Southern District of New York Sealing & Redaction Procedures

Checked and corrected to match the court's document on Oct 1, 2026CRITICAL

Redacting information outside the eleven Privacy Policy categories requires an application served with the sentencing submission and a redacted version filed on ECF at that time; the application should identify and explain the redaction.

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

Checked against the court's document on Oct 1, 2026CRITICAL

Sensitive information described in Federal Rule of Civil Procedure 5.2 must be redacted from public filings without prior court permission.

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

Checked and corrected to match the court's document on Oct 1, 2026CRITICAL

Supporting papers must be filed electronically as separate filings and may be sealed or redacted only as necessary to safeguard the information sought to be sealed.

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

Checked against the court's document on Oct 1, 2026CRITICAL

The redacted and unredacted documents, with proposed redactions highlighted in the unredacted document, must both be filed electronically through ECF and related to the motion.

unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Checked and corrected to match the court's document on Oct 1, 2026CRITICAL

A party seeking to file its entire sentencing submission under seal must serve an application when serving the submission; the application will be addressed at sentencing.

If a party believes its entire sentencing submission must be filed under seal, an application to do so must be served at the time the sentencing submission is served. The application will be addressed at the sentencing proceeding.

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

All redactions or sealing of public court filings not permitted by the preceding paragraph require Court approval.

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

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

A request for leave to file a redacted document requires a public ECF letter motion and simultaneous filing of a publicly redacted copy and a sealed, highlighted unredacted copy, each electronically related to the motion.

Where a party seeks leave to file a document in redacted form, the party shall electronically file a of 9 ===== PAGE 4 ===== Updated 04/21/2020 letter motion seeking leave to file a document in redacted form on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter motion itself shall be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the party shall (1) publicly file on ECF and electronically relate to the letter motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.

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

Civil cases

Redactions beyond those permitted by Rule 5.2 require individual court approval and must be narrowly tailored; party consent or a confidentiality agreement alone is insufficient.

C. Redactions and Sealed Filings Requiring Court Approval. All redactions other than those under Federal Rule of Civil Procedure 5.2 require Court approval. The Court will review each proposed redaction individually. To be approved, redactions must be narrowly tailored to serve whatever purpose justifies them and otherwise consistent with the presumption in favor of public access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119–20 (2d Cir. 2006). In general, the parties’ consent or the fact that information is subject to a confidentiality agreement (or protective order) between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents.

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

Civil cases

A party seeking sealing or redaction should meet and confer; when confidentiality is requested by another party or a third party, that requester must be notified to file an explanatory letter within three business days. The required letter motion and proposed sealed or redacted documents must be filed and linked on ECF as specified.

Any party seeking to file a document under seal or in redacted form shall proceed as follows: i. Meet and Confer. The party seeking leave to file sealed or redacted materials should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) in advance to narrow the scope of the request. When a party seeks leave to file a document under seal or in redacted form on the ground that an opposing party or third party has requested it, the filing party shall notify the opposing party or third party that it must file, within three business days, a letter explaining the need to seal or redact the document. ii. Sealed Document(s). The party shall electronically file a letter motion seeking leave to file a document under seal on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal, and should not include confidential information. The proposed sealed document shall be separately and contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order if the Court previously granted leave to file the document under seal). Note that the summary docket text, but not the document itself, will be open to public inspection and, thus, the summary docket text should not include confidential information sought to be filed under seal. iii. Redacted Document(s). Where a party seeks leave to file a document in redacted form, the party shall file a letter motion seeking leave to file a document in redacted form on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter motion itself shall be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the party shall (1) publicly file on ECF and electronically relate to the letter motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.

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

Civil cases

When seeking leave to file a redacted document, the party must simultaneously file the proposed-redaction version publicly and an unredacted version under seal on ECF, electronically relating each to the letter motion.

At the same time, the party shall (1) publicly file on ECF and electronically relate to the letter motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.

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

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

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

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

If sensitive information must be included, personal identifiers must be partially redacted under the cited rules and policies.

If such information must be included, personal identifiers must be partially redacted in accordance with the above-cited rules and policies in order to protect any privacy interest.

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

Supporting papers must be separately e-filed and may be sealed or redacted only as necessary to protect the information sought to be sealed.

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

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

A request to redact a publicly filed document requires filing a redacted public copy and a sealed, unredacted copy with the proposed redactions highlighted.

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

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

When material is redacted from a publicly filed document, only pages containing the redactions are filed under seal.

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

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

Bring a complete copy of the affected pages, marked to identify the redactions, to the sentencing proceeding for the Court to file under seal.

Bring a complete copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal.

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

A party seeking to redact information outside the eleven Privacy Policy categories must serve and file an application when serving the sentencing submission.

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

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

Criminal cases

Bring to the sentencing proceeding a copy of the pages containing redactions, marked to identify the redacted information, for the Court to file under seal.

Bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publically filed materials, to give to the Court for filing under seal.

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

Criminal cases

A party seeking to redact information beyond the eleven Privacy Policy categories must serve and file an application when the sentencing submission is served.

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

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

If an electronically filed submission contains redactions, an unredacted version must be emailed to Chambers.

If an electronically filed submission contains any redacted information, an unredacted version shall be e-mailed to Chambers.

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

Criminal cases

A party seeking to redact information beyond the eleven Privacy Policy categories must serve and file an application when serving its sentencing submission.

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

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

Criminal cases

At sentencing, the party must bring the redacted pages marked to identify the redactions for the Court to file under seal.

The party shall bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed material, to give to the Court for filing under seal.

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

Criminal cases

Redactions beyond the twelve Privacy Policy categories require an application served and filed when the sentencing submission is served.

