Judge Steve Kim
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Application For Leave In Camera Review
- Hand Delivery • Upon Grant
Proposed Order
Sealed Document
- 2 copies • Upon Filing
- Upon Filing
Document Format Requirements23 rules
Machine summary. Not checked yet.Mandatory?
Note: The “Use hyperlinks instead of page numbers” must be checked or the table of contents will not have active links upon conversion to PDF.
Summary: Table of contents must have 'Use hyperlinks instead of page numbers' option checked to retain active hyperlinks when converted to PDF.
Machine summary. Not checked yet.Mandatory?
Note: If your table has more than three levels, you must set Show levels to the correct number.
Summary: Table of contents with more than three levels must have Show levels set to the appropriate number.
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Note: Do not Print to PDF. All active links in your Word document become inactive in PDFs created using Print to PDF. When the entire document is complete, using MS Word, Save the document as a PDF or Create PDF in accordance with the instructions in this Guide.
Summary: Documents with hyperlinks must be saved as PDF using MS Word's Save as PDF or Create PDF function, not Print to PDF, to retain active links.
Machine summary. Not checked yet.Mandatory?
Convert the brief to a PDF following the instructions below.
Summary: Briefs must be converted to PDF format before filing.
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Save the order as a PDF as described in these instructions.
Summary: Proposed orders must be saved in PDF format.
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Save all the attachment documents you will cite into a single folder in your computer. The documents must be in PDF format.
Summary: Attachment documents cited in a brief must be saved in PDF format.
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Add links to all the citations in your brief accordingly.
Summary: All citations in a brief must include hyperlinks to the corresponding cited documents.
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Use the PDF page number, not a Bates number or footer page number, for the citation.
Summary: Citations to PDF attachments must use the PDF page number rather than Bates or footer page numbers.
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b Browse to and select as an Attachment each PDF file to which a link was created in your brief.
Summary: Linked evidence files attached to hyperlinked briefs must be in PDF format.
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All documents filed in CM/ECF are in PDF format, so all documents created for filing must be converted to a PDF document.
Summary: All documents filed in CM/ECF must be converted to PDF format.
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Do NOT use Print to PDF to create a PDF of an order with hyperlinks–the hyperlinks will be lost.
Summary: Print to PDF is prohibited for orders with hyperlinks because hyperlinks will be lost.
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Do NOT print the document and scan it to PDF format.
Summary: Printing and scanning documents to PDF format is prohibited.
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After the document is published to PDF, you may upload it to CM/ECF using typical filing processes. With the exception of filing a document with links to its own attachments (discussed previously), no special steps are needed for filing a hyperlinked document on CM/ECF.
Summary: Hyperlinked documents must be published to PDF before filing on CM/ECF, with no special steps required except for documents with links to their own attachments.
Machine summary. Not checked yet.Mandatory?
After the Acrobat tab is added, save a document as a PDF by selecting the Acrobat tab, and then Create PDF.
Summary: Documents must be saved as PDF using the Acrobat tab's Create PDF function prior to electronic filing on CM/ECF.
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You will upload your PDF documents on the next screen. 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.”
Summary: Application for Leave to File Under Seal must be uploaded as a PDF under the Main Document section when e-filing.
Machine summary. Not checked yet.Mandatory?
The next screen is where you will upload your PDF documents.
Summary: Sealed Declaration in Support documents must be uploaded in PDF format.
Machine summary. Not checked yet.Mandatory?
This is where you will upload your PDF documents.
Summary: Sealed documents must be uploaded as PDF files when e-filing under seal.
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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.
Summary: Sealed motion documents must be uploaded in PDF format when e-filing.
Machine summary. Not checked yet.Mandatory?
You will upload your PDF documents on the next screen. Under “Main Document,” click the “Browse” button, and a file upload box will appear. Navigate to your “Application for Leave for In Camera Review” and select the file, then click “Open.”
Summary: Application for Leave for In Camera Review must be uploaded as a PDF document when e-filing.
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***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: Unredacted copies of documents sent via email and included in the chambers copy must have redacted portions bracketed and highlighted.
