The party prevailing on any such motion is entitled to recover

as motion costs its actual attorney fees and costs attributable to the motion. (3) At the conclusion of the litigation, all material not received in evidence and treated as confidential under this Rule must be returned to the originating party. If the parties so stipulated, the material may be destroyed. (f) Filing Papers Under Seal.

A party seeking to file a paper under seal must follow the procedure set forth in General L. R. 79(d). This includes the filing of information covered by a protective order. 36 Committee Comment: The provisions of Civil L. R. 26 do not apply to actions for review on an administrative record. The Committee members disagreed on the question of whether Civil L. R. 26(b)(1)(A) should require a written report from a treating physician who regularly gives expert testimony for the physician’s employer in other contexts.

The disclosure obligations relating to witnesses who may be used to present evidence under Fed. R. Evid. 702, 703 or 704, but have not been retained or specially employed to provide expert testimony, or whose duties as the party’s employee do not regularly involve giving expert testimony, should be discussed at the Rule 16 conference. Practitioners should review Banister v. Burton, 636 F.3d 828 (7th Cir. 2011) and related cases regarding treating physicians. The designation of a paper as confidential under the terms of a protective order is not sufficient to establish the basis for filing that document under seal.

The party seeking to withhold the document from the public record must file a motion to seal in accordance with General L. R. 79(d).