Hon. Dolly M. Gee · U.S. District Court for the Central District of California
=== DMG - Rule16 Sched Conf Setting Order ===
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Plaintiff(s), v. _______________________________ Defendant(s). Case No. CV DMG ( x) SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] SCHEDULING CONFERENCE set for , 2010 at 9:30 a.m. [Fed. R. Civ. P.16] This case has been assigned to the calendar of United States District Judge Dolly M. Gee. The responsibility for the progress of litigation in the federal courts falls not only upon the attorneys in the action, but upon the court as well. In order “to secure the just, speedy, and inexpensive determination of every action,” (Fed. R. Civ. P. 1), all counsel are hereby ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A Scheduling Conference is set for the date and time set forth in the caption.1 Counsel shall meet at least twenty-one (21) days in advance of the Scheduling Conference to prepare a jointly signed report for the court to be submitted no less than fourteen (14) days before the Scheduling Conference. The report is to contain the items set forth below. Pursuant to Fed. R. Civ. P. 16(c), the parties shall be represented by counsel with authority to enter into stipulations regarding all matters pertaining to conduct of the case. The joint report to be submitted shall contain the items listed in Fed. R. Civ. P. 26(f), the parties’ recommendations and agreements, if any, about the final scheduling order as listed in Fed. R. Civ. P. 16(b)(1) through (6), and those items listed in Fed. R. Civ. P. 16(c) which counsel believe will be useful to discuss at the Scheduling Conference. Items which must be addressed are the following: (1) (2) (3) initial disclosures, preservation of discoverable information, and a discovery plan, including a listing and proposed schedule of written discovery, depositions, and a proposed discovery cut-off date; a listing and proposed schedule of law and motion matters, and a proposed dispositive motion cut-off date; a statement of what efforts have been made to settle or resolve the case to date and what settlement procedure is recommended pursuant to Local Rule 16-15.4 (specifically excluding any statement of the terms discussed); (4) an estimated length of trial and a proposed date for the final pretrial conference and for trial; 1 Unless there is a likelihood that upon motion by a party the Court would order that any or all discovery is premature, it is advisable for counsel to begin to conduct discovery actively before the Scheduling Conference required by Fed. R. Civ. P. 16(b). At the very least, the parties shall comply fully with the letter and spirit of Fed. R. Civ. P. 26(a) and thereby obtain and produce most of what would be produced in the early stage of discovery, because at the Scheduling Conference the Court will impose tight deadlines to complete discovery. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (5) a discussion of other parties likely to be added; (6) whether trial will be by jury or to the court; (7) (8) any other issues affecting the status or management of the case; and proposals regarding severance, bifurcation or other ordering of proof. In addition, the Scheduling Conference Report shall contain the following: (1) (2) (3) (4) a short synopsis of the principal issues in the case; a statement of whether pleadings are likely to be amended; a statement as to issues which any party believes may be determined by motion; and a statement as to whether the parties consent to a mutually agreeable Magistrate Judge from the Court’s Voluntary Consent List (http://www.cacd.uscourts.gov/judges-requirements/court-progr ams/voluntary-consent-magistrate-judges) to preside over this action for all purposes, including trial. If the parties consent to a Magistrate Judge, they shall complete and e-file form CV-11D. At the Scheduling Conference, the Court will set a date for discovery cut- off,2 a final date by which motions must be filed and served, a final pretrial conference date, and a trial date. To facilitate the scheduling process, counsel shall complete the Schedule of Pretrial and Trial Dates form attached as Exhibit A to this Order and attach it to the Joint Rule 26(f) Report. The Court urges the parties to make every 2 This is not the date by which discovery requests must be served; but the date by which all discovery is to be completed. Any motion challenging the adequacy of discovery responses must be filed timely, served and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date, if the motion is granted. The Court requires compliance with Local Rule 37-1 and 37-2 in the preparation and filing of discovery motions. Except in the case of an extreme emergency which was not created by the lawyer bringing the motion, discovery motions may not be heard on an ex parte basis. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 effort to agree upon joint dates and deadlines. The entries in the “Time Computation” column reflect what the Court believes are appropriate for most cases and will allow the Court to rule on potentially dispositive motions sufficiently in advance of the final pretrial conference. The form is designed to enable counsel to ask the Court to set different (earlier) last dates by which the key requirements must be completed. A continuance of the Scheduling Conference will be granted only for good cause. The failure to submit a joint report in advance of the Scheduling Conference or the failure to attend the Scheduling Conference may result in the dismissal of the action, striking the answer and entering a default, and/or the imposition of sanctions. An alternative dispute resolution (ADR) procedure appropriate to the particular case will be used in every civil action pursuant to Local Rule 16-15.1. In the Scheduling Conference Report, counsel are to recommend a specific ADR procedure provided for in Local Rule 16-15 which will be utilized in this case. See L.R. 26-1(c). If counsel have received a Notice to Parties of Court-Directed ADR Program (ADR-08), the case will be presumptively referred to the Court Mediation Panel or to private mediation. See General Order 11-10, § 5.1. Nonetheless, available alternatives for consideration, not to the exclusion of others, include: (1) (2) (3) a settlement conference before the magistrate or district judge assigned to this case (Local Rule 16-15.4(1 ; appearance before an attorney selected from the Attorney Settlement Officer Panel (Local Rule 16-15.4(2 ; appearance before a retired judicial officer or other private or non-profit dispute resolution body for non-judicial settlement or mediation proceedings (Local Rule 16- 15.4(3 ; (4) such other settlement mechanism proposed by the parties and approved by the court. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The report to the Court as to the above items should be preceded by a thorough and frank discussion among the attorneys for the parties. A Joint Scheduling Report which does not comply with Fed. R. Civ. P. 16, 26(f), and this Order may cause continuance of the Scheduling Conference and a possible award of sanctions under Rule 16(f) against the party or parties responsible. Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action. The Court appreciates Counsel’s anticipated cooperation and compliance with this Order. IT IS SO ORDERED. DATED: ________________________________ DOLLY M. GEE UNITED STATES DISTRICT JUDGE 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Judge Dolly M. Gee SCHEDULE OF PRETRIAL & TRIAL DATES WORKSHEET Case No. Case Name: MATTER JOINT REQUESTED DATE or PLNTF/DEFT REQUESTED DATE TIME TRIAL [ ] Court [ ] Jury Duration Estimate: FINAL PRETRIAL CONFERENCE (“FPTC”) 4 wks before trial (Tuesday)3 (Tuesday) MATTER TIME COMPUTATION 8:30 a.m. 2:00 p.m. JOINT REQUESTED DATE or PLNTF/DEFT REQUESTED DATE Amended Pleadings and Addition of Parties Cut-Off (includes hearing of motions to amend) 90 days after scheduling conf Non-Expert Discovery Cut-Off (includes hearing of discovery motions) at least 14 wks before FPTC Motion Cut-Off (filing deadline) at least 13 wks before FPTC Initial Expert Disclosure & Report Deadline at least 9 wks before FPTC Rebuttal Expert Disclosure & Report Deadline at least 5 wks before FPTC Expert Discovery Cut-Off (includes hearing of discovery motions) at least 3 wks before FPTC Settlement Conference Completion Date at least 4 wks before FPTC Motions in Limine Filing Deadline at least 3 wks before FPTC Opposition to Motion in Limine Filing Deadline at least 2 wks before FPTC Other Dates: (e.g., class cert motion cut-off, early mediation, etc.) EXHIBIT A 3Trials commence on Tuesdays. Final pretrial conferences are held on Tuesdays. 6
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, v. , Defendants. Case No.: CR - DMG CRIMINAL MOTION AND TRIAL ORDER Pretrial Conference: [DATE] at 2:30 p.m. Trial Date: [DATE] at 8:30 a.m. A. MOTIONS 1. Counsel must meet and confer with opposing counsel and attempt to resolve the issue before filing a motion. Pretrial motions, including motions in limine, shall be filed no later than four weeks before the Pretrial Conference. Opposition (or notice of non-opposition) shall be filed no later than one week after the filing of the motion. A reply, if any, shall be filed no later than one week after the filing of the opposition. Replies relating to motions in limine are not accepted absent leave of court. Pretrial motions and motions in limine shall be set for hearing no later than the date and time of the Pretrial Conference. Counsel must follow the Central District’s General Orders and Local Rules concerning electronic filing, unless superseded by this Order. -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. If counsel wish to have a court ruling on their pretrial motions and motions in limine before the Pretrial Conference, they should meet and confer and agree upon an earlier briefing schedule. Hearings on such motions are held on Wednesdays at 2:00 p.m., unless otherwise set by the Court. 3. All papers shall be served personally, electronically mailed, or faxed to opposing counsel no later than 4:30 p.m. on the day of filing. No chambers copy is required, except at the specific request of the Court. 4. Counsel shall meet and confer with opposing counsel to informally resolve discovery disputes prior to filing a motion for discovery. All discovery motions shall state with particularity what is requested, the basis for the request, whether discovery has been requested, and opposing counsel’s response to such request. Motions made without prior consultation with opposing counsel may not be heard. 5. Ex parte applications are disfavored. Counsel should obtain the agreement (or at least the position) of opposing counsel before filing such an application. B. FILINGS UNDER SEAL Counsel shall comply with the instructions posted on the Court’s website at the “Judges’ Procedures and Schedules” link and the pdf attachment entitled “DMG Under Seal Instruction - CRIMINAL CASES ONLY” located at that link. C. DISCOVERY & NOTICE Counsel shall comply promptly with discovery and notice pursuant to Rules 12, 12.1, 12.2, 12.3, 12.4, 15, and 16 of the Federal Rules of Criminal Procedure. On government counsel’s discovery of any evidence within the scope of Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, such evidence shall be produced forthwith to defense counsel. Government counsel shall also disclose to defense counsel the existence or non-existence of (1) evidence obtained by electronic surveillance and (2) testimony by a government informant. -2- D. TRIAL REQUIREMENTS 1. No later than one week before trial, government counsel shall file with the Court a trial memorandum setting forth a factual summary of the government’s case, a statement of the charges and the elements of each charge, an estimate of the length of the government’s case in chief, including anticipated cross-examination, the names of witnesses the government intends to call, and a discussion of relevant legal and evidentiary issues as applied to the facts of the particular case. Government counsel shall attempt to obtain defense counsel’s agreement to the factual summary, statement of the charges, time estimate for cross-examination of the government’s witnesses (using the attached sample “Joint Trial Witness Estimate” form), and legal and evidentiary issues. 2. Counsel shall arrive at the Courtroom no later than 8:30 a.m. on the first day of trial. 3. Government counsel shall present the CRD with the following documents on the first day of trial: a. Three copies of the government’s witness list, which shall also be sent in Word or WordPerfect format to the Chambers e-mail box; b. Three copies of the government’s exhibit list in the form specified in the attached sample, which shall also be sent in Word or WordPerfect format to the Chambers e-mail box; c. One set of three-ring binder(s) containing all of the government’s original exhibits, with official exhibit tags attached and bearing the same number shown on the exhibit list. Digital exhibit tags are available on the Court's website under Court Forms > General Forms > Form G-14A (plaintiff) and G-14B (defendant). Digital exhibit tags may be used in place of the tags obtained from the Clerk’s Office. Exhibits shall be numbered 1, 2, 3, etc., NOT 1.1, 1.2, etc. If a “blow-up” is an enlargement of an existing exhibit, it shall be designated with the number of the original exhibit followed by an “A”; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- d. Two sets of three-ring binders containing a copy of all exhibits that can be reproduced for use by the Court and witnesses. Each exhibit shall be tabbed with the exhibit number for easy reference. 4. Exhibits such as firearms, narcotics, etc., must remain in the custody of a law enforcement agent during the pendency of the trial. It shall be the responsibility of the agent to produce any such items for court, secure them at night, and guard them at all times while in the courtroom. 5. The Court prefers that defense counsel deliver defense exhibits to the CRD on the first day of trial, but counsel are not required to do so unless these exhibits have previously been provided to the government. Defense counsel are responsible for affixing completed exhibit tags with the case name and case number to all exhibits to be used in defendant’s case. 6. In trials where the defense expects to admit more than 20 exhibits, defense counsel shall provide two three-ring binders (one for the Court and one for witnesses), tabbed if possible with numbers to correspond to the exhibits counsel expects to introduce. Defense counsel shall provide the Court with a copy of defense exhibits as they are introduced during trial, if they have not previously been provided. 7. Defense counsel shall provide the CRD and the court reporter with the defense witness list and defense exhibit list. 8. A copy of the exhibit list with all admitted exhibits will be given to the jury during deliberations. Government and defense counsel shall review and approve the exhibit list with the CRD before the list is given to the jury. 9. If any counsel wishes to arrange for the use of additional equipment, such as video monitors, overhead projectors, etc., counsel shall notify the CRD no later than 4:00 p.m. at least one week before trial so that the necessary arrangements may be made in advance of trial. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. Counsel shall not attempt to display or use any demonstratives, charts, or enlargements of exhibits unless all counsel have agreed to their use or objections have been heard and a ruling has been made by the Court. 11. On the day of jury selection, trial will begin at 9:00 a.m. Counsel will appear at 8:30 a.m. Thereafter, trial hours are from 9:00 a.m. to 4:00 p.m., with two fifteen-minute breaks and a 75 minute lunch break, unless otherwise ordered by the Court. When necessary, trials may continue beyond the normal schedule. 12. On the day of jury selection, the Court reserves the time from 8:30 a.m. to 9:00 a.m. to handle legal and administrative matters. Jury selection will commence promptly at 9:00 a.m. or as soon as jurors are available. All counsel must anticipate matters that may need to be addressed outside of the presence of the jury and raise them during this period, during breaks, or at the end of the day. The Court does not make jurors wait while counsel discuss matters that should have been addressed previously. Counsel are urged to consider any unusual substantive or evidentiary issues that may arise and to advise the Court of such issues. Short briefs (no more than five pages) addressing such disputed issues are welcome. The Court discourages sidebars during trial. 13. Should government counsel wish to order transcripts, they shall provide agency authorization to the court reporter at the time the request is made. 14. Any party requesting special court reporter services for any hearing (e.g., real time transmission, daily transcripts) shall notify the reporter at least two weeks before the hearing date. E. JURY INSTRUCTIONS, VERDICT FORMS & QUESTIONNAIRES 1. No later than one week before trial, counsel shall submit both general and substantive jury instructions in the form described below. If possible, all instructions should be taken from the Manual of Model Criminal Jury Instructions for the Ninth Circuit (West Publishing, current edition). Where no applicable Ninth Circuit model -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 instruction is available, counsel should consult the instructions from O’Malley, Grenig & Lee (formerly Devitt, et al.), Federal Jury Practice and Instructions (West Publishing Co., current edition). Counsel may submit alternatives to the Ninth Circuit model jury instructions or O’Malley, Grenig & Lee instructions only if counsel has a reasoned argument that those instructions do not properly state the law or they are incomplete. 2. The parties must submit JOINT jury instructions and a JOINT proposed verdict form. In order to produce these joint instructions, the parties shall meet and confer sufficiently in advance of the required submission date with the goal of agreeing on instructions and verdict forms. Where the parties cannot agree, disputed instructions shall be submitted at least one week before trial as follows: (1) JOINT jury instructions (those instructions agreed to by all parties), and (2) DISPUTED jury instructions (those instructions propounded by a party to which another party objects). On a separate page following each disputed jury instruction, the party opposing the instruction shall briefly state the basis for the objection, any authority in support thereof and, if applicable, an alternative instruction. On the following page, the party proposing the disputed instruction shall briefly state its response to the objection, and any authority in support of the instruction. Each requested jury instruction shall be numbered and set forth in full on a separate page, citing the authority or source of the requested instruction. 3. Jury instructions should be modified as necessary to fit the facts of the case (e.g., inserting names of defendant(s) or witness(es) to whom instruction applies). Where language appears in brackets in the model instruction, counsel shall select the appropriate text and eliminate the inapplicable bracketed text. 4. An index page shall accompany all jury instructions submitted to the Court. The index page shall indicate the following: a. The number of the instruction; b. A brief title of the instruction; c. The source of the instruction; and d. The page number of the instruction. -6- EXAMPLE: Number Title Source Page Number #1 Conspiracy-Elements 9th Cir. 8.5.1 1 5. One or more copies of the instructions will be given to the jury during deliberations. Accordingly, counsel must submit to the Chambers e-mail ([email protected]) a “clean” set of all instructions in Word or WordPerfect format, containing only the text of each instruction, set forth in full on each page, with the caption “Instruction No. ____” (eliminating titles, supporting authority, indication of party proposing, etc.). 6. 7. Counsel shall submit a joint proposed verdict form with the jury instructions. At least one week before trial, each counsel must file any proposed questions to be asked of prospective jurors. 8. The Court, in its discretion, may display certain voir dire questions and jury instructions on the large screen inside the courtroom. F. INSTRUCTIONS GOVERNING PROCEDURE DURING TRIAL 1. Counsel shall not refer to any witness – including a client – over 14 years of age by his/her first name during trial. 2. 3. Counsel shall not discuss the law or argue the case in opening statements. No “speaking objections” are allowed. Counsel shall not use objections for the purpose of making a speech, repeating testimony, or attempting to guide the witness. When objecting, counsel shall stand, state only the legal ground of the objection, e.g., hearsay, irrelevant, etc. Counsel shall not argue an objection before the jury. Requests to approach sidebar to further argue an objection should be made sparingly and may not be granted. 4. Counsel shall not make facial expressions, nod, or shake their heads, comment, or otherwise exhibit in any way any agreement, disagreement, or other opinion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or belief concerning the testimony of a witness. Counsel shall admonish their clients and witnesses not to engage in such conduct. 5. Counsel should not talk to jurors at all, and should not talk to co-counsel, opposing counsel, witnesses, or clients where the conversation can be overheard by jurors. Each counsel should admonish counsel’s own clients and witnesses to avoid such conduct. 6. Counsel shall question witnesses from the lectern. Counsel shall not approach the witness box or enter the well without the Court’s permission, and shall return to the lectern when counsel’s purpose has been accomplished. 7. Counsel should speak clearly when questioning witnesses, making objections, etc. 8. No document shall be placed before a witness unless a copy has been provided to the Court and opposing counsel. Counsel may consider such devices as overhead projectors, jury notebooks for admitted exhibits, or enlargements of important exhibits. The Court has an Elmo and other equipment available for use during trial. Counsel may call the CRD if they wish to visit when the Court is not in session to practice using the equipment. The Court does not permit exhibits to be “published” by passing them up and down the jury box. Exhibits may be displayed briefly using the screen in the courtroom, unless the process becomes too time-consuming. 