrieved within 5 days.

Machine summary. Not checked yet.WARNING?

REJECTED DOCUMENTS WILL BE DESTROYED UNLESS COUNSEL CONTACTS THE CLERK WITHIN FIVE (5) DAYS TO RETRIEVE THE DOCUMENTS.

Summary: Rejected documents will be destroyed unless retrieved within 5 days.

Machine summary. Not checked yet.WARNING?

REJECTED DOCUMENTS WILL BE DESTROYED UNLESS COUNSEL CONTACTS THE CLERK WITHIN 5 DAYS TO RETRIEVE THE DOCUMENTS.

Summary: Rejected documents will be destroyed unless retrieved from clerk within 5 days.

Machine summary. Not checked yet.WARNING?

REJECTED DOCUMENTS WILL BE DESTROYED UNLESS COUNSEL CONTACTS THE CLERK WITHIN 5 DAYS TO RETRIEVE THE DOCUMENTS.

Summary: Rejected documents will be destroyed unless retrieved from clerk within 5 days.

Machine summary. Not checked yet.WARNING?

Civil cases

Time records ultimately filed publicly with a motion for fees may be redacted to preserve the attorney-client privilege or work product. The Court will require an in camera unredacted submission.

Summary: Public fee records may be redacted for privilege/work product, but unredacted version must be submitted in camera.

Machine summary. Not checked yet.WARNING?

Civil cases

Paper Chambers copies of invoices should be unredacted. Redacted invoices should not be provided in paper to the Court.

Summary: Paper chambers copies of invoices must be unredacted; redacted invoices must not be provided in paper.

Machine summary. Not checked yet.WARNING?

Civil cases

Any proposed redactions must be highlighted in the under seal version of the document so that the Court may readily determine what information the party or parties seek to maintain as confidential.

Summary: Proposed redactions must be highlighted in the under-seal version.

Machine summary. Not checked yet.WARNING?

Civil cases

If the interested party fails to file a Declaration within this two-day period, the filing party is relieved of any obligation to file an application to seal and may publicly file the documents along with a Declaration of Compliance with this paragraph.

Summary: If the interested party misses the two-day declaration deadline, the filing party need not file an application to seal and may file publicly with a declaration of compliance.

Machine summary. Not checked yet.WARNING?

Civil cases

There is a strong presumption that the public has a right of access to records in civil cases. For non-dispositive motions, the party seeking to maintain the confidentiality of the document(s) or portions thereof must show good cause. For dispositive motions, the party seeking protection must articulate compelling reasons for maintaining the confidentiality of the document(s) and must seek relief that is narrowly tailored to the protected interest. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010).

Summary: Strong presumption of public access to civil case records; different standards for non-dispositive vs dispositive motions

Machine summary. Not checked yet.WARNING?

Civil cases

The existence of a Protective Order, a Stipulated Confidentiality Order, or the like, issued by the assigned Magistrate Judge relating to the treatment of documents produced during discovery, does not constitute a court Order permitting an under seal filing. An application to seal that is based solely on the existence of such an Order will be summarily denied.

Summary: Protective Orders or Confidentiality Orders do not permit under seal filings; applications based solely on these will be denied

Machine summary. Not checked yet.WARNING?

Civil cases

Stipulated Protective orders or confidentiality orders generally do not control under seal filings. Applications for under seal filings must state with specificity the basis for protection and should not rely exclusively on the existence of a protective order.

Summary: Under seal filings require specific basis for protection, not just protective orders.

Machine summary. Not checked yet.WARNING?

Civil cases

Under "Attachments," click the "Browse" button, and a file upload screen will appear. Navigate to where your "Unredacted Document" is saved, and select "Open." In the corresponding "Category" field, select "Unredacted Document" from the drop down list.

Summary: When filing a sealed declaration in support, attach the unredacted document with the category 'Unredacted Document'.

Machine summary. Not checked yet.WARNING?

Civil cases

If the screen turns red, as shown below, proceed to upload your documents. Under "Main Document," click the "Browse" button, and a file upload screen will appear. Navigate to where your Sealed Opposition is saved and select the file, then click "Open."