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

Checked against the court's document on Oct 1, 2026CRITICAL

Filing under seal requires Court permission.

Filing under seal requires permission of the Court.

Checked against the court's document on Oct 1, 2026CRITICAL

Unless the Court orders otherwise, a party seeking to file a document or part of one under seal must follow the stated procedures by the filing due date.

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

Checked and corrected to match the court's document on Oct 1, 2026CRITICAL

Sensitive information described in Federal Rule of Civil Procedure 5.2 must be redacted from public filings without prior Court permission.

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

Checked and corrected to match the court's document on Oct 1, 2026WARNING

The summary docket text is public, while the sealed document is not, and the docket text should omit information sought to be sealed.

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

Checked and corrected to match the court's document on Oct 1, 2026WARNING

Parties may redact the listed sensitive and cautionary information categories under the Privacy Policy without applying to the Court.

Parties may redact the five categories of “sensitive information” and the six categories of information requiring caution (i.e., personal identifying numbers; medical records, treatment and diagnosis; employment history; individual financial information; proprietary or trade secret information; and information regarding an individual’s cooperation with the government) as described in the Privacy Policy, without application to the Court.

Checked against the court's document on Oct 4, 2026WARNING

Parties may redact the specified sensitive and cautionary information without court approval.

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

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

Criminal cases

Unless a party requests that a letter be filed under seal, parties should assume substantive letters will be docketed.

Absent a request to file a letter under seal, the parties should assume that any substantive letter will be docketed by the Court.

Checked against the court's document on Oct 4, 2026WARNING

Criminal cases

Parties may redact the specified sensitive and cautionary information categories without court approval.

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

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

Civil cases

Parties may redact the specified sensitive information and information requiring caution without court approval.

B. Redactions Not Requiring Court Approval. Without Court approval, parties may redact the five categories of “sensitive information” and the six categories of information requiring caution (i.e., personal identifying number, medical records, treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information and information regarding an individual’s cooperation with the government), as described in the Privacy Policy.

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

Civil cases

A protective order may require confidential treatment but cannot authorize filing under seal without an appropriate Court finding, which is determined, if at all, by document-by-document review under the Court’s rules and the presumption of public access.

Any such order may bind the parties to treat as confidential documents so classified but may not authorize the parties to file documents under seal absent an appropriate court finding. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court’s Individual Rules and Practices and subject to the presumption in favor of public access to “judicial documents.”

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

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

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

Checked and corrected to match the court's document on Oct 1, 2026WARNING

Letters containing sensitive or confidential information that a party does not want on the docket should follow the sealing procedures in Section I.G.

Any letter containing sensitive or confidential information that a party does not wish to appear on the docket should follow the procedures outlined in Section I.G. below.

Checked against the court's document on Oct 1, 2026WARNING

The stated sealing procedures apply only to motions and applications before Judge Figueredo.

These procedures only apply to motions and applications before Judge Figueredo.

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

Parties may redact the specified sensitive-information and caution categories without Court approval.

Parties may redact the five categories of “sensitive information” and the six categories of information ===== PAGE 16 ===== requiring caution (i.e., personal identifying number, medical records, treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government), as described in the Privacy Policy, without Court approval.

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

Criminal cases

Parties may redact the identified sensitive and cautionary information categories under the Privacy Policy without applying to the Court.

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

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

Criminal cases

Parties may redact the specified sensitive-information and caution categories without applying to the Court.

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

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

Criminal cases

Parties may redact the five sensitive-information categories and seven caution categories without court approval.

Parties may redact the five categories of “sensitive information” and the seven categories of information requiring caution (i.e., personal identifying number, medical records, treatment and diagnosis, employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the Government), as described in the Privacy Policy, without Court approval.

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

Criminal cases

The court will address the redaction application at the sentencing proceeding.

The application will be addressed at the sentencing proceeding.

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Civil cases

Any agreement between the parties for designating materials as confidential must conform to the Court’s Individual Rules regarding the filing of materials under seal.

Summary: Any agreement for designating materials as confidential must conform to the Court's Individual Rules regarding the filing of materials under seal.

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Civil cases

Any such order may bind the parties to treat as confidential documents so classified but may not authorize the parties to file documents under seal absent an appropriate court finding. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court's Individual Rules and Practices and subject to the presumption in favor of public access to "judicial documents."

Summary: A Rule 26(c) protective order may bind parties to treat documents as confidential but cannot authorize filing documents under seal absent a court finding made on document-by-document review under the Court's Individual Rules, subject to the presumption of public access.

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Civil cases

Letters under seal or containing sensitive or confidential information shall be delivered to the Court via email or mail. Do not email and mail the same letter.

Summary: Letters under seal or containing sensitive or confidential information must be delivered to the Court via email or mail, but not both.

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Civil cases

Regarding document submissions, the parties must comply with the E-Government Act of 2002 and the Southern District's ECF Rules & Instructions, Section 21, Privacy and Public Access to ECF Cases ("ECF Privacy Policy"). See also Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006).

Summary: Parties must comply with the E-Government Act of 2002 and the SDNY ECF Privacy Policy regarding privacy redactions in document submissions.

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Civil cases

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

Summary: Parties may not include the five categories of sensitive information (social security numbers, minors' names, dates of birth, financial account numbers, home addresses) in submissions unless necessary, and must redact them in the specified manner.

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Civil cases

regarding an individual's cooperation with the government) as described in the ECF Privacy Policy, without application to the Court. If any material is redacted from the publicly filed document, only those pages containing the redacted material will be filed under seal.