9. Water is permitted in the courtroom. Food is not permitted in the courtroom. 10. Counsel shall rise when addressing the Court, including when objecting to opposing counsel’s questions. In jury trials, counsel, designated case agents and the defendant shall rise when the jury enters or leaves the courtroom. Special procedures or exceptions may apply when the defendant is in custody or restrained. 11. In trial, all remarks shall be addressed to the Court. Counsel shall not directly address the CRD, the court reporter, or opposing counsel. All requests for re- reading of questions or answers, or to have an exhibit placed in front of a witness, shall be addressed to the Court -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. Counsel should not offer a stipulation without having conferred with opposing counsel and having reached an agreement. Any stipulation of fact will require defendant’s personal concurrence and shall be submitted to the Court in writing for approval. A proposed stipulation should be explained to defendant in advance. 13. While court is in session, counsel shall not leave counsel table to confer with investigators, paralegals, secretaries, witnesses, etc. unless permission is granted in advance. 14. When a party has more than one lawyer, only one lawyer may conduct the examination of a given witness, and only that same lawyer may handle objections during the testimony of that witness. 15. If a witness was on the stand at a recess or adjournment, counsel who called the witness shall ensure the witness is back on the stand and ready to proceed when trial resumes. 16. Counsel are directed to have witnesses available throughout the court day. If no witnesses are available and there is more than a brief delay, the Court may deem counsel to have rested. 17. The Court attempts to cooperate with expert witnesses and other professionals and will, except in extraordinary circumstances, accommodate them by permitting them to be called out of sequence. Counsel should anticipate any scheduling issues and discuss them with opposing counsel. If there is an objection, counsel shall confer with the Court in advance. 18. Counsel must notify the CRD in advance if any witness should be accommodated based on the Americans with Disabilities Act or for other reasons. 19. Counsel shall be on time, as the Court makes every effort to start promptly. IT IS SO ORDERED. DATED: DOLLY M. GEE UNITED STATES DISTRICT JUDGE -9-
=== DMG Under Seal Guide to Electronically Filing Under Seal Documents -CIVIL CASES ONLY ===
This document outlines the procedures for attorneys to follow when electronically filing SEALED documents in otherwise PUBLIC/NON‐SEALED civil cases. REVISED: November 2015 Guide to Electronically Filing Under-Seal Documents in Civil Cases U.S. District Court for the Central District of California SEALED CIVIL DOCUMENTS 2015 Table of Contents E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES ..................... 1 OVERVIEW OF E-FILING PROCEDURES ............................................................................... 2 Application for Leave to File Under Seal .................................................................................. 2 E-Filing Sealed Documents ........................................................................................................ 2 Service of Sealed Documents ..................................................................................................... 2 Public Access ............................................................................................................................. 3 Available Events ......................................................................................................................... 3 Clearly Label All Sealed Documents ......................................................................................... 3 Use Caution in Drafting Docket Entry Text .............................................................................. 3 Mandatory Chambers Copies & Proposed Orders ..................................................................... 3 Filing a Redacted Document ...................................................................................................... 4 Problems Filing a Sealed Document .......................................................................................... 4 Red Screens ................................................................................................................................ 4 APPLICATION FOR LEAVE TO FILE UNDER SEAL: SCREEN-BY-SCREEN INSTRUCTIONS ....................................................................................................................... 5 Leave to File Document Under Seal .......................................................................................... 5 Sealed Declaration in Support .................................................................................................. 10 SEALED DOCUMENT: SCREEN-BY-SCREEN INSTRUCTIONS ....................................... 15 SEALED MOTION (GENERIC SEALED MOTION-TYPE EVENT): SCREEN-BY- SCREEN INSTRUCTIONS ..................................................................................................... 22 SEALED OPPOSITION: SCREEN-BY-SCREEN INSTRUCTIONS ...................................... 29 SEALED REPLY: SCREEN-BY-SCREEN INSTRUCTIONS ................................................. 35 APPLICATION FOR LEAVE FOR IN CAMERA REVIEW: SCREEN-BY-SCREEN INSTRUCTIONS ..................................................................................................................... 41 i SEALED CIVIL DOCUMENTS 2015 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA E‐FILING SEALED DOCUMENTS IN PUBLIC/NON‐SEALED CIVIL CASES Effective December 1, 2015, the United States District Court for the Central District of California will amend its local rules to require attorneys to electronically file sealed documents in otherwise PUBLIC/NON-SEALED CIVIL CASES using the Court’s CM/ECF system. Additional changes to the Local Rules effective the same day will change the way leave to file documents under seal must be requested, especially for documents subject to a protective order, and provide guidance for seeking in camera review of documents. A redline of all changes to the Local Rules effective December 1, 2015, is available here: http://www.cacd.uscourts.gov/ news/new-and-amended-local-rules-effective-december-1-2015. Please review these changes before filing or seeking leave to file any documents under seal on or after December 1, 2015. Note that the new rules require electronic filing only in PUBLIC/NON-SEALED CIVIL CASES. For now, continue to file sealed documents in criminal cases in paper, or as otherwise directed by your assigned judge’s standing orders. Likewise, continue to file all documents in paper in any case in which the entire case is under seal. And note that pro se parties who have been granted permission to file documents electronically must nonetheless continue to file sealed documents in paper; the CM/ECF system does not allow pro se parties to e-file sealed documents. This Guide to Electronically Filing Under-Seal Documents in Civil Cases sets forth step-by-step instructions for electronically filing sealed documents, Applications for Leave to File Under Seal, and Applications for Leave for In Camera Review. Please review these instructions carefully – failure to follow these instructions could result in the inadvertent filing of a document you wish to keep under seal as a public document. Please note that, within CM/ECF, a separate menu of events related to the e-filing of sealed documents has been created (“Under Seal Filing Events”). If you attempt to e-file a sealed document, you must use one of the events available from this menu, or your document will not be filed under seal. Do not use a regular motion event on the “Motions and Related Filings” menu, as any documents so filed will be public. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 1 SEALED CIVIL DOCUMENTS 2015 OVERVIEW OF E‐FILING PROCEDURES Application for Leave to File Under Seal Before filing any sealed document, you must have leave of court. Even if a statute or rule authorizes the filing of a particular document under seal, you must obtain a court order in the case in which you plan to file that document. Accordingly, you must first electronically file an Application for Leave to File Under Seal, following the instructions set forth below at page 5. Your Application must be accompanied by: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of the documents proposed to be filed under seal. L.R. 79- 5.2.2(a)-(b) (eff. 12/1/15). The Application, the proposed order, any redacted documents, and the text of the docket entry itself will be visible to the public, so be sure to draft them accordingly. The declaration and the document(s) proposed to be filed under seal will not be publicly viewable. A Notice of Electronic Filing (“NEF”) will be sent, and recipients will be able to click on the link in the NEF to view the Application, the proposed order, and the redacted documents. However, only court staff and the CM/ECF user filing the documents will be able to view the declaration and the documents proposed to be filed under seal. Note that, if you are the party that has designated a document confidential pursuant to a protective order, L.R. 79-5.2.2(b)(i) requires you to file a Declaration explaining why the documents should be filed under seal. You should use the “Sealed Declaration in Support” event to file this declaration. E‐Filing Sealed Documents Once leave to file a document under seal has been granted, the party that requested leave to file under seal must proceed to file the document. Clerk’s Office staff will not do this for you. If you obtain leave to file a document under seal, you must follow through and file it under seal, or you will not be able to rely on the document in the case. For instance, if you obtain leave to file a motion to dismiss under seal, you must then file your motion to dismiss, using the “Sealed Motion” event under the “Under Seal Filing Events” menu, following the instructions set forth below at page 22. Likewise, if you obtain leave to file an exhibit to a summary judgment motion under seal, you must then proceed to file your summary judgment motion using a regular motion event, then file the sealed exhibit using the “Sealed Document” event on the “Under Seal Filing” menu, and link it to your summary judgment motion, following the instructions set forth below at page 15. Any document filed under seal must also be linked to the court order granting permission to so file. See L.R. 79-5.2.2 (c) (eff. 12/1/15). Service of Sealed Documents Documents electronically filed under seal will not be accessible through the Notice of Electronic Filing (“NEF”). The filing party is therefore responsible for serving all sealed documents and attachments on opposing counsel by other means. A certificate of service must be included with every sealed filing and a copy of the NEF should be served with the sealed Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 2 SEALED CIVIL DOCUMENTS 2015 document. See L.R. 79-5.3 (eff. 12/1/15). Public Access A sealed document filed in CM/ECF cannot be viewed remotely on PACER or on the Clerk’s Office public terminals by anyone other than Court personnel, with one exception. The individual attorney who e-filed that sealed document will be able to access it, but no other CM/ECF users, even attorneys of record in the same case or for the same party, will be able to view the document. Available Events Only documents properly filed using specific sealed docket entries are SEALED upon submission. The events are located on the “Under Seal Filing Events” menu found under the “Under Seal Filings” heading on the CIVIL docketing menu. The following sealed civil events are available for your use: Leave for In Camera Review Leave to File Document Under Seal Sealed Declaration in Support Sealed Document Sealed Motion (Generic sealed motion type event) Sealed Opposition Sealed Reply Additional information and step-by-step filing instructions for each of these events is set forth below. When you file a document using the events listed above, you will have the ability to link or relate your motion, opposition, reply, or other sealed document to a previous docket entry. Clearly Label All Sealed Documents All sealed documents should be clearly marked as “FILED UNDER SEAL PURSUANT TO ORDER OF THE COURT DATED ______.” L.R. 79-5.2.2(c). Use Caution in Drafting Docket Entry Text When electronically filing a sealed document, remember, the DOCKET ENTRY can be viewed by the public, even though the attached DOCUMENT will be sealed. Mandatory Chambers Copies & Proposed Orders A Word Perfect or Microsoft Word version of the proposed order must be emailed to chambers as required by L.R. 5-4.4.2, and mandatory chambers copies of e-filed sealed documents must be provided to chambers pursuant to L.R. 5-4.5, just as with any e-filed documents. However, mandatory chambers copies must be provided in sealed envelopes, with a copy of the title page attached to the front of each envelope. L.R. 79-5.2.2(a). Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 3 SEALED CIVIL DOCUMENTS Filing a Redacted Document 2015 If you are required to file a redacted version of a document, only the portions of the document that are confidential should be redacted. Be sure to add the word REDACTED in the caption of the document and in the docket text of the entry. Problems Filing a Sealed Document If you cannot file a sealed document electronically due to a technical failure of CM/ECF, you must file it in paper pursuant to L.R. 5-4.6.2. The original and the judge’s copy of all such documents must be submitted for filing in separate sealed envelopes, with a copy of the title page attached to the front of each envelope. An additional copy must be provided in PDF format on a CD. L.R. 79-5.2. Red Screens During the docketing process for any of the events on the “Under Seal Filing Events” menu, the screen will eventually turn RED. This is the indication that you are using a sealed document event. If the screen does not turn red, STOP immediately. You will need to start your docket entry over to ensure you are using the proper sealed document event. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 4 SEALED CIVIL DOCUMENTS 2015 APPLICATION FOR LEAVE TO FILE UNDER SEAL: SCREEN‐BY‐SCREEN INSTRUCTIONS Electronically filing an Application for Leave to File Under Seal is a two-step process. Local Rule 79-5.2.2 requires that certain documents be filed with the Application: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of any documents proposed to be filed under seal. The rule specifies that the Application, the proposed order, and the redacted documents will be publicly viewable, while the declaration and the unredacted documents will not. Accordingly, you must file the Application, the proposed order, and any redacted documents using one, non-sealed, event (“Leave to File Under Seal”), and the declaration and unredacted documents using another, sealed event (“Sealed Declaration in Support”). Step-by-step instructions for each of those two steps are set forth below. STEP 1 Civil > Under Seal Filings > Under Seal Filing Events > Leave to File Document Under Seal 1. From the Civil Events Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 5 SEALED CIVIL DOCUMENTS 2015 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. 