There is a presumption that the public will have access to all court filings. When warranted, the parties should file a proposed order which specifies the categories of documents or other matters which may be subject to the order (e.g., trade secrets, medical records, personnel files, and the like), and file a motion that explains why a protective order is necessary as to each category. The Court will then independently review the motion and determine if the order should be signed.

The Court will not sign a protective order that provides that items designated as confidential may, for that reason, be filed with the Court under seal. Rather, any protective order that contemplates under-seal filing must provide that no documents may be filed under seal absent a motion showing good cause for sealing a portion of the record. The mere fact that information has been designated as confidential by a party is insufficient to permit filing under seal. A party seeking to file material under seal must set forth in its motion the reasons why the record should be sealed.

If the Court permits a portion of a document to be filed under seal, the party filing the document must also file a redacted public-record version that includes the entire document except for the portions filed under seal. The issuance of a protective order in light of this Standing Order will constitute the Court’s determination, as required by Rule 26(c), that good cause existed for the issuance of a protective order. The parties should review the Model Confidentiality Order contained in the Local Rules.

Model Confidentiality Order