Summary: After the screen turns red, upload the sealed opposition PDF by browsing and selecting the file.

Machine summary. Not checked yet.WARNING?

Civil cases

If you have additional documents to attach, under "Attachments," click the "Browse" button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select "Open." In each corresponding "Category" field, select the name from the drop down list that correctly identifies each document. Click "Next."

Summary: Additional attachments to a sealed opposition must be individually uploaded and categorized from a dropdown list.

Machine summary. Not checked yet.WARNING?

Civil cases

As noted in the message on the next screen, you will need to link this Sealed Opposition to the motion or motions to which it relates. Click "Next."

Summary: A sealed opposition must be linked to the motion(s) it relates to during the e-filing process.

Machine summary. Not checked yet.WARNING?

Civil cases

Link the Sealed Opposition to the correct motion, and click "Next."

Summary: The sealed opposition must be linked to the correct motion before proceeding.

Machine summary. Not checked yet.WARNING?

Criminal cases

The inclusion of meritless requests to seal or redact documents may result in the complete rejection of an application to seal.

Summary: Including meritless requests to seal or redact documents in an application to seal may result in complete rejection of the application.

Machine summary. Not checked yet.WARNING?

Criminal cases

Please note: The title of the pleading will be placed on the public docket entry. For example: “Declaration of John Doe, Exhibit A.” If approved, the document itself will be sealed and not viewable by the public, but the entry (title) will be viewable.

Summary: Document titles appear on public docket even when sealed.

Machine summary. Not checked yet.WARNING?

Criminal cases

IMPORTANT NOTICE FOR ANYONE FILING DOCUMENTS UNDER SEAL IN A CRIMINAL CASE: Please pay attention to the TITLE in the caption of every document you submit to the Court for filing under seal. The title of your document will become part of the PUBLIC docket text when that document is entered on the docket, even though the document itself is sealed.

Summary: Document titles appear on public docket even when sealed.

Machine summary. Not checked yet.WARNING?

Civil cases

When electronically filing a sealed document, remember, the DOCKET ENTRY can be viewed by the public, even though the attached DOCUMENT will be sealed.

Summary: Docket entry text for sealed documents is public even if document is sealed.

Machine summary. Not checked yet.WARNING?

Counsel shall take care to ensure full compliance with the redaction requirements of Federal Rule of Criminal Procedure 49.1 and Local Criminal Rule 49.1-1.

Summary: Must comply with redaction requirements of Fed. R. Crim. P. 49.1 and Local Crim. R. 49.1-1.

Machine summary. Not checked yet.WARNING?

Criminal cases

Where possible, counsel (and pro se litigants) must avoid requesting the sealing of the application to seal, supporting declarations, and proposed order1 unless those documents also contain information that should be sealed. Overbroad requests to seal applications, declarations, and orders may be summarily denied.

Summary: Avoid sealing applications, declarations, and orders unless they contain sealable information; overbroad requests may be denied.

Machine summary. Not checked yet.WARNING?

There is a strong presumption of access in civil actions. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). Parties that submit frivolous motions to seal or overly broad motions will be subject to sanctions.

Summary: Strong presumption of access in civil actions; frivolous/overly broad sealing motions subject to sanctions.

Machine summary. Not checked yet.WARNING?

Generic and vague references to 'competitive harm' are almost always insufficient justification for sealing.

Summary: Generic 'competitive harm' claims are almost always insufficient for sealing.

Machine summary. Not checked yet.WARNING?

If a party files a request to seal that is significantly overbroad and/or does not provide adequate reasons for concealing information from the public, the party bears the risk that the Court will simply deny the request in its entirety and place all documents sought to be sealed on the public docket.

Summary: Overbroad sealing requests may be denied entirely and placed on public docket.

Machine summary. Not checked yet.WARNING?

An application to seal that includes meritless requests to seal or redact documents will be denied.

Summary: Applications with meritless sealing/redaction requests will be denied.

Machine summary. Not checked yet.WARNING?

Criminal cases

Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file both documents—a complete version of the pleadings and document(s) under seal, and a redacted version for public viewing—omitting only such portions as the Court has ordered may be filed under seal.

Summary: Redact confidential portions instead of sealing entire documents when possible.