Summary: Redactions within the eleven ECF Privacy Policy categories (e.g., an individual's cooperation with the government) may be made without an application to the Court, and only the pages containing redacted material are filed under seal.

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Civil cases

If a party redacts information beyond the eleven categories of information identified in the ECF Privacy Policy, an application to do so must be sent to Chambers by email, copying opposing counsel, prior to filing the redacted document on ECF. The application should clearly identify the redaction and explain the reasons for the redaction.

Summary: Redactions beyond the eleven ECF Privacy Policy categories require an application sent to Chambers by email (copying opposing counsel) before filing, clearly identifying and explaining the redaction.

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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All Confidential Materials filed with the Court may be redacted or filed under seal only as the Court directs upon appropriate application by either party or as required by Federal Rule of Civil Procedure 5.2, which describes sensitive information that must be redacted from public court filings.

Summary: Confidential Materials may be redacted or filed under seal only as the Court directs upon appropriate application or as required by FRCP 5.2.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Any party wishing to file in redacted form any pleading, motion, memorandum, exhibit, or other document, or any portion thereof, based on a party's designation of information as Confidential, must make a specific request to the Court by letter motion explaining the reasons for seeking to file that submission under seal.

Summary: A party seeking to file redacted material based on a Confidential designation must request leave by letter motion explaining the reasons for sealing.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

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

Summary: The letter motion to seal must be filed in public view, explain the reasons for sealing, and exclude the confidential information; supporting papers are filed separately and may be sealed or redacted only to the extent necessary.

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

Summary: The proposed sealed document must be contemporaneously filed under seal on ECF and electronically related to the letter motion, with a public docket text that excludes confidential information.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

The filing party shall also (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted.

Summary: The filing party must publicly file the redacted document and electronically file under seal the unredacted document with the proposed redactions highlighted.

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The pendency of the application to seal does not affect any deadlines that may govern the proposed filing. The parties shall comply with such deadlines by filing the redacted version on ECF, serving the unredacted papers at issue on any opposing parties, and providing courtesy copies of the unredacted version to Chambers.

Summary: A pending sealing application does not toll deadlines; parties must file the redacted version on ECF, serve the unredacted papers on opposing parties, and provide courtesy copies of the unredacted version to Chambers.

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If the Court approves the filing under seal, no further submissions shall be required. If the Court denies, in part, the motion for filing under seal, the party who made the submission shall be required to refile the document with modified redactions as directed by the Court.

Summary: If sealing is approved no further submissions are required; if denied in part, the party must refile the document with modified redactions as directed by the Court.

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Civil cases

The Party or person producing or disclosing Discovery Material ("Producing Party") may designate as Confidential only the portion of such material that it reasonably and in good faith believes consists of: (a) previously non-disclosed financial information (including without limitation profitability reports or estimates, percentage fees, design fees, royalty rates, minimum guarantee payments, sales reports, and sale margins); (b) previously non-disclosed material relating to ownership or control of any non-public company; (c) previously non-disclosed business plans, product-development information, or marketing plans; (d) any information of a personal or intimate nature regarding any individual; or (e) any other category of information this Court subsequently affords confidential status.

Summary: A producing party may designate as Confidential only material that is non-disclosed financial, ownership/control, business-plan, or personal information, or another category the Court designates.

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Civil cases

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

Summary: Confidential portions of discovery material (other than deposition transcripts and exhibits) are designated by stamping them "Confidential" and producing a redacted copy for public use.

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Civil cases

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

Summary: Deposition exhibits or transcript portions may be designated Confidential either on the record during the deposition or by written notice within 30 days after the deposition concludes; during that 30-day period the entire transcript is treated as Confidential.

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Civil cases

If at any time before the trial of this action a Producing Party realizes that it should have designated as Confidential some portion(s) of Discovery Material that it previously produced without limitation, the Producing Party may so designate such material by so apprising all prior recipients in writing. Thereafter, this Court and all persons subject to this Order will treat such designated portion(s) of the Discovery Material as Confidential.

Summary: A Producing Party may retroactively designate previously-produced Discovery Material as Confidential by notifying all prior recipients in writing, after which the material is treated as Confidential.

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Civil cases

Where a Producing Party has designated Discovery Material as Confidential, other persons subject to this Order may disclose such information only to the following persons: (a) the Parties to this action, their insurers, and counsel to their insurers; (b) counsel retained specifically for this action, including any paralegal, clerical, or other assistant that such outside counsel employs and assigns to this matter; (c) outside vendors or service providers (such as copy-service providers and document-management consultants) that counsel hire and assign to this matter; (d) any mediator or arbitrator that the Parties engage in this matter or that this Court appoints, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto; (e) as to any document, its author, its addressee, and any other person indicated on the face of the document as having received a copy; (f) any witness who counsel for a Party in good faith believes may be called to testify at trial or deposition in this action, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto; (g) any person a Party retains to serve as an expert witness or otherwise provide specialized advice to counsel in connection with this action, provided such person has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit hereto; (h) stenographers engaged to transcribe depositions the Parties conduct in this action; and

Summary: Confidential Discovery Material may be disclosed only to enumerated persons (parties, insurers, retained counsel, vendors, mediators/arbitrators, document authors/addressees, witnesses, experts, and stenographers), with mediators/arbitrators, witnesses, and experts required to first execute a Non-Disclosure Agreement.

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Civil cases

The Court also retains discretion whether to afford confidential treatment to any Discovery Material designated as Confidential and submitted to the Court in connection with any motion, application, or proceeding that may result in an order and/or decision by the Court. All persons are hereby placed on notice that the Court is unlikely to seal or otherwise afford confidential treatment to any Discovery Material introduced in evidence at trial, even if such material has previously been sealed or designated as Confidential.