Machine summary. Not checked yet.Note?
Subject to the court’s local rules, the following types of hyperlinks are typically allowed in court documents. Internal Links For example, the Table of Contents located at the beginning of this Guide. Links to documents previously filed on CM/ECF Links to attachments and exhibits being filed with your brief Note: Evidence must be filed of record. A hyperlink to a public website where evidence can be found is not a substitute for filing evidence in support of a motion. Links to case and statute For example: citations Westlaw, Note: Unless a cited case cannot reasonably be found from a public source, it is not necessary to attach copies of cases or statutes Lexis, to your brief. or court websites.
Summary: Court documents typically allow specific hyperlink types subject to local rules, with clarifications that evidence hyperlinks do not replace filing requirements and case copies need not be attached if publicly available.
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To include hyperlinks in your filed documents, place all the links into the document using your word processing system before converting the document to a PDF format.
Summary: Hyperlinks must be added in word processing software before PDF conversion to be retained in filed documents.
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Large documents or documents containing forms, photos or graphics should be saved as an optimized PDF to reduce file storage size. Select File and Click Save As. From the Save as type dropdown menu, select PDF. From the Optimize for radio buttons, Select Minimum size (publishing online). Click Save.
Summary: Large documents or those containing forms, photos, or graphics should be saved as optimized PDFs to reduce file size.
Document Filing Requirements11 rules
Machine summary. Not checked yet.Mandatory?
Note that, if you are the party that has designated a document confidential pursuant to a protective order, L.R. 79-5.2.2(b)(i) requires you to file a Declaration explaining why the documents should be filed under seal. You should use the “Sealed Declaration in Support” event to file this declaration.
Summary: Parties who designated confidential documents under a protective order must file a declaration explaining the need for sealing via the 'Sealed Declaration in Support' event.
Document Type
Declaration In Support Of Sealed Filing
Machine summary. Not checked yet.Mandatory?
Your Application must be accompanied by: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of the documents proposed to be filed under seal. L.R. 79-5.2.2(a)-(b) (eff. 12/1/15).
Summary: Application for Leave to File Under Seal must be accompanied by a declaration, proposed order, redacted and unredacted versions of the sealed document.
Document Type
Application For Leave To File Under Seal
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All sealed documents should be clearly marked as “FILED UNDER SEAL PURSUANT TO ORDER OF THE COURT DATED ______.” L.R. 79-5.2.2(c).
Summary: All sealed documents must be marked with the language “FILED UNDER SEAL PURSUANT TO ORDER OF THE COURT DATED ______” per L.R. 79-5.2.2(c).
Document Type
Sealed Document
Machine summary. Not checked yet.Mandatory?
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 the word “REDACTED” in the caption and docket text.
Document Type
Redacted Document
Machine summary. Not checked yet.Mandatory?
Local Rule 79-5.2.2 requires that certain documents be filed with the Application: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of any documents proposed to be filed under seal.
Summary: Application for Leave to File Under Seal must include a proposed order, declaration, redacted version of partially sealed documents, and unredacted version of fully sealed documents.
Document Type
Application For Leave To File Under Seal
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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: Application for Leave to File Under Seal must include a Proposed Order as an attachment.
Document Type
Application For Leave To File Under Seal
Machine summary. Not checked yet.Mandatory?
Use this event to file a declaration required by either L.R. 79-5.2.2(a)(i) or L.R. 79-5.2.2(b)(i).
Summary: A Sealed Declaration in Support is required by Local Rules 79-5.2.2(a)(i) or (b)(i) for under seal filings.
Document Type
Sealed Declaration In Support
Machine summary. Not checked yet.Mandatory?
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.
Summary: Sealed document captions are required during e-filing and must not contain confidential information as they are publicly visible.
Document Type
Sealed Document
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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. Click “Next.”
Summary: Sealed document captions must be entered in the second free text field and must not contain confidential information as they are publicly visible.
Document Type
Sealed Motion
Machine summary. Not checked yet.Mandatory?