Machine summary. Not checked yet.WARNING?

Civil cases

The Application, the proposed order, any redacted documents, and the text of the docket entry itself will be visible to the public, so be sure to draft them accordingly. The declaration and the document(s) proposed to be filed under seal will not be publicly viewable.

Summary: The application, proposed order, redacted documents, and docket text are public; the declaration and unredacted documents are sealed.

Machine summary. Not checked yet.WARNING?

Civil cases

As noted in the message on the next screen, you will need to link this Sealed Reply to the motion or motions to which it relates.

Summary: Sealed Reply must be linked to the related motion(s).

Machine summary. Not checked yet.WARNING?

Civil cases

Remember that this event is NOT restricted. Your Application for Leave for In Camera Review will be publicly visible, so do not include confidential information, and do not attach the documents you wish the Court to review in camera. If your Application is granted, you will be responsible for delivering copies of the documents directly to the judge’s chambers, in accordance with the judge’s procedures.

Summary: Application for Leave for In Camera Review must be filed publicly without confidential information or attached documents; if granted, deliver documents to chambers per judge's procedures.

Machine summary. Not checked yet.WARNING?

Criminal cases

If counsel opt for (b) above and do not contact the Courtroom Deputy Clerk within 24 hours, the documents will be destroyed.

Summary: Chambers copies will be destroyed if not picked up within 24 hours of seal denial.

Machine summary. Not checked yet.WARNING?

Civil cases

Counsel are directed to consider carefully whether to seek leave to file documents under seal. The procedure for obtaining leave is lengthy. Applications must in all instances be supported by good cause, and at times are subjected to an even higher standard. Most of the time, documents may not be filed under seal in their entirety, and appropriately redacted documents must still be filed on the public docket.

Summary: Sealing applications require good cause; most documents must be partially redacted.

Machine summary. Not checked yet.WARNING?

Civil cases

Counsel are reminded that there is a strong presumption that the public has a right of access to records in civil cases. For materials related to non-dispositive motions, the Designating Party must show good cause for the materials to be filed and maintained under seal. For materials related to dispositive motions, the standard is higher, and the Designating Party must articulate compelling reasons for maintaining the confidentiality of the document(s) and must seek relief that is narrowly tailored to the protected interest. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 667-79 (9th Cir. 2010).

Summary: Sealing requires good cause for non-dispositive motions, compelling reasons for dispositive motions.

Machine summary. Not checked yet.WARNING?

Civil cases

Counsel are ordered to meet and confer in person or by telephone at least seven calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing.

Summary: Parties must meet and confer at least 7 days before filing a sealing application.

Machine summary. Not checked yet.WARNING?

Civil cases

Closely related materials filed at the same time where some are proposed to be filed under seal and others will not be sealed shall be considered as a single document and filed as a single docket entry containing multiple attachments. For example, if certain exhibits to a declaration are to be filed under seal, even if other exhibits or the declaration are not, the entire document for which permission to seal should be sought is the declaration and all exhibits. The docket shall therefore include: i. One unredacted, sealed docket entry containing the declaration with all exhibits, including sealed exhibits, filed as an attachment to the declaration; and ii. a separate, redacted docket entry containing the declaration with all exhibits, including redacted exhibits, filed as an attachment to the declaration.

Summary: Closely related materials with mixed sealing status must be treated as single document with both sealed and redacted docket entries containing all attachments.

Not confirmed. Read the court's wording below.WARNING?

Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort.

Summary: Do not seal an entire document when its confidential portions can reasonably be redacted and filed separately.

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Civil cases

Parties shall make every effort to limit the number and volume of under seal filings. In most circumstances, parties should seek to file under seal only the specific portions of exhibits or documents for which there is a valid basis for filing under seal. Requests to file memoranda of points and authorities under seal are disfavored.

Summary: Under seal filings should be limited to specific portions with valid basis; memoranda under seal are disfavored.

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Civil cases

Parties shall make every effort to limit the number and volume of under seal filings. In most circumstances, parties should seek to file under seal only the specific portions of exhibits or documents for which there is a valid basis for filing under seal. Requests to file memoranda of points and authorities under seal are disfavored.