Summary: The Court retains discretion on confidential treatment and is unlikely to seal material introduced in evidence at trial even if previously sealed.

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Civil cases

Parties may redact the above five categories of "sensitive information" and the six categories of information requiring caution (i.e., personal identifying number; medical records, treatment and diagnosis; employment history; individual

Summary: Parties may redact the five sensitive-information categories and six caution categories (personal identifying number, medical records, employment history, etc.); the list continues beyond this excerpt.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Summary: Sealed ECF documents cannot be served through ECF system.

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

Summary: Paper filing allowed for classified or national security information.

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

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

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

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

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

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

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

Summary: Granted sealed filings must be delivered to Records Management Department.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Criminal cases

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

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

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Criminal cases

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

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

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Criminal cases

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

Summary: File the redacted version of the document on ECF.

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Criminal cases

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

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

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Criminal cases

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

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

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Criminal cases

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

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

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Criminal cases

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

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

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Criminal cases

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

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

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Criminal cases

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

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

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Criminal cases

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

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

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Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

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Civil cases

Required

Always ?

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

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

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Civil cases

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

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

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Civil cases

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

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

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

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

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

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

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

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

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

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

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

Summary: Applications required for redactions beyond standard categories in sentencing submissions

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

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

Summary: The proposed sealed document must be filed under seal in ECF at the same time as, and electronically related to, the motion.

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

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

Summary: When material is redacted from a publicly filed document, only pages containing redactions are filed under seal, and marked copies of those pages must be brought to sentencing for the Court to file under seal.

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

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

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

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

Summary: Sealed documents must be filed electronically on CM/ECF.

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Civil cases

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

Summary: Inadvertently produced privileged documents must be immediately returned or destroyed.

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Criminal cases

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

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

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

Summary: Sealed letters must follow ECF sealing procedures.

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

Summary: FRCP 5.2 information must be redacted without prior court approval.

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

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

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

Summary: To seek leave to file a sealed document, file a public ECF letter motion and separately and contemporaneously file and relate the proposed sealed document on ECF; keep confidential information out of the motion and public docket text.

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

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

Summary: Only pages containing redacted material are filed under seal, and counsel must bring marked copies of those pages to the sentencing proceeding for the Court to file under seal.

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

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Civil cases

Any proposed redactions must be highlighted.

Summary: Proposed redactions must be highlighted in paper filings.

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Proposed or draft document; may not be in force

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

Summary: Parties must not include sensitive personal information in filings.

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Proposed or draft document; may not be in force

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

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

Machine summary. Not checked yet.CRITICAL?

Proposed or draft document; may not be in force

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

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

Summary: Redacted documents must be publicly filed with proposed redactions

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

Summary: Redactions beyond 11 categories require court approval with application.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

Summary: Redacted pages must be filed under seal at sentencing proceeding.

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

Summary: Two categories of information may be redacted without court approval

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

The party should meet and confer with any opposing

Summary: Meet and confer required before filing sealed/redacted documents

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

Summary: Leave required before filing redacted or sealed documents.

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

Summary: Sealed filings require public redacted copies via ECF.

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

Summary: PII must be maintained securely and confidentially.

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

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

Criminal cases

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

Summary: Only pages containing redacted material are filed under seal, and a marked copy of those pages must be brought to sentencing for filing under seal.

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

Criminal cases

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

Summary: Redactions beyond the eleven Privacy Policy categories require an application served and filed with the sentencing submission that identifies and explains the redaction, for consideration at sentencing.

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

Summary: Parties must avoid including sensitive information unless necessary in submissions.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

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

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Criminal cases

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

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

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Criminal cases

The Court will review each proposed redaction individually.

Summary: Court reviews each proposed redaction individually.

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Criminal cases

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

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

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Criminal cases

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

Summary: File redacted document version on ECF.

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Criminal cases

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

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

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Criminal cases

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

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

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Criminal cases

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

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

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

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

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

Summary: Modifications to Model Protective Order require redline emailed to Chambers

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

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

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

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

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Criminal cases

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

Summary: Sentencing letters must follow Rule 10 redaction/sealing requirements.

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Criminal cases

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

Summary: Parties may redact sensitive and caution information without court approval.

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Criminal cases

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

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

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Criminal cases

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

Summary: File redacted document on ECF first

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Criminal cases

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

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

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Criminal cases

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

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

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Criminal cases

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

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

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Criminal cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

Summary: Sealed or confidential letters must follow specific filing procedures.

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Civil cases

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

Summary: Procedures for filing sealed or redacted documents

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Civil cases

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

Summary: Meet and confer required before filing sealed/redacted materials

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Civil cases

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

Summary: Sealed documents must be filed on ECF following specific procedures

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Civil cases

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

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

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Civil cases

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

Summary: Paper filing requires motion for leave of court

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Criminal cases

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

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

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Criminal cases

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

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

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Criminal cases

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

Summary: Redactions beyond 12 categories require application filed with sentencing submission.

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

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

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

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

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The party should meet and confer with any opposing

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

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

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

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

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

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

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

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Criminal cases

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

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

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Criminal cases

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

Summary: Three-step process for filing documents with redactions

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Criminal cases

D. Procedure for Filing Sealed Documents.

Summary: Procedure for filing fully sealed documents

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Criminal cases

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

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

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Criminal cases

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

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

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Criminal cases

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

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

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Criminal cases

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

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

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Civil cases

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

Summary: Procedure for filing documents with redactions requires three steps

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Civil cases

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

Summary: Procedure for filing sealed documents requires three steps

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Civil cases

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

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

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Civil cases

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

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

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

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

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

Summary: Confidential information filed with court must be filed under seal

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

Summary: Meet and confer required before filing sealed/redacted documents.