Proposed order shall have an alternative signature line in case it's denied: 1. Counsel shall publically file the document(s), if the party wants the Court to consider the document(s); (Add an option below for return of documents) 2. Attorney shall retrieve the chambers copy of the document(s); or, 3. Clerk destroys the chambers copy of the document(s).
Summary: Proposed orders for all seal requests must include an alternative signature line for denial with specified options.
Document Type
Proposed Order
Machine summary. Not checked yet.Note?
use a consistent citation format that cites the CM/ECF filing number along with the CM/ECF page number.
Summary: Documents containing links to CM/ECF filings must use a consistent citation format including the CM/ECF filing number and page number.
Document Type
Court Document
Filing & Service rules
Electronic Filing Rules
PDF versions of briefs must be filed in CM/ECF.
File the PDF version of the document in CM/ECF.
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Page 29 | Manually Inserting Hyperlinks
Cited documents not previously filed in CM/ECF must be attached to the brief to be linked.
If a document cited in your brief has not previously been filed on CM/ECF, you may link to the document within your order only if the document is filed as an attachment to your brief.
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Page 29 | Adding Links to Attachments to the Document being Filed
Hyperlinked briefs must be filed on CM/ECF with the brief as the main document, all linked PDFs as attachments, each attachment with a selected document type and written description (unique if similarly labeled), and all evidence attached before completing filing.
8 File the brief and evidence as follows: a Following the normal procedure for filing orders on CM/ECF, browse to and select your brief with links as the main document. b Browse to and select as an Attachment each PDF file to which a link was created in your brief. c Using the drop-down list, select the type of document attached, and provide a written description of the document. (Note: The written description will become the name assigned as a PDF bookmark when the file is downloaded by the court. However, a unique description is needed if similarly labeled documents are cited.) R e Repeat the foregoing steps until all cited evidence is filed as an attachment to your brief. d When all evidence attachments have been added to the brief, click Next and complete the remaining steps for filing the brief on CM/ECF. Once filed, the links in the brief will link directly to the evidence filed of record as attachments to the brief.
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Page 33 | Attorney Guide to Hyperlinking in the Federal Courts
Hyperlinked documents must be filed via CM/ECF using typical electronic filing processes, with no special steps required except for documents with links to their own attachments.
After the document is published to PDF, you may upload it to CM/ECF using typical filing processes. With the exception of filing a document with links to its own attachments (discussed previously), no special steps are needed for filing a hyperlinked document on CM/ECF.
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Page 57 | Publish to PDF—Retaining the Hyperlinks
Attorneys must e-file sealed documents in public/non-sealed civil cases via CM/ECF, with exceptions for criminal cases, entirely sealed cases, and pro se parties.
Effective December 1, 2015, the United States District Court for the Central District of California will amend its local rules to require attorneys to electronically file sealed documents in otherwise PUBLIC/NON-SEALED CIVIL CASES using the Court’s CM/ECF system. Note that the new rules require electronic filing only in PUBLIC/NON-SEALED CIVIL CASES. For now, continue to file sealed documents in criminal cases in paper, or as otherwise directed by your assigned judge’s standing orders. Likewise, continue to file all documents in paper in any case in which the entire case is under seal. And note that pro se parties who have been granted permission to file documents electronically must nonetheless continue to file sealed documents in paper; the CM/ECF system does not allow pro se parties to e-file sealed documents.
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Page 3 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
Sealed documents e-filed via CM/ECF must use the 'Under Seal Filing Events' menu, not regular motion event menus.
Please note that, within CM/ECF, a separate menu of events related to the e-filing of sealed documents has been created (“Under Seal Filing Events”). If you attempt to e-file a sealed document, you must use one of the events available from this menu, or your document will not be filed under seal. Do not use a regular motion event on the “Motions and Related Filings” menu, as any documents so filed will be public.
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Page 3 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
Sealed motions must be filed using the 'Sealed Motion' event, and sealed exhibits using the 'Sealed Document' event linked to the related motion.
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.