Summary: Under seal filings should be limited to specific portions with valid basis; memoranda under seal are disfavored.

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Civil cases

Parties shall make every effort to limit the number and volume of under seal filings. In most circumstances, parties should seek to file under seal only the specific portions of exhibits or documents for which there is a valid basis for filing under seal. Requests to file memoranda of points and authorities under seal are disfavored.

Summary: Limit under seal filings to specific portions; memoranda under seal are disfavored.

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Civil cases

Parties shall make every effort to limit the number and volume of under seal filings. In most circumstances, parties should seek to file under seal only the specific portions of exhibits or documents for which there is a valid basis for filing under seal. Requests to file memoranda of points and authorities under seal are disfavored.

Summary: Under seal filings should be limited; only specific portions with valid basis; memoranda under seal are disfavored.

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Criminal cases

Judge Anderson’s procedures for under seal filings differ in certain respects from those contained in the Central District of California’s Local Rules. Parties shall make every effort to limit the number and volume of under seal filings. In most circumstances, parties should seek to file under seal only the specific portions of exhibits or documents for which there is a valid basis for filing under seal.

Summary: Limit under seal filings to specific portions with valid basis; minimize number and volume.

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Civil cases

Parties shall make every effort to limit the number and volume of under seal filings. In most circumstances, parties should seek to file under seal only the specific portions of exhibits or documents for which there is a valid basis for filing under seal. Requests to file memoranda of points and authorities under seal are disfavored.

Summary: Under seal filings should be limited; only specific portions with valid basis; memoranda under seal are disfavored.

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Criminal cases

The inclusion of clearly meritless requests to seal or redact documents may result in the complete rejection of an application to seal.

Summary: Meritless sealing/redaction requests may lead to complete rejection of the application.

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file (under seal if appropriate)

Summary: Trade secret identification statements may be filed under seal if the information is confidential.

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Such orders should not purport to allow, without further order of the Court, the filing under seal of pleadings or documents filed in connection with a dispositive motion, a class certification motion, or trial before the Court.

Summary: Protective orders cannot allow filing under seal without court order for dispositive motions, class certification, or trial.

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Criminal cases

Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with reasonable amount of effort.

Summary: Redact confidential portions instead of sealing entire document when possible.

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Criminal cases

The inclusion of clearly meritless requests to seal or redact documents may result in the complete rejection of an application to seal.

Summary: Meritless sealing requests may result in complete rejection of application.

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Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file an unredacted version of the document under seal, and a redacted version for public viewing, omitting only the portions that the Court has ordered may be filed under seal.

Summary: Parties should file a redacted public version and an unredacted sealed version when possible, rather than sealing entire documents.

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Such orders should not purport to allow, without further order of the Court, the filing under seal of pleadings or documents filed in connection with a dispositive motion, a class certification motion, or trial before the Court.

Summary: Protective orders should not allow sealing of certain documents without further court order.

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The existence of a protective order does not alone justify the filing of pleadings or other documents under seal, in whole or in part.

Summary: A protective order alone does not justify filing documents under seal.

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Criminal cases

The inclusion of clearly meritless requests to seal or redact documents may result in the complete rejection of an application to seal.

Summary: Meritless sealing requests may result in complete rejection.

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Civil cases

When electronically filing a sealed document, remember, the DOCKET ENTRY can be viewed by the public, even though the attached DOCUMENT will be sealed.

Summary: Docket entries for sealed documents are public even if the document is sealed.

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Civil cases

Note the warning message on the following screen, and click “Next.”

Summary: Warning message must be acknowledged during sealed document filing.

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Civil cases

The Application, the proposed order, any redacted documents, and the text of the docket entry itself will be visible to the public, so be sure to draft them accordingly. The declaration and the document(s) proposed to be filed under seal will not be publicly viewable.

Summary: Application, proposed order, redacted documents and docket entry are public; declaration and sealed documents are not.

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Criminal cases

A separate Application for Leave to File Under Seal is not necessary unless the filer believes that documents filed in the case should remain under seal after the executed warrant has been returned; in that event, an Application for Leave to File Under Seal should be electronically filed as docket number two (Dkt. No. 2) in the case, with a Proposed Order attached.