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

Summary: Email unredacted and highlighted copies to Chambers when filing redacted documents

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

Summary: Email entire unredacted submission to Chambers for fully sealed documents

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

Summary: Only pages containing redacted material are filed under seal.

Machine summary. Not checked yet.CRITICAL?

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

Summary: Certain sensitive information must be redacted without court approval.

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

Summary: All redactions not in permitted categories require court approval.

Machine summary. Not checked yet.CRITICAL?

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

Summary: Redacted documents require public letter motion explaining redactions

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

Summary: Replace sealed exhibits with single page marked 'SEALED'

Machine summary. Not checked yet.CRITICAL?

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

Summary: Sealed entire documents require public letter motion with explanation

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

Summary: Sealed filings must comply with ECF Rules and Instructions.

Machine summary. Not checked yet.CRITICAL?

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

Summary: Motions for sealed filings must be filed electronically.

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

Summary: Redacted documents must be contemporaneously filed publicly in ECF.

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

Summary: Summary docket text must be public and exclude confidential information.

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

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

Sensitive information and information requiring caution must not be included in any document filed with the Court unless such inclusion is necessary and relevant to the case.

Summary: Sensitive information must be omitted from court filings unless its inclusion is necessary and relevant to the case.

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

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

Summary: A proposed sealed document must be filed under seal in ECF at the same time as the motion and electronically related to it.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

Summary: Sealed or confidential letters may be emailed as PDF attachments.

Machine summary. Not checked yet.CRITICAL?

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

Summary: All redactions except those under FRCP 5.2 require court approval.

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

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

Criminal cases

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

Summary: Only pages containing redacted material from a publicly filed document will be filed under seal.

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

Summary: Redacted documents must be filed in public view on ECF system

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

Summary: Application required for redactions beyond 11 Privacy Policy categories.

Machine summary. Not checked yet.CRITICAL?

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

Summary: Sealing/redaction requiring court approval

Machine summary. Not checked yet.CRITICAL?

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

Summary: Sealed/redacted filings require electronic motion under seal

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

Summary: Protective order restrictions apply to confidential information in discovery responses.

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

Summary: Redacted pages from sentencing documents must be filed under seal

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

Summary: Redactions beyond specified categories require court approval and email to chambers

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

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

Summary: Redaction and sealing procedures for documents

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

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

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

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

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

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

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

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

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

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

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

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Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

Summary: Parties must comply with ECF Privacy Policy for document submissions.

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

Summary: Sensitive information categories must be redacted unless necessary.

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

Summary: Redacted pages containing sensitive information must be filed under seal.

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

Summary: Applications required for redactions beyond ECF Privacy Policy categories.

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Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

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

Criminal cases

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

Summary: When material is redacted from a public filing, only pages containing redactions are filed under seal; a copy of the redacted material should be sent to Chambers and another marked copy handed up at sentencing.

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

Criminal cases

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

Summary: Only pages containing redacted material from a publicly filed document will be filed under seal.

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

Criminal cases

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

Summary: Redactions beyond the eleven Privacy Policy categories require an application served and filed with the sentencing submission that identifies and explains the redaction; the Court will address it at sentencing.

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

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

Machine summary. Not checked yet.CRITICAL?

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

Summary: Redactions beyond 11 Privacy Policy categories require court application.

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

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

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

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

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

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

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

Criminal cases

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

Summary: When a publicly filed document contains redactions, only the pages containing redacted material are filed under seal.

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

Criminal cases

Bring a copy of those pages to the sentencing proceeding, marked to indicate what information has been redacted from the publicly filed materials, to give to the Court for filing under seal.

Summary: Bring a copy of the redacted pages, marked to identify the redacted information, to the sentencing proceeding for the Court to file under seal.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

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

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Criminal cases

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

Summary: All redactions/sealing except specified categories require court approval.

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Criminal cases

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

Summary: File redacted document version on ECF.

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Criminal cases

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

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

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

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

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

Criminal cases

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

Summary: Only pages containing redacted material from a publicly filed document are filed under seal.

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

Summary: Sealed or confidential letters must follow specific ECF procedures.

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

Summary: File sealed/redacted motions electronically through ECF.

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

Summary: Sealed motion must be filed publicly with explanation.

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

Summary: File redacted document publicly and unredacted copy under seal.

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

Summary: Certain sensitive information must be redacted without court approval.

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

Summary: Sealed filing motions must be filed electronically via ECF.

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

Summary: Sealed filing motions must be filed publicly with reasons.

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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

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

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

Summary: Sealed filings require court approval and must follow specific procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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Criminal cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

Summary: File redacted versions of documents in public view on ECF.

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Criminal cases

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

Summary: Permission required to file redacted or sealed submissions.

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Criminal cases

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

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

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Criminal cases

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

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

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Criminal cases

Information to be redacted must be highlighted.

Summary: Redacted information must be highlighted in unredacted copy.

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Criminal cases

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Summary: Supporting papers must be filed electronically, may be sealed/redacted as needed.

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The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion.

Summary: Proposed sealed documents must be filed under seal and related to the motion.

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Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party must: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted.

Summary: For redactions, file public version with redactions and sealed unredacted version.

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Rule 5.2 of the Federal Rules of Civil Procedure describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.

Summary: Sensitive information must be redacted from public filings per FRCP 5.2 without prior court permission.

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Motions or letter motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the ECF system in conformity with the Court's standing order, 19-mc-583, and Section 6 of the ECF Rules & Instructions.