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Page 4 | OVERVIEW OF E-FILING PROCEDURES
Only documents filed using specific sealed docket entries from the CIVIL Under Seal Filing Events menu are sealed upon submission.
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
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Page 5 | Available Events
Sealed documents must be filed in paper if electronic filing is impossible due to CM/ECF technical failure per L.R. 5-4.6.2.
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.
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Page 6 | Problems Filing a Sealed Document
Application for Leave to File Under Seal must be electronically filed via ECF as a two-step process separating public and sealed components.
Electronically filing an Application for Leave to File Under Seal is a two-step process.
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Page 7 | APPLICATION FOR LEAVE TO FILE UNDER SEAL: SCREEN‐BY‐SCREEN INSTRUCTIONS
“Application” must be selected as the moving document type when filing an Application for Leave to File Under Seal.
Select “Application” for your moving document, and click “Next.”
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Page 9 | Guide to Electronically Filing Under-Seal Documents in Civil Cases
Filing party’s role must be entered in the “Party Role” field when filing an Application for Leave to File Under Seal.
Enter the filing party’s role in the “Party Role” field, and click “Next.”
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Page 10 | Guide to Electronically Filing Under-Seal Documents in Civil Cases
Date and Time fields must be left blank when filing Application for Leave to File Under Seal as no hearing is required.
As no hearing is required, leave the “Date” and “Time” fields blank, and click “Next” to bypass this screen.
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Page 10 | Guide to Electronically Filing Under-Seal Documents in Civil Cases
Amended Applications for Leave to File Under Seal must use the “Amendment (Motion related)” event to avoid duplicate motions on the judge’s calendar.
If you are amending an existing Application for Leave to File Under Seal, please use the “Amendment (Motion related)” event located under “Responses, Replies and Other Motion Related Documents” on the main Civil Events Screen. If you use the “Leave to File Document Under Seal” event to file an amended version of an Application already on file, the system will create an unnecessary duplicate motion on the Judge’s calendar.
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Page 10 | Guide to Electronically Filing Under-Seal Documents in Civil Cases
After clicking 'Next' on the final docket entry text screen when filing an Application for Leave to File Under Seal, clicking 'Back' will cause an error.
DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button at that point will create an error.
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Page 11 | STEP 1: Application for Leave to File Under Seal
Sealed Declaration in Support must be filed via the ECF event path: Civil > Under Seal Filings > Under Seal Filing Events > Sealed Declaration in Support.
Civil > Under Seal Filings > Under Seal Filing Events > Sealed Declaration in Support
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Page 12 | STEP 2: Sealed Declaration in Support
When filing a Sealed Declaration in Support, the filing party must be selected from parties who have already appeared in the case, followed by two Next clicks.
On the following screen, select the party filing the Declaration from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” Click “Next” again on the following screen.
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Page 13 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
To file a Sealed Declaration in Support electronically, the filer must select the corresponding event from the list and click Next.
Select the “Sealed Declaration in Support” event from the list presented, and click “Next.”
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Page 13 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
After the upload screen turns red, the Sealed Declaration in Support must be uploaded under the “Main Document” field.
If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload box will appear. Navigate to where you have saved your Declaration in Support of Application for Leave to File Under Seal, select the file, and click “Open.”
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Page 14 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
When e-filing under-seal documents, do not click the “Back” button after clicking “Next” on the final docket entry screen, as this will cause an error.
DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error.
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Page 16 | Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases
The Sealed Document e-filing event is the only permissible method to e-file sealed documents and requires a prior court order granting leave to file under seal.
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.
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Page 17 | SEALED DOCUMENT: SCREEN‐BY‐SCREEN INSTRUCTIONS
When e-filing sealed documents, the upload screen must turn red after selecting 'A Court Order' and clicking Next twice; if not, stop and restart the docketing process as documents will not be filed under seal.
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.
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Page 19 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
Sealed documents must be linked to a previously entered order granting leave to file under seal to proceed with e-filing docketing.
You must next link your Sealed Document to an Order granting leave to file the document under seal.