4. Select the “Leave to File Document Under Seal” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Application from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 6 SEALED CIVIL DOCUMENTS 2015 6. You will upload your PDF documents on the next screen. Under “Main Document,” click the “Browse” button, and a file upload box will appear. Navigate to your “Application for Leave to File Under Seal” and select the file, then click “Open.” 7. Under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your “Redacted Document” and “Proposed Order” are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” 8. Select “Application” for your moving document, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 7 SEALED CIVIL DOCUMENTS 2015 9. Review the REMINDER message on the next screen. If you are amending an existing Application for Leave to File Under Seal, please use the “Amendment (Motion related)” event located under “Responses, Replies and Other Motion Related Documents” on the main Civil Events Screen. If you use the “Leave to File Document Under Seal” event to file an amended version of an Application already on file, the system will create an unnecessary duplicate motion on the Judge’s calendar. Enter the filing party’s role in the “Party Role” field, and click “Next.” 10. Please note the warning message on the next screen: NO HEARING is required for this application, so DO NOT set a hearing date. Click “Next.” 11. As no hearing is required, leave the “Date” and “Time” fields blank, and click “Next” to bypass this screen. 12. Note the warning message on the following screen, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 8 SEALED CIVIL DOCUMENTS 2015 13. On the next screen, in the second free text field, enter the title of the document which you are seeking leave to file under seal. Remember that the docket entry text will be publicly visible, so do not include confidential information here. Click “Next.” 14. The next screen will display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button at that point will create an error. 15. The Notice of Electronic Filing will now be displayed. The docketing sequence for the first step of this two-step process (i.e., filing the Application and unsealed attachments) has been completed. You must now continue to the second step (filing the Declaration and sealed attachments) to complete the process. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 9 SEALED CIVIL DOCUMENTS 2015 STEP 2 Use this event to file a declaration required by either L.R. 79-5.2.2(a)(i) or L.R. 79-5.2.2(b)(i). Civil > Under Seal Filings > Under Seal Filing Events > Sealed Declaration in Support 1. Click “Civil” on the blue menu bar at the top of the screen to return to the Civil Events Screen. Under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. If needed, enter the case number in the “Civil Case Number” field, and click “Find This Case.” (If you continue to this step directly after completing Step 1, the case number should be pre-populated.) 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 10 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Declaration in Support” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Declaration from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” Click “Next” again on the following screen. 6. The next screen is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Declaration in Support again. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 11 SEALED CIVIL DOCUMENTS 2015 7. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload box will appear. Navigate to where you have saved your Declaration in Support of Application for Leave to File Under Seal, select the file, and click “Open.” 8. Under “Attachments,” click the “Browse” button, and a file upload screen will appear. Navigate to where your “Unredacted Document” is saved, and select “Open.” In the corresponding “Category” field, select “Unredacted Document” from the drop down list. Repeat if attaching multiple unredacted documents. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 12 SEALED CIVIL DOCUMENTS 2015 9. Note the message indicating that you will be required to link your Declaration to the Application for Leave to File Under Seal to which it relates. Click “Next.” 10. Select the correct Application for Leave to File Under Seal from the list presented, and click “Next.” 11. Review the REMINDER message regarding service on the next screen. Click “Next.” 12. Note the warning message on the following screen, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 13 SEALED CIVIL DOCUMENTS 2015 13. The final docket text will be displayed on the next screen. Click “Next.” 14. The next screen will again display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. 15. The Notice of Electronic Filing will now be displayed. The docketing sequence for both steps of this two-step process has been completed. 16. Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it, the sealed declaration, and the unredacted document on opposing counsel. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 14 SEALED CIVIL DOCUMENTS 2015 SEALED DOCUMENT: SCREEN‐BY‐SCREEN INSTRUCTIONS Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process. Civil > Under Seal Filings > Under Seal Filing Events > Sealed Document 1. From the Civil Events Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 15 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Document” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Sealed Document from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” 6. The next screen will present a question. Answer it, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 16 SEALED CIVIL DOCUMENTS 2015 7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order. 8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Document again. 9. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload screen will appear. Navigate to where your Sealed Document is saved and select the file, then click “Open.” 10. If you have additional documents to attach, under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 17 SEALED CIVIL DOCUMENTS 2015 11. The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal. First, however, you will be presented with the option to link this Sealed Document to another document previously filed in the case. For instance, if the Sealed Document being filed is an exhibit to a summary judgment motion, check the box indicating that the document should be linked to another document in the case. If the Sealed Document does not need to be linked to another document, leave the box unchecked, and click “Next” to bypass the linking screen. 12. If you checked the box and clicked “Next,” a linking screen will appear. Check the box next to the document to which you want to link the Sealed Document, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 18 SEALED CIVIL DOCUMENTS 2015 13. You must next link your Sealed Document to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.” 