Summary: Motions for sealed/redacted filings must be submitted through ECF per standing order 19-mc-583.

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Civil cases

The letter-motion requesting approval of sealed or redacted filings and the document(s) as to which sealing is requested must be filed electronically on ECF in compliance with standing order No. 19-mc-00583 and § 6 of the SDNY ECF Rules & Instructions.

Summary: Sealed/redacted filings require letter-motion filed electronically on ECF

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Civil cases

The letter-motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal, and should not include any of the confidential information sought to be filed under seal.

Summary: Letter-motion for sealing must be filed publicly with explanation

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Civil cases

The document(s) as to which sealing is requested must be contemporaneously filed under seal on ECF and electronically related to the letter-motion.

Summary: Documents to be sealed must be filed under seal and related to letter-motion

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Civil cases

If the letter-motion seeks approval to redact information from a document that is otherwise to be publicly filed, the filing party shall: (a) publicly file the document in the proposed redacted form, and (b) electronically file under seal a copy of the unredacted document, with the proposed redactions highlighted.

Summary: Redacted documents must be publicly filed with unredacted version under seal

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Civil cases

To be approved, any sealing or redaction of a court filing must be narrowly tailored to serve the purpose that requires the sealing or redaction and must be otherwise consistent with the presumption in favor of public access to judicial documents described in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006).

Summary: Sealing/redaction must be narrowly tailored and consistent with public access presumption

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Civil cases

If a sealing or redaction request is based on another party's designation of documents or information as 'confidential,' or if any party opposes the sealing or redaction request, that other party shall respond to the requesting party's letter-motion via ECF on the schedule set forth above in § 2(e).

Summary: Opposing parties must respond to sealing/redaction requests via ECF

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Civil cases

The party seeking leave to file sealed or redacted materials should meet and confer with any opposing parties (or third parties seeking request. When a party seeks leave to file sealed or redacted materials on the ground that an opposing party or third party has requested it, that party shall notify the opposing party or third party that it must file, within three court days, a letter explaining the need to seal or redact the materials.

Summary: Meet and confer required before filing sealed/redacted materials

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Civil cases

Filing under seal requires permission of the Court, which may be sought via letter-motion. The letter-motion requesting approval of sealed or redacted filings and the document(s) as to which sealing is requested must be filed electronically on ECF in compliance with standing order No. 19-mc-00583 and § 6 of the SDNY ECF Rules & Instructions.

Summary: Sealing requires court permission sought via letter-motion filed electronically on ECF.

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Civil cases

The document(s) as to which sealing is requested must be contemporaneously filed under seal on ECF and electronically related to the letter-motion. The summary docket text, but not the sealed document, will be open to public inspection and therefore should not include confidential information sought to be filed under seal.

Summary: Documents sought to be sealed must be filed contemporaneously under seal on ECF and related to the letter-motion.

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Civil cases

If the letter-motion seeks approval to redact information from a document that is otherwise to be publicly filed, the filing party shall: (a) publicly file the document in the proposed redacted form, and (b) electronically file under seal a copy of the unredacted document, with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Summary: For redacted documents: file redacted version publicly and unredacted version under seal with highlights.

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Civil cases

If a disclosing person makes a claim of inadvertent disclosure, all receiving persons shall, within five (5) business days, return or destroy all copies of the Inadvertently Disclosed Information, and provide a certification of counsel that all such information has been returned or destroyed.

Summary: Receiving parties must return/destroy inadvertently disclosed privileged info within 5 business days.

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Civil cases

Within five (5) business days of the notification that such Inadvertently Disclosed Information has been returned or destroyed, the disclosing person shall produce a privilege log with respect to the Inadvertently Disclosed Information.

Summary: Disclosing party must produce privilege log within 5 business days of return/destruction.

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Civil cases

This Protective Order shall survive the termination of the litigation. Within 30 days of the final disposition of this action, all Confidential Discovery Material and all copies thereof, shall be promptly returned to the producing person, or, upon permission of the producing person, destroyed.

Summary: Protective order survives termination; confidential materials must be returned or destroyed within 30 days.

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Civil cases

Where the confidential portion is reasonably separable from the non-confidential portion, via redaction or otherwise, only the confidential portion shall be so designated.

Summary: Confidential information should be separated via redaction when possible.

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Civil cases

Notwithstanding the designation of material as "Confidential" in discovery, there is no presumption that such Confidential Discovery Material will be filed with the Court under seal. The parties shall follow the individual practices of the Magistrate or District Judge to whom they direct pretrial requests for filing under seal.

Summary: No presumption that confidential discovery materials will be filed under seal; parties must follow individual judge practices for pretrial sealing requests.

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Civil cases

If a receiving person files a motion to compel production of the Inadvertently Disclosed Information, that motion shall be filed under seal, and shall not assert as a ground for entering such an order the mere fact of the inadvertent production.

Summary: Motions to compel production of inadvertently disclosed privileged information must be filed under seal.

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Civil cases

The parties are reminded that the filing of any papers or portions of papers under seal is only permitted pursuant to an order of the Court or these Individual Practices. (This does not apply to the sensitive information described in Fed. R. Civ. P. 5.2 which must be redacted and for which no Court order is required). To the extent papers proposed for filing contain material that one or both sides believe should be filed under seal, the party shall (1) file the materials under seal and (2) publicly file the materials in redacted form (that is, in a form that redacts information that is proposed to be sealed).

Summary: Sealed filings require both sealed and redacted versions; sensitive info must be redacted.