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Page 21 | Guide to Electronically Filing Under-Seal Documents in Civil Cases
E-filing a sealed motion is only permitted if the filer has a prior court order granting leave to file the motion under seal.
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.
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Page 24 | SEALED MOTION (GENERIC SEALED MOTION‐TYPE EVENT): SCREEN‐BY‐SCREEN INSTRUCTIONS
When e-filing a sealed motion, the screen must turn red to confirm proper under-seal docketing; if not, restart the process.
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 Motion again.
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Page 26 | SEALED MOTION (GENERIC SEALED MOTION-TYPE EVENT): SCREEN-BY-SCREEN INSTRUCTIONS
Sealed motions must be linked to a previously entered order granting leave to file under seal, otherwise docketing cannot proceed.
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. Make a selection from this list, and click “Next.”
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Page 27 | SEALED MOTION (GENERIC SEALED MOTION-TYPE EVENT): SCREEN-BY-SCREEN INSTRUCTIONS
Appropriate moving document type must be selected when e-filing a sealed motion.
Select the appropriate type for your moving document, and click “Next.”
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Page 27 | SEALED MOTION (GENERIC SEALED MOTION-TYPE EVENT): SCREEN-BY-SCREEN INSTRUCTIONS
Warning message on the following screen must be noted when e-filing a sealed motion.
Note the warning message on the following screen, and click “Next.”
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Page 28 | SEALED MOTION (GENERIC SEALED MOTION-TYPE EVENT): SCREEN-BY-SCREEN INSTRUCTIONS
Service reminder message must be reviewed when e-filing a sealed motion.
Review the REMINDER message regarding service on the next screen. Click “Next.”
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Page 28 | SEALED MOTION (GENERIC SEALED MOTION-TYPE EVENT): SCREEN-BY-SCREEN INSTRUCTIONS
Hearing information for the presiding judge must be entered when e-filing a sealed motion.
Enter the hearing information for the judge before whom the motion is noticed.
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Page 28 | SEALED MOTION (GENERIC SEALED MOTION-TYPE EVENT): SCREEN-BY-SCREEN INSTRUCTIONS
When e-filing under-seal documents, do not click the Back button after clicking Next on the final docket entry screen, as this will cause an error.
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.
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Page 29 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
Sealed Opposition e-filing event is located at the path Civil > Under Seal Filings > Under Seal Filing Events > Sealed Opposition.
Civil > Under Seal Filings > Under Seal Filing Events > Sealed Opposition
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Page 31 | SEALED OPPOSITION: SCREEN‐BY‐SCREEN INSTRUCTIONS
Filers must select “Under Seal Filing Events” under the “UNDER SEAL FILINGS” heading on the Civil Event Screen to access sealed opposition e-filing.
1. From the Civil Event Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.”
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Page 31 | SEALED OPPOSITION: SCREEN‐BY‐SCREEN INSTRUCTIONS
Filers must select the correct case from any presented list and click Next on the subsequent two screens when e-filing a Sealed Opposition.
3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen.
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Page 31 | SEALED OPPOSITION: SCREEN‐BY‐SCREEN INSTRUCTIONS
E-filing a Sealed Opposition requires entering the case number in the Civil Case Number field and clicking Find This Case.
2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.”
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Page 31 | SEALED OPPOSITION: SCREEN‐BY‐SCREEN INSTRUCTIONS
The filing party for a Sealed Opposition must be selected from the list of parties who have already appeared in the case.
5. On the following screen, select the party filing the Sealed Opposition from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.”
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Page 32 | SEALED OPPOSITION: SCREEN‐BY‐SCREEN INSTRUCTIONS
Filers must select the “Sealed Opposition” event from the presented list and click Next to proceed with e-filing.
4. Select the “Sealed Opposition” event from the list presented, and click “Next.”
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Page 32 | SEALED OPPOSITION: SCREEN‐BY‐SCREEN INSTRUCTIONS
Filers must answer the question presented on the screen during the Sealed Opposition e-filing process and click Next.