Summary: A separate motion to seal is not needed for warrant applications unless documents must remain sealed after the warrant is returned; if so, file an Application for Leave to File Under Seal as Dkt. No. 2 with a Proposed Order.

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Civil cases

Documents designated as confidential in conjunction with case-dispositive motions or briefs that do not satisfy the compelling reasons test may accordingly be re-designated as public information upon proper request.

Summary: Confidential documents failing compelling reasons test may be re-designated as public.

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Civil cases

Documents designated as confidential in conjunction with case-dispositive motions or briefs that do not satisfy the compelling reasons test may accordingly be re-designated as public information upon proper request.

Summary: Confidential documents failing compelling reasons test may be re-designated as public.

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Please note: The title of the pleading will be placed on the public docket entry. For example: "Declaration of John Doe, Exhibit A." If approved, the document itself will be sealed and not viewable by the public, but the entry (title) will be viewable.

Summary: Document titles will be public even if documents are sealed.

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Please note: The title of the pleading will be placed on the public docket entry. For example: "Declaration of John Doe, Exhibit A." If approved, the document itself will be sealed and not viewable by the public, but the entry (title) will be viewable.

Summary: Document titles will be public even if documents are sealed.

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Criminal cases

Sentencing is a matter of significant public interest and concern. Generally, the public has a right to know the basis on which the Court makes sentencing determinations. Therefore, the Court discourages under seal filings of entire sentencing documents. Sentencing documents may be filed under seal along with a redacted version that deletes only information that is properly filed under seal, and an explanation of the basis for each document or portion deleted, e.g., medical information, private information relating to family members (which explanation may be filed under seal). If all or nearly all of the sentencing position contains such information, counsel may seek leave to file the entire document under seal.

Summary: Sentencing documents generally not under seal; file redacted version with explanation; seek leave for entire document under seal.

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Criminal cases

Sentencing is a matter of significant public interest and concern. Generally, the public has a right to know the basis on which the Court makes sentencing determinations. Therefore, the Court discourages under seal filings of entire sentencing documents. Sentencing documents may be filed under seal along with a redacted version that deletes only information that is properly filed under seal, and an explanation of the basis for each document or portion deleted, e.g., medical information, private information relating to family members (which explanation may be filed under seal). If all or nearly all of the sentencing position contains such information, counsel may seek leave to file the entire document under seal.

Summary: Sentencing documents generally not under seal; file redacted version with explanation; seek leave for entire document under seal.

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Criminal cases

Sentencing is a matter of significant public interest and concern. Generally, the public has a right to know the basis on which the Court makes sentencing determinations. Therefore, the Court discourages under seal filings of entire sentencing documents. Sentencing documents may be filed under seal along with a redacted version that deletes only information that is properly filed under seal, and an explanation of the basis for each document or portion deleted, e.g., medical information, private information relating to family members (which explanation may be filed under seal). If all or nearly all of the sentencing position contains such information, counsel may seek leave to file the entire document under seal.

Summary: Sentencing documents generally public; under seal filings discouraged except for properly protected information with redacted version.

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“Declaration of John Doe, Exhibit A.” If approved, the document itself will be sealed and not viewable by the public, but the entry (title) will be viewable.

Summary: Sealed documents are not viewable by public, but entry title remains viewable.

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“Declaration of John Doe, Exhibit A.” If approved, the document itself will be sealed and not viewable by the public, but the entry (title) will be viewable.

Summary: Sealed documents are not viewable by public, but entry title remains viewable.

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Civil cases

while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing.

Summary: Sealed documents are not accessible through the Notice of Electronic Filing and are restricted from viewing.

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Civil cases

Filings Under Seal ...................................................................................... 15

Summary: Sealed filings are permitted.

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Criminal cases

The title of the pleading will be placed on the public docket entry. For example: “Declaration of John Doe, Exhibit A.” If approved, the document itself will be sealed and not viewable by the public, but the captioned title will be viewable.

Summary: The title of a pleading filed under seal will be placed on the public docket entry; the sealed document is not public, but the captioned title is viewable.

