E.D. Cal. L.R. 141

(a) Sealing Documents: General Principles. Documents may be sealed only

by written order of the Court, upon the showing required by applicable law. To ensure that

documents are properly sealed, specific requests to seal must be made even if an existing

protective order, statute, or rule requires or permits the sealing of the document. Notice

that a request to seal has been made will typically be filed in the publicly available case

file. Unless the Court orders otherwise, court orders sealing documents will also be filed

in the publicly available case file and will not reveal the sealed information. Access to all

documents filed under seal will be restricted to the Court and authorized court personnel.

(b) Requests to Seal. If a party seeks to seal documents, the party shall

submit, in the manner prescribed below, a “Notice of Request to Seal Documents,” a

“Request to Seal Documents,” a proposed order, and all documents covered by the

request.

Except in pre-indictment criminal investigations in which sealing is sought, the

“Notice of Request to Seal Documents” shall be filed electronically, or for non-electronic

filers, shall be submitted on paper to the Clerk for filing by hand delivery, by same-day or

overnight delivery service provided by a courier, or by U.S. Mail, and shall be served on

all parties. The Notice shall describe generally the documents sought to be sealed, the

basis for sealing, the manner in which the “Request to Seal Documents,” proposed order,

and the documents themselves were submitted to the Court, and whether the Request,

proposed order, and documents were served on all other parties.

Except in criminal pre-indictment matters, the “Request to Seal Documents,” the

proposed order, and all documents covered by the Request shall be either (1) e-mailed

to the appropriate Judge or Magistrate Judge’s proposed orders e-mail box listed on the

Court’s website, with the e-mail subject line including the case number and the statement:

“Request to Seal Documents”; or (2) submitted on paper to the Clerk by hand delivery, by

same-day or overnight courier, or by U.S. Mail; the envelope containing the Request,

proposed order an documents shall state in a prominent manner “Request to Seal

Documents.” If the Request, proposed order, and documents are delivered to the Clerk,

the party seeking sealing shall submit a self-addressed, stamped envelope for return of

the documents. In either case, the Request, proposed order, and submitted documents

shall not be filed at this time.

Except in matters in which it is clearly appropriate not to serve the “Request to

Seal Documents,” proposed order, and/or documents upon the parties, which would

include criminal pre-indictment matters, all Requests, proposed orders, and submitted

documents shall be served on all parties on or before the day they are submitted to the

Court. See L.R. 135.

The “Request to Seal Documents” shall set forth the statutory or other authority for

sealing, the requested duration, the identity, by name or category, of persons to be

permitted access to the documents, and all other relevant information. If the Request,

proposed order, and/or documents covered by the Request were submitted without

service upon one or more other parties, the Request also shall set forth the basis for

excluding any party from service. The documents for which sealing is requested shall be

paginated consecutively so that they may be identified without reference to their content,

and the total number of submitted pages shall be stated in the request.

In pre-indictment criminal investigations, unless otherwise ordered, instead of filing

a “Notice of Request to Seal Documents,” government counsel shall submit to the Court,

with the “Request to Seal Documents,” proposed order, and documents proposed for

sealing, a second proposed order sanitized of any identifying information, indicating in the

caption that attached documents have been approved for filing under seal, with the

understanding that the sanitized order will be filed in the publicly available case file.

(c) Oppositions to Sealing Requests. Except in criminal pre-indictment

matters, and unless otherwise ordered by the Court, a party may submit an opposition to

the “Request to Seal Documents” within three days of the date of service of the “Notice

of Request to Seal Documents.” The opposition shall be either: (1) e-mailed to the

appropriate Judge or Magistrate Judge’s proposed orders e-mail box listed on the Court’s

website, with the e-mail subject line including the case number and statement:

“Opposition to Request to Seal Documents”; or (2) submitted on paper to the Clerk by

hand delivery, by same-day or overnight courier, in an envelope stating in a prominent

manner “Opposition to Request to Seal Documents.” The Opposition shall be served on

the party or parties requesting sealing and on any other party served with the “Request

to Seal Documents.” The Opposition shall not be filed at this time.

(d) Orders on Sealing Requests. Unless the Court orders otherwise, following

review of a “Request to Seal Documents,” the documents sought to be sealed, and any

opposition to the Request, the Court will file in the publicly available case file an order

granting or denying the Request. The order shall identify the documents for which sealing

has been granted or denied by page number without revealing their contents. The Court

may file a more detailed ruling under seal. The publicly filed order or the docket shall

include a notation that a sealed order has been filed.

(e) Disposition of Documents. Upon issuance of an order on a sealing

request and unless the Court has ordered otherwise, the Clerk will file under seal the

request, proposed order, and any opposition. Disposition of the documents covered by

the request to seal depends on whether the request is denied or granted.

(1) Denial. If a Request is denied in full or in part, the Clerk will return to

the submitting party the documents for which sealing has been denied.

(2) Grant. If a Request is granted in full or in part, the disposition of

documents to be sealed depends upon whether the requesting party is authorized to file

electronically.

(i) Electronic Filer. If the requesting party is authorized to file

electronically, then counsel for the requesting party shall either e-mail to the Clerk, at the

e-mail address for sealed documents listed on the Court’s website, an electronic copy of

the documents covered by the sealing order, in .pdf format as an attachment, or submit

to the Clerk by hand-delivery, U.S. mail, or same-day or overnight courier, a CD

containing a copy of the documents in .pdf format. If submitted by e-mail, the subject line

of the e-mail shall include the case number and the body of the e-mail shall identify the

order authorizing the sealing of the attached documents. If submitted by hand, U.S. mail,

or courier, the envelope containing the CD shall state in a prominent manner: "Sealed

Documents” and shall identify the order authorizing sealing. The Clerk will file the

documents under seal and will then return to the submitting party any documents

submitted by hand, U.S. mail, or courier and any CD.

(ii) Non-Electronic Filer. If the requesting party is not authorized

to file electronically, the Court will transmit to the Clerk the documents to be sealed along

with the order authorizing sealing. The Clerk will scan the documents to be sealed and

file them under seal. The Clerk will then return the documents to the submitting party.

(iii) Unsealing Documents. Upon the motion of any person, or

upon the Court’s own motion, the Court may, upon a finding of good cause or consistent

with applicable law, order documents unsealed. See Fed. R. Civ. P. 5.2, Fed. R. Crim. P.

49.1.