6. The next screen will present a question. Answer it, and click “Next.”
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Page 32 | SEALED OPPOSITION: SCREEN‐BY‐SCREEN INSTRUCTIONS
When e-filing sealed opposition with attachments, upload each via Attachments Browse button, select correct category from dropdown.
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.”
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Page 33 | Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases
When e-filing sealed opposition, selecting 'A Court Order' then clicking Next twice leads to upload screen; screen must turn red, else documents will not be filed under seal, restart docketing process.
If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. 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.
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Page 33 | Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases
For sealed opposition e-filing, after screen turns red, upload main document via Browse button, select file, click Open.
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.”
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Page 33 | Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases
Sealed Opposition e-filing requires linking the document to the motion(s) it relates to.
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.” Link the Sealed Opposition to the correct motion, and click “Next.”
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Page 34 | Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases
Click Next after the final docket text appears when e-filing under-seal documents.
The final docket text will appear on the next screen. Click “Next.”
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Page 35 | SEALED DOCUMENT: SCREEN-BY-SCREEN INSTRUCTIONS
When e-filing sealed reply after selecting “A Court Order”, upload screen must turn red; if not, stop and restart docketing.
If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. 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.
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Page 39 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
Attachments to sealed reply must have correct category selected from drop down list.
In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document.
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Page 39 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
Sealed Reply must be linked to related motion(s) and an Order granting leave to file under seal; docketing cannot continue without the order.
11. 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. Click “Next.” 12. Link the Sealed Reply to the correct motion, and click “Next.” 13. 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.”
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Page 40 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
Application for Leave for In Camera Review must be e-filed via the court’s e-filing system under the Under Seal Filing Events menu.
Civil > Under Seal Filings > Under Seal Filing Events > Leave For In Camera Review. From the Civil Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.”
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Page 43 | APPLICATION FOR LEAVE FOR IN CAMERA REVIEW: SCREEN‐BY‐SCREEN INSTRUCTIONS
When attaching additional documents to an Application for Leave for In Camera Review, select the correct category from the dropdown list for each attachment.
If you have any additional documents to attach, click the “Browse” button under “Attachments,” and a file upload screen will appear. Individually navigate to the documents you want to attach, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.”
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Page 45 | Step 7
Applications for Leave for In Camera Review do not require a hearing; do not set a hearing date when e-filing.
NO HEARING is required for this application, so DO NOT set a hearing date.
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Page 46 | Step 10
Amended Applications for Leave for In Camera Review must use the “Amendment (Motion related)” event to avoid duplicate motions on the judge’s calendar.
If you are amending an existing Application for Leave for In Camera Review, please use the “Amendment (Motion related)” event located under “Responses, Replies and Other Motion Related Documents” on the main Civil Events page. If you use the “Leave for In Camera Review” event to file an amended version of an Application already on file, the system will create an unnecessary duplicate motion on the Judge’s calendar.
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Page 46 | Step 9
For requests to seal only documents (not the application and order), the application to seal and/or declaration must be electronically filed with the proposed order attached.
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. (Standard procedure for filing any application with a proposed order).
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Page 1 | REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND ORDER
For requests to seal the application, order, and documents, a NOTICE OF MANUAL FILING must be electronically filed indicating the relevant documents have been submitted to the Court.
Electronically file a NOTICE OF MANUAL FILING indicating that an application to seal, declaration giving notice or a proof of service, proposed order sealing and under seal documents have been submitted to the Court.
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Page 1 | REQUEST TO SEAL THE APPLICATION, ORDER AND DOCUMENT(S)
Sealed documents filed electronically are restricted from viewing and not accessible via the Notice of Electronic Filing (NEF) sent to case participants.
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.
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Page 22 | Guide to Electronically Filing Under-Seal Documents in Civil Cases
Service and Proof of Service Rules
Sealed documents must be served on opposing counsel by means other than NEF, with a certificate of service and copy of NEF.
Service of Sealed Documents: 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
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Page 4 | OVERVIEW OF E-FILING PROCEDURES
Sealed documents cannot be served via Notice of Electronic Filing (NEF) and must be served by other means, including the NEF, sealed declaration, and unredacted document to opposing counsel.