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Civil cases

Mediation statements shall be subject to the protection afforded by the confidentiality provisions contained in section 9 below. Mediation statements must not be filed and the assigned judge shall not have access to them.

Summary: Mediation statements are confidential and must not be filed.

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Civil cases

This rule does not prohibit: (a) disclosures as may be stipulated by all parties and the mediator; (b) disclosures as may be stipulated by all parties, without the consent of the mediator, for use in a subsequent confidential

Summary: Confidentiality exceptions for stipulated disclosures.

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The title of the pleading will be placed on the public docket entry. For example: "Declaration of John Doe, Exhibit A." If approved, the document itself will be sealed and not viewable by the public, but the entry (title) will be viewable.

Summary: Document titles appear on public docket even if sealed.

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Criminal cases

If the application to seal is DENIED, the CRD will delete the emailed PDF file(s). The CRD will not file any document(s) on the public docket.

Summary: Denied seal applications result in deletion of emailed files; no public filing.

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Criminal cases

Always use the term “in camera” where a document is to be submitted solely for the Court’s review. Use of the terms “under seal” and “ex parte” must not be used when the term “in camera” is more appropriate.

Summary: Use “in camera” for documents submitted solely for Court’s review; avoid “under seal” and “ex parte”.

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Criminal cases

Procedures for in camera review are set forth in Local Civil Rule 79-6. Documents submitted in camera are not always filed, but when they are, they are almost always filed and maintained under seal. Therefore, in camera documents are subject to these procedures. Each document must be conspicuously labeled as “in camera” on the first page. Marking them on every page (in the footer) as “in camera” is also suggested. The use of red text or highlighting is encouraged.

Summary: In camera documents must be labeled “in camera” on first page; red text or highlighting encouraged.

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Criminal cases

In all instances, sealed documents are subject to unsealing at a later date when the relevant legal standards so require.

Summary: Sealed documents may be unsealed later if legal standards require.

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Criminal cases

Notwithstanding Local Criminal Rule 49-1.2(b)(3) and Local Civil Rule 5-4.5, and in the absence of a case-specific order to the contrary, the parties need not submit paper copies of any documents to be filed under seal (or of any accompanying applications and declarations). Mandatory chambers copies need not be provided.

Summary: Paper copies and mandatory chambers copies not required for under-seal filings.

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Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort.

Summary: Non-confidential documents should be redacted, not sealed, if feasible.

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Counsel must consider carefully whether sealing or redaction is absolutely required for a given piece of evidence or argument.

Summary: Counsel must carefully consider whether sealing or redaction is absolutely required.

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Criminal cases

If the sealing request is approved, the document itself will be sealed and not viewable by the public. However, the title that you insert on the caption of the sealed document will be viewable on the docket entry. For example, the public docket entry would read as follows: “Declaration of John Doe, Exhibit A.” Therefore, you should be circumspect about the title of the document if that may reveal confidential information.

Summary: Sealed documents are not viewable by public, but titles appear on docket entries.

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Civil cases

An inadvertent failure to designate does not, standing alone, waive protection under this Order. Upon timely assertion or correction of a designation, all recipients must make reasonable efforts to ensure that the material is treated according to this Order.

Summary: Inadvertent failures to designate do not waive protection; recipients must treat material according to the order upon correction.

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Civil cases

All challenges to confidentiality designations shall proceed under Local Rule 37-1 through Local Rule 37-4.

Summary: Challenges to confidentiality designations must follow Local Rules 37-1 through 37-4.

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Civil cases

A receiving party may use designated material only for this litigation. Designated material may be disclosed only to the categories of persons and under the conditions described in this Order.

Summary: Designated material may only be used for this litigation and disclosed to specified categories of persons.