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Civil cases

At the time of the filing of the redacted and unredacted versions of the materials, the filing party shall either (1) state that the redactions are a result of a Confidentiality Order designation made by another party and that such other party has an obligation to file a motion to seal within 7 days or (2) file a motion to seal (either as a formal motion or as a letter motion) that justifies the proposed sealing by citing case law and providing any factual explanation required to justify the sealing.

Summary: Motion to seal must cite case law and justify sealing within 7 days.

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Civil cases

The parties are reminded that the filing of any papers or portions of papers under seal is only permitted pursuant to an order of the Court or these Individual Practices. (This does not apply to the sensitive information described in Fed. R. Civ. P. 5.2 which must be redacted and for which no Court order is required). To the extent papers proposed for filing contain material that one or both sides believe should be filed under seal, the party shall (1) file the materials under seal and (2) publicly file the materials in redacted form (that is, in a form that redacts information that is proposed to be sealed). The set of papers filed under seal shall highlight any proposed redactions or otherwise clearly indicate where they occur.

Summary: Sealed filings require both sealed and redacted versions, with redactions clearly indicated.

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Civil cases

At the time of the filing of the redacted and unredacted versions of the materials, the filing party shall either (1) state that the redactions are a result of a Confidentiality Order designation made by another party and that such other party has an obligation to file a motion to seal within 7 days or (2) file a motion to seal (either as a formal motion or as a letter motion) that justifies the proposed sealing by citing case law and providing any factual explanation required to justify the sealing. In cases where the request to seal arises because of an opposing party’s designations, the opposing party has the obligation to make the written application to the Court justifying the proposed sealing and shall make the application within 7 days of the filing.

Summary: Motion to seal must be filed within 7 days, either by the filing party or the designating party.

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Civil cases

Unless otherwise ordered, any party wishing to file a document or portion thereof under seal or with redactions must comply with the following procedures on or before the date on which the relevant filing is due.

Summary: Procedures required for filing documents under seal or with redactions

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Civil cases

Letters to be filed under seal or containing sensitive or confidential information that a party does not wish to appear on the docket should be sent by email to RicardoNYSDChambers@nysd.uscourts.gov as a .pdf attachment with all counsel copied, or the pro se litigant if they are unrepresented.

Summary: Sealed or confidential letters must be emailed to chambers as PDF with all counsel copied

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Civil cases

Except for redactions permitted by the previous paragraph, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents.

Summary: All redactions or sealing of public court filings require Court approval.

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Civil cases

Any party seeking to file a document with partial redactions should comply with the following three steps: a. ECF Filing of the Redacted Document(s). The party should file the redacted version of the document on ECF. b. Filing or Emailing of a Letter Motion Seeking Leave to File with Redactions. If the party is seeking leave of the Court to redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file on ECF a letter-motion seeking leave to file the document with those redactions. The letter-motion must explain the purpose of the redactions, and why the redactions are consistent with the standards discussed in Paragraph G(2), supra. (The party should endeavor to draft the letter-motion in a form that can be filed publicly on ECF. If, however, the party believes that the letter-motion itself should be sealed or redacted, the party should include an unredacted copy of the letter-motion as an attachment to the email described in Paragraph G(3)(c) below, and, if possible, file a redacted version of the letter-motion on ECF). c. Emailing of Documents to Chambers. At the same time, the party should email to RicardoNYSDChambers@nysd.uscourts.gov, copying all counsel or the pro se litigant if they are unrepresented: (1) a clean (i.e., unredacted) copy of the document; (2) a copy of the document highlighting the information that has been redacted in the ECF filing; and (3) an unredacted copy of the letter-motion described in Paragraph G(3)(b), should the party also be seeking leave to file that letter-motion with redactions or under seal.

Summary: Three-step process for filing documents with redactions: ECF filing, letter motion, and email to chambers.

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Civil cases

Any party seeking leave to file an unsealed or redacted document with a fully sealed exhibit attached thereto should file the main document (in accordance with the procedures described above, if the party seeks to do so with redactions) on ECF, accompanied by a single page marked “SEALED” in place of any exhibit that the party seeks leave to file under seal, regardless of the actual length of such exhibit. The party should simultaneously file a letter-motion seeking leave to file in that manner according to the procedure described in Paragraphs G(3)(a–c) supra.

Summary: For sealed exhibits, file main document on ECF with 'SEALED' page replacing exhibit.

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Civil cases

Any party seeking leave to file under seal an entire submission (with or without exhibits) should not file anything on ECF in the first instance. Instead, the party should email an unredacted copy of the submission to RicardoNYSDChambers@nysd.uscourts.gov, copying all counsel or the pro se litigant if they are unrepresented, and should include as an attachment to the email a letter-motion with a proposed order (in Word document format) seeking leave to file the document under seal. The letter-motion must explain why sealing is justified in light of the standards discussed in Paragraph G(2) above. If the party believes that the letter-motion itself should be sealed or redacted, the letter-motion should so state and should provide the justification therefor. The Court will include instructions for filing sealed or redacted versions of the document and accompanying letter-motion, if necessary, in any order disposing of the motion to seal.

Summary: For fully sealed documents, email unredacted copy to chambers with letter-motion seeking leave to seal.

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Civil cases

Except for redactions permitted by the previous paragraph, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents.

Summary: All redactions or sealing of public court filings require Court approval.

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Civil cases

The party should file a clean copy of the entire document under seal on ECF. This sealed filing should include all attachments to the main document (such as exhibits), even if not every attachment contains material that the party seeks to redact or seal.

Summary: File clean copy of entire document under seal on ECF, including all attachments.

