N.D.N.Y. L.R. 5.3

(a) A party seeking to have a document, a portion of a document, a party or an entire

case sealed bears the burden of filing an application setting forth the reason(s) that the referenced

material should be sealed under the governing legal standard. See Lugosch v. Pyramid Co. of

Onondaga, 435 F.3d 110, 119-27 (2d Cir. 2006). (The provisions of Local Rule 5.3 shall not

apply to actions for which sealing is required by statute, e.g., 31 U.S.C. § 3730(b)(2), or to

personal identifiers that are required to be redacted under Local Rule 5.2.)

The application to seal shall be filed on ECF. The party should also attach to the

application or file separately a redacted version of any document that is to contain the sealed

material (unless the party seeks to seal the entire document). When the party seeks to seal an

entire document, the party shall attach or file that document with a blank page marked

appropriately (e.g., as “Sealed Affidavit” or “Sealed Exhibit Number ___”) for each requested

sealed document.

The application shall also attach a proposed sealing order (which shall not be filed under

seal unless the Court deems doing so to be appropriate) containing specific findings justifying

the sealing under the governing legal standard for the assigned judge's approval. The proposed

order shall include an “ORDERED” paragraph stating the referenced material to be sealed. All

material sought to be sealed shall be submitted to the Court for its in camera consideration via

MFT on the Court’s website, and shall be served on all counsel.

(b) Upon the assigned judge’s approval of the sealing order, the sealing order shall be

filed on the public docket (unless the Court deems sealing all or a portion of it to be appropriate),

and the redacted or sealed document shall be filed as directed by the Court. A complaint

presented for filing with an application to seal and a proposed order shall be treated as a sealed

case, pending approval of the proposed order. A document, a portion of a document, a party or

an entire case may be sealed when the case is initiated or at various stages of the proceeding. The

Court may on its own motion enter an order directing that a document, a portion of a document, a

party or an entire case be sealed.

(c) Once the Court seals a document, a portion of a document, a party or an entire

case, the material shall remain under seal for the duration of the sealing order or until a

subsequent order is entered directing that the sealed material be unsealed. A party or third-party

seeking unsealing must do so by motion on notice.

(d) Should an application to seal be denied, the documents sought to be sealed will be

treated as withdrawn and will not be considered by the Court. Any documents submitted in non-electronic form will be returned to the party advancing the request. The requesting party shall

retain all submitted documents for a period of not less than sixty days after all dates for appellate

review have expired.