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Civil cases

Unless otherwise ordered by the Court or permitted in writing by the designator, a receiving party may disclose any material designated CONFIDENTIAL only to: 4.2.1 The receiving party's outside counsel of record in this action and employees of outside counsel of record to whom disclosure is reasonably necessary; 4.2.2 The officers, directors, and employees of the receiving party to whom disclosure is reasonably necessary, and who have signed the Agreement to Be Bound (Exhibit E-1); 4.2.3 Experts retained by the receiving party's outside counsel of record to whom disclosure is reasonably necessary, and who have signed the Agreement to Be Bound (Exhibit E-1); 4.2.4 The Court and its personnel; 4.2.5 Outside court reporters and their staff, professional jury or trial consultants, and professional vendors to whom disclosure is reasonably necessary, and who have signed the Agreement to Be Bound (Exhibit E-1); 4.2.6 During their depositions, witnesses in the action to whom disclosure is reasonably necessary and who have signed the Agreement to Be Bound (Exhibit E-1); and 4.2.7 The author or recipient of a document containing the material, or a custodian or other person who otherwise possessed or knew the information.

Summary: CONFIDENTIAL material may be disclosed without further approval only to specified categories of persons who have signed the Agreement to Be Bound.

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Civil cases

Unless permitted in writing by the designator, a receiving party may disclose material designated HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL – SOURCE CODE without further approval only to: 4.3.1 The receiving party's outside counsel of record in this action and employees of outside counsel of record to whom it is reasonably necessary to disclose the information; 4.3.2 The Court and its personnel; 4.3.3 Outside court reporters and their staff, professional jury or trial consultants, and professional vendors to whom disclosure is reasonably necessary, and who have signed the Agreement to Be Bound (Exhibit E-1); and 4.3.4 The author or recipient of a document containing the material, or a custodian or other person who otherwise possessed or knew the information.

Summary: HIGHLY CONFIDENTIAL material may be disclosed without further approval only to specified categories of persons who have signed the Agreement to Be Bound.

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Civil cases

Unless agreed to in writing by the designator:

Summary: Disclosure of HIGHLY CONFIDENTIAL material to in-house counsel or experts requires written agreement from the designator.

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Civil cases

This provision shall not prevent counsel from retaining an archival copy of all pleadings, motion papers, trial, deposition and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if such materials contain designated material. Any such archival copies remain subject to this Order.

Summary: Archival copies of certain materials may be retained despite containing designated material.

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Remember that this event is NOT restricted. Your Application for Leave for In Camera Review will be publicly visible

Summary: Application for Leave for In Camera Review is a public, unrestricted e-filing event.

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Civil cases

An inadvertent failure to designate does not, standing alone, waive protection under this Order. Upon timely assertion or correction of a designation, all recipients must make reasonable efforts to ensure the material is treated according to this Order.

Summary: Inadvertent failure to designate does not waive protection; recipients must treat material per order upon timely correction.

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Counsel is strongly encouraged to consider carefully whether sealing or redaction is required for a given piece of evidence or argument. An application to seal that includes clearly meritless requests to seal or redact documents

Summary: Counsel must carefully consider sealing/redaction necessity; meritless sealing requests are discouraged.

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Criminal cases

Please note: The title of the pleading will be placed on the public docket entry. For example: “Declaration of John Doe, Exhibit A.” If approved, the document itself will be sealed and not viewable by the public, but the entry (title) will be viewable.

Summary: Sealed document titles for full sealing requests are publicly viewable on the docket even though the document is sealed.

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Criminal cases

The title of your document will become part of the PUBLIC docket text when that document is entered on the docket, even though the document itself is sealed.

Summary: All sealed document titles are publicly viewable on the docket even though the document is sealed.

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If the sealing request is approved, the document itself will not be viewable by the public, but the title of the pleading will be placed on the public docket and viewable (e.g., “Declaration of John Doe, Exhibit A”).

Summary: Sealed documents are not viewable but title appears on public docket.

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If the parties intend to file multiple applications to seal, they are encouraged to file a joint application to seal that identifies (1) the record evidence that all parties agree should be sealed and (2) the record evidence each party separately desires to be sealed.

Summary: Parties are encouraged to file a joint application to seal when multiple sealing applications are needed.

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Civil cases

Absent a Court order, discovery cannot be withheld on the basis of confidentiality. The Court's Standing Protective Order shall govern discovery unless the Court enters a different protective order, which may be entered by the assigned Magistrate Judge without further order from the District Judge.

Summary: Discovery cannot be withheld for confidentiality without court order; Standing Protective Order governs unless modified.

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Civil cases

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing.

Summary: Sealed documents are restricted from viewing through NEF.