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Civil cases

If the party is seeking leave of the Court to seal or redact the document (i.e., if the redactions are not among the categories of redactions that can be made without Court approval), the party should simultaneously file a letter motion seeking leave to do so. The letter motion must explain the purpose of the redactions, and why the redactions are consistent with the standards discussed in Paragraph G(2), supra, including citations to relevant case law.

Summary: File letter motion seeking leave to seal/redact, explaining purpose and legal basis.

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Civil cases

At the same time, the party should email RicardoNYSDChambers@nysd.uscourts.gov, copying all counsel or the pro se litigant if they are unrepresented: (1) a copy of each document with the proposed redactions highlighted or a clean copy if the party seeks to seal the entire document; and (2) a clean copy of the letter motion described in Paragraph G(3)(b).

Summary: Email documents with proposed redactions/highlights and clean letter motion to chambers.

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Civil cases

If the Court grants the letter motion, thereby approving the proposed sealing or redactions, the party should then file an entirely public version of the documents with the approved redactions or a single page marked 'SEALED' in place of any sealed document. This means there will be two sets of filings on the docket: one clean version under seal and viewable by Court users only, and one public version with the approved redactions and sealed pages.

Summary: File public version with approved redactions and sealed pages after Court approval.

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Civil cases

When leave is sought to file a motion under seal or with redactions, the parties must comply with Rule 9.

Summary: Sealed/redacted motions must comply with Rule 9.

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Civil cases

Without prior permission from the Court, parties may redact two categories of information from public court filings: “sensitive information,” and information requiring “caution.” Unless necessary, parties should not include in public filings the five categories of “sensitive information” (i.e., social security numbers [use the last four digits only], names of minor children [use the initials only], dates of birth [use the year only], financial account numbers [use the last four digits only], and home addresses [use the City and State only]). Without Court approval, parties may also redact from public filings the six categories of information requiring “caution” described in the Privacy Policy (i.e., any personal identifying number, medical records [including information regarding treatment and diagnosis], employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the Government).

Summary: Parties may redact sensitive information and information requiring caution without court approval, following specific formatting rules.

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Civil cases

Except for redactions permitted by Rule 9.A, all redactions or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must otherwise be consistent with the presumption in favor of public access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). In general, the parties’ consent, or the fact that information is subject to a confidentiality agreement between litigants, is not sufficient to overcome the presumption in favor of public access to judicial documents. See, e.g., In re Gen. Motors LLC Ignition Switch Litig., No. 14-MD-2543 (JMF), 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015).

Summary: Redactions or sealing of public court filings require court approval unless permitted by Rule 9.A.

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Civil cases

Any party seeking to file a document under seal or in redacted form shall proceed as follows: i. Meet and Confer. The party seeking leave to file sealed or redacted materials should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) in advance to narrow the scope of the redaction or sealing request.

Summary: Parties must meet and confer with opposing parties before seeking to file sealed or redacted documents.

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Civil cases

ii. Sealed Document(s). The party shall electronically file a letter-motion seeking leave to file a document under seal on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document under seal, and should not include confidential information. The proposed sealed document shall be separately and contemporaneously filed under seal on ECF (with the appropriate level of restriction) and electronically related to the motion (or to the relevant Court order, if the Court previously granted leave to file the document under seal). Note that the summary docket text, but not the document itself, will be open to public inspection and, thus, should not include confidential information sought to be filed under seal.

Summary: Sealed documents require a letter-motion filed in public view, with the sealed document filed separately under seal on ECF.

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Civil cases

iii. Redacted Document(s). Where a party wishes to file a document in redacted form, the party shall electronically file a letter-motion seeking leave to file a document in redacted form on ECF in accordance with Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. The letter-motion itself shall be filed in public view, should explain the reasons for seeking to file the document in redacted form, and should not include confidential information. At the same time, the party shall: (1) publicly file on ECF and electronically relate to the letter-motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted.

Summary: Redacted documents require a letter-motion filed in public view, with the redacted version publicly filed and the unredacted version filed under seal on ECF.

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Civil cases

iv. Submission by Email. Any party unable to comply with the requirement for electronic filing under seal on ECF, or who believes that a particular document should not be electronically filed at all, shall file a letter-motion by email, seeking leave of the Court to file in a different manner. Such letter-motions may be emailed to ReardenNYSDChambers@nysd.uscourts.gov as text-searchable PDF attachments, with copies simultaneously delivered to all counsel. In the subject line, the cover email should state clearly: (1) the caption of the case, including the lead party names and docket number; and (2) a brief description of the contents of the letter. Parties shall not include substantive communications in the body of the email. Unless otherwise ordered by the Court, letter-motions seeking leave to file in a different manner shall not exceed five double-spaced pages.

Summary: Parties unable to file electronically under seal may email letter-motions to chambers with specific formatting requirements.

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Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion.

Summary: For redaction approval motions, file redacted version publicly and unredacted version under seal with highlights.

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Any party wishing to file in redacted form any pleading, motion, memorandum, exhibit, or other document, or any portion thereof, based on a party’s designation of information as Confidential, must make a specific request to the Court by letter motion explaining the reasons for seeking to file that submission under seal and addressing the request in light of the Court of Appeals’ opinions in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and Bernstein v. Bernstein Litowitz Berger & Grossman LLP, 814 F.3d 132 (2d Cir. 2016).

Summary: Request to file redacted documents under seal requires letter motion with specific legal justification.

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If a request for redactions is based on another party’s designation of information as Confidential, the parties shall confer and jointly submit the request for redactions.

Summary: Joint submission required for redaction requests based on another party's confidential designation.

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Letter Motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court’s ECF system in conformity with the court’s standing order, 19-mc-00583, and ECF Rules & Instructions, section 6.