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, the sealed declaration, and the unredacted document on opposing counsel.
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Page 16 | Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases
All sealed documents must be served by non-electronic means, with the NEF and sealed document delivered to opposing counsel.
Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.
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Page 23 | EXAMPLE OF COMPLETED DOCKET ENTRY
Sealed documents cannot be accessed via NEF, so parties must serve sealed documents and the NEF on opposing counsel using non-electronic service methods.
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.
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Page 36 | SEALED DOCUMENT: SCREEN-BY-SCREEN INSTRUCTIONS
Sealed documents must be served by means other than NEF; serve the NEF and sealed document on opposing counsel by other means.
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.
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Page 42 | Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases
Courtesy Copy Requirements
Mandatory chambers copies of e-filed sealed documents must be provided in sealed envelopes with the title page attached to the front per L.R. 79-5.2.2(a).
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).
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Page 5 | Mandatory Chambers Copies & Proposed Orders
A Word Perfect or Microsoft Word version of the proposed order must be emailed to chambers per L.R. 5-4.4.2.
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,
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Page 5 | Mandatory Chambers Copies & Proposed Orders
Paper-filed sealed documents due to CM/ECF failure require original and judge’s copies in sealed envelopes with title pages, plus a PDF copy on CD per L.R. 79-5.2.
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.
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Page 6 | Problems Filing a Sealed Document
Upon grant of Application for Leave for In Camera Review, deliver copies of in camera documents to judge’s chambers per procedures.
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.
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Page 43 | APPLICATION FOR LEAVE FOR IN CAMERA REVIEW: SCREEN‐BY‐SCREEN INSTRUCTIONS
A mandatory paper chambers copy (tabbed if appropriate, in one envelope) of seal request documents must be delivered to Magistrate Judge Kim's chambers box by 12:00 p.m. noon the day after submission.
A mandatory paper chambers copy, tabbed (if appropriate), of the documents listed above (together in one envelope) must be delivered to Magistrate Judge Kim's chambers box, on the 12th floor of 255 E. Temple St., Los Angeles, California by 12:00 p.m. (noon) on the day after submission.
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Page 1 | REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND ORDER
Sealing & Redaction Procedures
Prior court leave is required before filing any sealed document, obtained by e-filing an Application for Leave to File Under Seal.
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.
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Page 4 | OVERVIEW OF E-FILING PROCEDURES
Parties granted leave to file under seal must file the sealed document themselves and link it to the granting court order.
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).
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Page 4 | OVERVIEW OF E-FILING PROCEDURES
When using Under Seal Filing Events, the docket screen must turn red; if not, restart the entry to ensure proper sealed event use.
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.
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Page 6 | Red Screens
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.
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”).
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Page 7 | APPLICATION FOR LEAVE TO FILE UNDER SEAL: SCREEN‐BY‐SCREEN INSTRUCTIONS
Redacted Document must be attached to Application for Leave to File Under Seal with correct Category selected and filed on ECF.
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.”
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Page 9 | Guide to Electronically Filing Under-Seal Documents in Civil Cases
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.
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.
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Page 11 | STEP 1: Application for Leave to File Under Seal
Docket entry text for Applications for Leave to File Under Seal must not include confidential information as it is publicly visible.
Remember that the docket entry text will be publicly visible, so do not include confidential information here.
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Page 11 | STEP 1: Application for Leave to File Under Seal
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.
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.
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Page 13 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
Unredacted document attachments for sealed filings must be categorized as “Unredacted Document” in the Category dropdown.
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.”
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Page 14 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
Declarations filed in support of an Application for Leave to File Under Seal must be linked to the corresponding application.
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.
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Page 15 | Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases
A court order granting leave to file under seal must be obtained prior to using the Sealed Document e-filing event.
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.
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Page 17 | SEALED DOCUMENT: SCREEN‐BY‐SCREEN INSTRUCTIONS
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.
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.
