C.D. Cal. L.R. 79-5.2.2

In a non-sealed civil case, no document may be filed

under seal without prior approval by the Court. A person

seeking to file documents under seal must follow the

procedures set forth below in subsection (a), unless someone

else has designated these documents as confidential pursuant to

a protective order, in which event those involved must follow

the procedures set forth in subsection (b). Once the Court has

granted leave to file under seal, documents to be filed under

seal must be filed in accordance with subsection (c).

(a) Documents Not Designated by Another as

Confidential Pursuant to a Protective Order. A

person seeking leave of Court to file some or all of a

document under seal (the “Filing Party”) must file an

Application for Leave to File Under Seal

(“Application”). When possible, the Filing Party should

file the Application in time to receive a determination

before filing the motion or other paper that the proposed

sealed document is intended to support. The Application

will be open to public inspection. It must, however,

describe the nature of the information that the Filing

Party asserts should be closed to public inspection, and

must be accompanied by:

(i) A declaration (1) establishing good cause or

demonstrating compelling reasons why the strong

presumption of public access in civil cases should

be overcome, with citations to the applicable legal

standard, and (2) informing the Court whether

anyone opposes the Application. That the

information may have been designated confidential

pursuant to a protective order is not sufficient

justification for filing under seal; a person seeking

to file such documents under seal must comply

with L.R. 79-5.2.2(b).

(ii) A proposed order, narrowly tailored to seal

only the sealable material, and listing in table form

each document or portion thereof to be filed under

seal.

(iii) A redacted version of any document(s) of

which only a portion is proposed to be filed under

seal, conspicuously labeled “REDACTED

VERSION OF DOCUMENT PROPOSED TO BE

FILED UNDER SEAL.”

(iv) An unredacted version of the document(s)

proposed to be filed under seal, conspicuously

labeled “UNREDACTED VERSION OF

DOCUMENT PROPOSED TO BE FILED

UNDER SEAL,” with any proposed redactions

highlighted.

The declaration and the unredacted version of any

document proposed for sealing will be closed to public

inspection, but the redacted versions of those documents,

the proposed order, and the docket entry text will be

publicly viewable.

The Filing Party must provide a mandatory chambers

copy of the Application and all associated documents as

required by L.R. 5-4.5. The declaration and unredacted

versions of documents for which sealing is sought must

be provided in sealed envelopes, with a copy of the title

page attached to the front of each envelope. The

proposed order must be emailed to chambers as required

by L.R. 5-4.4.2.

If the Application is granted, the Filing Party must

thereafter file the sealed document pursuant to L.R.

79-5.2.2(c). The Clerk will not convert the

PROPOSED sealed document submitted with the

Application into a new filing.

If the Application is denied in its entirety, the

document(s) proposed to be filed under seal will not be

considered by the Court in connection with any pending

motion, unless the Filing Party files an unredacted

version of the document(s) within 3 days after the

Application is denied.

If the Application is denied in part, the document(s)

proposed to be filed under seal will not be considered by

the Court in connection with any pending motion unless

the Filing Party files a revised redacted version of the

document(s) that comports with the Court’s order within

3 days after the Application is denied.

(b) Documents Designated by Another as

Confidential Pursuant to a Protective Order. At least

3 days before seeking to file under seal a document

containing information previously designated as

confidential by another pursuant to a protective order, the

Filing Party must confer with the person that designated

the material confidential (the “Designating Party”) in an

attempt to eliminate or minimize the need for filing under

seal by means of redaction. If the document cannot be

suitably redacted by agreement, the Filing Party may file

an Application pursuant to subsection (a), but the

supporting declaration must identify the material

previously designated as confidential, as well as the

Designating Party, and must describe in detail the efforts

made to resolve the issue. The declaration must be

served on the Designating Party on the same day it is

filed, and proof of this service must be filed with the

declaration. Subsequently:

(i) Within 4 days of the filing of the Application,

the Designating Party must file a declaration

establishing that all or part of the designated

material is sealable, by showing good cause or

demonstrating compelling reasons why the strong

presumption of public access in civil cases should

be overcome, with citations to the applicable legal

standard. If the Designating Party maintains that

only part of the designated material is sealable, the

Designating Party must file with its declaration a

copy of the relevant material with proposed

redactions highlighted. The declaration and, if

applicable, the document highlighting proposed

redactions will be closed to public inspection.

Failure to file a declaration or other required

document may be deemed sufficient grounds for

denying the Application.

(ii) If the Application is denied, the Filing Party

may file the document in the public case file (i.e.,

unsealed) no earlier than 4 days, and no later than

10 days, after the Application is denied, unless the

Court orders otherwise.

(c) After Leave of Court Has Been Granted. Once the

Court has granted leave to file a document under seal, the

Filing Party must thereafter file the document with

whatever motion or other document the under-seal filing

is intended to support. The Clerk will not convert the

PROPOSED sealed document submitted with the

Application into a new filing. The caption of the under-seal document must clearly indicate the authority for

filing the document under seal by including, immediately

under the title of the document: “FILED UNDER SEAL

PURSUANT TO ORDER OF THE COURT DATED

_____”; if filed electronically, the under-seal document

must also be linked, during the filing process, to the order

authorizing its filing. Any document filed pursuant to

this L.R. 79-5.2.2(c) that misstates the basis for filing

under seal may be subject to public disclosure, and may

subject the filer to sanctions.