FILING UNDER SEAL

FILING UNDER SEAL (a) Requests to File a Document Under Seal. (i) Motions to Seal by CM/ECF Users . A party may request to file a document or documents under seal by filing a Motion to Seal. The motion must state the reason and show good cause for restricting access to the document, including an explanation of why a less restrictive alternative to sealing is not sufficient. A party filing a Motion to Seal shall: A. B. C. File the Motion to Seal on the docket using CM/ECF. File a redacted version of the document to be sealed on the docket using CM/ECF, redacting the portions proposed for sealing as well as any such portions of attached exhibits. If an attached exhibit (or similar document) is proposed to be fully redacted, a corresponding exhibit sheet marked “Fully Redacted” should be filed in lieu of including a fully redacted document. Provisionally file an unredacted version of the entire document, including all exhibits, under seal using the Provisionally Sealed Document utility using CM/ECF. The document provisionally filed under seal must include the proposed redactions highlighted in a visible color in the text of the document so that the text is readable. If the proposed sealed document is an exhibit or similar document and the party is requesting that the entire document be placed under seal, the exhibit should be marked as “Under Seal” using a full-page watermark notation or highlighting the entire document as described above. If only portions of the attached exhibit or document are proposed to be placed under seal, then those portions of the exhibit or document should be highlighted as described above. (ii) Motion to Seal by non-CM/ECF Users. Where the Panel requires documents to be filed non-electronically, the non-CM/ECF user seeking to file a document under seal must, before filing the document, file a Motion to Seal specifying the document or portion of a document to be filed under seal. The motion must state the reason and show good cause for restricting access to the document, including an explanation of why a less restrictive alternative to sealing is not sufficient. The non-CM/ECF user submitting a restricted document must file it in a sealed enclosure that conspicuously states on the face of the enclosure the non- CM/ECF user’s name, address, and e-mail address, the caption of the case, and the title of the document. If only portions of the document are sought to be filed under seal, the movant shall include in the enclosure: (i) a redacted copy of the document that will be filed on the public docket; and (ii) an unredacted copy of the document with the portions of the document to be placed under seal highlighted in a visible - 5 - color in the text of the document so that the text is readable. The unredacted copy will not be filed on the public docket. (b) Copies Served on Other Parties; Proof of Service. Any sealed document must be served on any other party to the matter before the Panel. The “matter before the Panel” is defined as the action or actions (i) listed in the schedule accompanying a motion as provided in Rule 6.1(b)(ii), or (ii) encompassed by a show cause order issued under Rule 8.1. The served document shall be a complete version, without any redactions made to create the public-record version unless otherwise ordered for good cause shown. A party filing a Motion to Seal must include a proof of service listing the parties served with the motion and the document to be sealed. (c) Permission to file under seal. Once a Motion to Seal is filed and the documents to be sealed are received by the Panel, the Panel, through the Clerk, may act upon the Motion to Seal, at any time, without waiting for a response. Any party aggrieved by the Clerk of the Panel’s action may file objections for consideration under Rule 6.3(b). If the motion is denied, the party seeking to file under seal may either file the document on the public docket or withdraw its filing. (d) Failure to File Request to Seal. No MDL or document may be sealed without an order from the Panel. (e) Electronic Filing Rule and Procedures. All procedures for filing documents under seal are contained in the Panel’s Electronic Case Filing Administrative Policies and Procedures, available on the Panel’s website, www.jpml.uscourts.gov.