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Page 19 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
Every sealed document filed must be linked to a court order granting leave to file that document under seal.
The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal.
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Page 20 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
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.
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.
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Page 24 | SEALED MOTION (GENERIC SEALED MOTION‐TYPE EVENT): SCREEN‐BY‐SCREEN INSTRUCTIONS
A court order is required to file sealed documents; if none exists, an Application for Leave to File Under Seal must be filed first.
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.
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Page 26 | SEALED MOTION (GENERIC SEALED MOTION-TYPE EVENT): SCREEN-BY-SCREEN INSTRUCTIONS
Sealed Opposition must be linked to an Order granting leave to file under seal; docketing cannot continue if no such order has been filed.
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.”
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Page 34 | Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases
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.
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.
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Page 39 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
In camera review documents must not be attached to the public Application for Leave; if granted, deliver copies to judge’s chambers per procedures.
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.
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Page 43 | APPLICATION FOR LEAVE FOR IN CAMERA REVIEW: SCREEN‐BY‐SCREEN INSTRUCTIONS
The “Leave for In Camera Review” e-filing event is a public, unrestricted entry.
The “Leave for In Camera Review” event is a public entry and is NOT RESTRICTED.
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Page 46 | Step 12
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.
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”.
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Page 1 | REQUEST TO SEAL THE APPLICATION, ORDER AND DOCUMENT(S)
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”.
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”.
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Page 1 | REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND ORDER
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.
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.
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Page 2 | 79-5
Each item to be sealed must be individually justified; blanket confidentiality claims are prohibited and may result in denial of the seal application.
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.
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Page 2 | 79-5
Certain components of sealed filing applications are public, while declarations and unredacted sealed documents are not.
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.
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Page 4 | OVERVIEW OF E-FILING PROCEDURES
Sealed documents filed electronically are restricted from viewing and not accessible via the Notice of Electronic Filing (NEF).
sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing.
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Page 30 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
For approved seal requests, the title of the pleading is publicly viewable on the docket, but the document itself is sealed and not public.
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.
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Page 1 | REQUEST TO SEAL THE APPLICATION, ORDER AND DOCUMENT(S)
Pre-Motion Conference Requirements
No hearing is required for Application for Leave to File Under Seal, so no hearing date should be set.
Please note the warning message on the next screen: NO HEARING is required for this application, so DO NOT set a hearing date. Click “Next.”
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Page 10 | Guide to Electronically Filing Under-Seal Documents in Civil Cases
Mandatory pre-filing conference of counsel required for discovery motions, with format based on opposing counsel's county location; written electronic communications cannot substitute for the conference.
opposing “counsel are located in the same county,” the mandatory pre- filing conference of counsel “must take place in person at the office of the moving party’s counsel unless the parties agree to meet someplace else.” But if opposing “counsel are not located in the same county,” the conference must still be done by at least video (e.g., Zoom, Teams). Conference by telephone alone may be done only if videoconference is technologically infeasible (a vanishingly uncommon situation). In no circumstances will exchanges of solely written electronic communications (via email, text, or the like) satisfy the pre-filing conference requirement; they may only supplement—but cannot substitute for—the mandatory in-person, video, or telephonic conference of counsel.1
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Page 2 | Mandatory Pre-Filing Conference of Counsel
Ex parte applications to shorten motion to compel hearing time due to an impending discovery cutoff are prohibited without due diligence and good cause; parties must obtain district judge scheduling order relief before filing such motions if they cannot show diligence and cause.
ex parte applications to shorten time for hearing on a motion to compel because of an impending discovery cutoff deadline ordered by the assigned district judge are not permitted and shall be summarily rejected absent a showing of due diligence and good cause why the disputed motion could not have been raised sufficiently in advance of the discovery cutoff date so as to allow not only decision on the motion but time to complete any discovery ordered on that motion before the cutoff. If no such diligence and cause can be shown, the parties must seek and obtain relief from the district judge’s scheduling order first before filing a motion to compel on the eve of a discovery cutoff.
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Page 10 | Discovery Cutoff