14. Review the REMINDER message regarding service on the next screen. Click “Next.” 15. Note the warning message on the following screen, and click “Next.” 16. On the next screen, enter the document caption in the free text field. Remember that this text will be publicly visible, so do not include confidential information here. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 19 SEALED CIVIL DOCUMENTS 2015 17. The next screen will display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. 18. Next, the Notice of Electronic Filing will be displayed. The docketing sequence has been completed. 19. Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 20 SEALED CIVIL DOCUMENTS 2015 Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel. EXAMPLE OF COMPLETED DOCKET ENTRY Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 21 SEALED CIVIL DOCUMENTS 2015 SEALED MOTION (GENERIC SEALED MOTION‐TYPE EVENT): SCREEN‐BY‐SCREEN INSTRUCTIONS Please note that this event can only be used to e-file a motion under seal if you have already obtained a court order granting leave to file that motion under seal. If you have not obtained such an order, you will not be able to complete the e-filing process. Civil > Under Seal Filings > Under Seal Filing Events > Sealed Motion (Generic sealed motion type event) 1. From the Civil Events Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 22 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Motion (Generic sealed motion type event)” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Sealed Motion from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” Click “Next” again on the following screen. 6. The next screen will present a question. Answer it, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 23 SEALED CIVIL DOCUMENTS 2015 7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order. 8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Motion again. 9. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload screen will appear. Navigate to where your Sealed Motion is saved and select the file, then click “Open.” 10. If you have additional documents to attach, under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 24 SEALED CIVIL DOCUMENTS 2015 11. The Sealed Motion you are filing must be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.” 12. Select the appropriate type for your moving document, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 25 SEALED CIVIL DOCUMENTS 2015 13. Enter the filing party’s role in the “Party Role” field, and click “Next.” 14. Enter the hearing information for the judge before whom the motion is noticed. 15. Review the REMINDER message regarding service on the next screen. Click “Next.” 16. Note the warning message on the following screen, and click “Next.” 17. On the next screen, enter the document caption in the second free text field. Remember that this text will be publicly visible, so do not include confidential information here. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 26 SEALED CIVIL DOCUMENTS 2015 18. The next screen will display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. 19. Next, the Notice of Electronic Filing will be displayed. The docketing sequence has been completed. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 27 SEALED CIVIL DOCUMENTS 2015 20. Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel. EXAMPLE OF COMPLETED DOCKET ENTRY Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 28 SEALED CIVIL DOCUMENTS 2015 SEALED OPPOSITION: SCREEN‐BY‐SCREEN INSTRUCTIONS Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process. Civil > Under Seal Filings > Under Seal Filing Events > Sealed Opposition 1. From the Civil Event Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 29 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Opposition” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Sealed Opposition from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” 6. The next screen will present a question. Answer it, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 30 SEALED CIVIL DOCUMENTS 2015 7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order. 8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. The next screen is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Opposition again. 9. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload screen will appear. Navigate to where your Sealed Opposition is saved and select the file, then click “Open.” 10. If you have additional documents to attach, under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 31 SEALED CIVIL DOCUMENTS 2015 11. As noted in the message on the next screen, you will need to link this Sealed Opposition to the motion or motions to which it relates. Click “Next.” 12. Link the Sealed Opposition to the correct motion, and click “Next.” 13. The Sealed Opposition you are filing must also be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 32 SEALED CIVIL DOCUMENTS 2015 14. Review the REMINDER message regarding service on the next screen. Click “Next.” 15. The final docket text will appear on the next screen. Click “Next.” 16. The next screen will again display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 33 SEALED CIVIL DOCUMENTS 2015 17. Next, the Notice of Electronic Filing will be displayed. The docketing sequence has been completed. 18. Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 34 SEALED CIVIL DOCUMENTS 2015 SEALED REPLY: SCREEN‐BY‐SCREEN INSTRUCTIONS Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process. Civil > Under Seal Filings > Under Seal Filing Events > Sealed Reply 1. From the Civil Events Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 35 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Reply” event from the list presented, and click “Next.” 5. Select the party filing the Sealed Reply from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” 6. The next screen will present a question. Answer it, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 36 SEALED CIVIL DOCUMENTS 2015 7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order. 8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Reply again. 9. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload screen will appear. Navigate to where your Sealed Reply is saved and select the file, then click “Open.” 10. If you have additional documents to attach, under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 37 SEALED CIVIL DOCUMENTS 2015 11. As noted in the message on the next screen, you will need to link this Sealed Reply to the motion or motions to which it relates. Click “Next.” 12. Link the Sealed Reply to the correct motion, and click “Next.” 13. The Sealed Reply you are filing must also be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 38 SEALED CIVIL DOCUMENTS 2015 14. Review the REMINDER message regarding service on the next screen. Click “Next.” 15. The final docket text will appear on the next screen. Click “Next.” 16. The next screen will again display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 39 SEALED CIVIL DOCUMENTS 2015 17. Next, the Notice of Electronic Filing will be displayed. The docketing sequence has been completed. 18. Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 40 SEALED CIVIL DOCUMENTS 2015 APPLICATION FOR LEAVE FOR IN CAMERA REVIEW: SCREEN‐BY‐SCREEN INSTRUCTIONS Remember that this event is NOT restricted. Your Application for Leave for In Camera Review will be publicly visible, so do not include confidential information, and do not attach the documents you wish the Court to review in camera. If your Application is granted, you will be responsible for delivering copies of the documents directly to the judge’s chambers, in accordance with the judge’s procedures. Civil > Under Seal Filings > Under Seal Filing Events > Leave For In Camera Review 1. From the Civil Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 41 SEALED CIVIL DOCUMENTS 2015 3. Ensure you are selecting the correct case in which to file your documents, and click “Next.” 4. Select the “Leave for In Camera Review” event from the list presented, and click “Next.” 5. Select the party filing the Application for Leave for In Camera Review from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 42 SEALED CIVIL DOCUMENTS 2015 6. You will upload your PDF documents on the next screen. Under “Main Document,” click the “Browse” button, and a file upload box will appear. Navigate to your “Application for Leave for In Camera Review” and select the file, then click “Open.” 7. If you have any additional documents to attach, click the “Browse” button under “Attachments,” and a file upload screen will appear. Individually navigate to the documents you want to attach, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” 8. Select “Application” for your moving document, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 43 SEALED CIVIL DOCUMENTS 2015 9. Review the REMINDER message on the next screen. If you are amending an existing Application for Leave for In Camera Review, please use the “Amendment (Motion related)” event located under “Responses, Replies and Other Motion Related Documents” on the main Civil Events page. If you use the “Leave for In Camera Review” event to file an amended version of an Application already on file, the system will create an unnecessary duplicate motion on the Judge’s calendar. Enter the filing party’s role in the “Party Role” field, and click “Next.” 10. Please note the warning message on the next screen: NO HEARING is required for this application, so DO NOT set a hearing date. Click “Next.” 11. As no hearing is required, leave the “Date” and “Time” fields blank, and click “Next” to bypass this screen. 12. Note the warning message on the following screen. The “Leave for In Camera Review” event is a public entry and is NOT RESTRICTED. Click “Next” once on this screen, and again on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 44 SEALED CIVIL DOCUMENTS 2015 13. The next screen will display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button at that point will create an error. 14. The Notice of Electronic Filing will now be displayed. The docketing sequence has been completed. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 45
=== DMG Under Seal Instruction - CRIMINAL CASES ONLY (Two Pages) ===
INSTRUCTIONS TO ATTORNEYS PROCEDURES FOR FILING UNDER SEAL DOCUMENTS IN CRIMINAL CASES REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND PROPOSED ORDER: Electronically file the application to seal and/or declaration giving notice or proof of service. During the electronic filing process, attach the proposed order to the application. See Local Rule 5-4.4.1. Proposed order shall have an alternative signature line in case it's denied: (Add an option below for return of documents) 1. Attorney shall retrieve the chambers copy of the document(s); or, 2. Clerk destroys the chambers copy of the document(s). After electronically filing the application and proof of service, send an email to the chambers email address at [email protected]., containing a PDF version of the application to seal, declaration giving notice or a proof of service, Word or WordPerfect version of the proposed order and a PDF version of the document(s) to be filed under seal. The subject line of the email should have the case number, including the words "UNDER SEAL REQUEST." A PDF file that is too large to send by email may be split into several smaller PDFs. Each document or sets of documents shall have a title page pursuant to Local Rule 11-3.8, and should only contain the materials to be filed under seal. For example, DO NOT email a PDF of exhibits 1-40 if only exhibits 5, 20 and 39 are to be filed under seal. Please note: If approved, the document itself will be sealed and not viewable by the public. However, the title that you insert on the caption of the sealed document will be viewable on the docket entry. For example, the public docket entry would read as follows: "Declaration of John Doe, Exhibit A." Therefore, you should be circumspect about the title of the document if that may reveal confidential information. Page 1 of 2 REQUEST TO SEAL THE APPLICATION, PROPOSED ORDER AND DOCUMENT(S): Electronically file a NOTICE Of MANUAL FILING indicating that an application to seal, declaration giving notice or proof of service, proposed order sealing and under seal documents have been submitted to the Court. Proposed order shall have an alternative signature line in case it's denied: (Add an option below for return of documents) 1. Attorney shall retrieve the chambers copy of the document(s); or, 2. Clerk destroys the chambers copy of the document(s). Send an email to the chambers email address at [email protected]., containing a PDF version of the application to seal, declaration giving notice or proof of service, Word or WordPerfect version of the proposed order and a PDF of the document to be filed under seal. The subject line of the email should have the case number, including the words "UNDER SEAL REQUEST." A PDF file that is too large to send by email may be split into several smaller PDFs. Each document or sets of documents shall have a title page pursuant to Local Rule 11-3.8, and should only contain the materials to be filed under seal. For example, DO NOT email a PDF of exhibits 1-40 if only exhibits 5, 20 and 39 are to be filed under seal. Please note: If approved, the document itself will be sealed and not viewable by the public. However, the title that you insert on the caption of the sealed document will be viewable on the docket entry. For example, the public docket entry would read as follows: "Declaration of John Doe, Exhibit A." Therefore, you should be circumspect about the title of the document if that may reveal confidential information. Page 2 of 2
=== Format Sample Statements of Genuine Disputed Facts ===
Statements of Genuine Disputes of Material Fact and Additional Material Facts: Preferred Formatting Examples Format Option A: Defendant’s Response to Plaintiff’s Statement of Genuine Disputes of Material Fact 1. 2. Defendant’s Uncontroverted Facts and Supporting Evidence Plaintiff’s Disputed Facts and Supporting Evidence Fact. Citation to evidence. Undisputed. Fact. Citation to evidence. Disputed. Citation to evidence. Defendant’s Response: Plaintiff’s evidence does not create a genuine dispute of fact. Citation to evidence. Defendant’s Response to Plaintiff’s Additional Material Facts Plaintiff’s Additional Material Fact Defendant’s Disputed Facts and Supporting Evidence 3. Fact. Citation to Evidence. Disputed. Citation to Evidence. Format Option B: Defendant’s Response to Plaintiff’s Statement of Genuine Disputes of Material Fact Defendant’s Uncontroverted Facts and Supporting Evidence Plaintiff’s Disputed Facts and Supporting Evidence Defendant’s Response 1. Fact. Citation to Undisputed. 1 2. 3. evidence. Fact. Citation to evidence. Disputed. Citation to evidence. Response. Citation to evidence. Defendant’s Response to Plaintiff’s Additional Material Facts Plaintiff’s Additional Material Fact Defendant’s Disputed Facts and Supporting Evidence Fact. Citation to Evidence. Disputed. Citation to Evidence. 2
Ask CiteLaw's AI Navigator anything about this judge practice, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.
