1) Filing a CASE under Seal
a) Option A: If the attorney filing the case desires to keep the entire case, including the name, out of the electronic record, then this procedure should be followed:
i) File a Motion to Seal a Case non-electronically with wet signatures. The Chief Judge or designee is alerted to the filing and will consider and rule upon the motion.
ii) If the motion is granted, the case or miscellaneous matter is assigned a number. All pleadings thereafter must be filed non-electronically with wet signatures. The Clerk maintains the docket manually. If the motion is denied, the requesting attorney files the case or miscellaneous matter electronically. The Motion to Seal and Order are scanned by the Clerk and added to the docket.
b) Option B: If the attorney filing the case elects to have the case name and number public, but desires to have all pleadings sealed, OR if an attorney other than the filing party desires to have the case sealed, then this procedure should be followed:
i) File the case or miscellaneous matter electronically.
ii) File a Motion to Seal a Case electronically. That motion will be ruled upon by the Judge assigned to the case upon its filing.
iii) If the motion is granted, the case or miscellaneous matter is sealed immediately upon issuance of the order sealing the case. The case name and number, as well as the initial pleading, the Motion to Seal, and the Court’s Order, will remain on the docket and available for public viewing via the Court’s PACER System. All pleadings thereafter must be filed non-electronically with wet signatures. If a sealed case is later unsealed by Order of the Court, any or all of the documents previously filed in the case may also be unsealed and all non-electronically filed documents may then be scanned and docketed in CM/ECF.
2) Filing and Serving a Document in a CASE which is under Seal
Any attorney wishing to file a document in a case that has previously been sealed must do so non-electronically and with wet signatures. Any document filed non-electronically in a sealed case must be traditionally served upon opposing counsel or by using any approved method listed under Fed.R.Bankr.P. 7004.
3) Filing and Serving a Sealed Document in a Case which is NOT under Seal
Before submitting a sealed document, a Motion to Seal Document must be filed electronically and served as required by Fed.R.Bankr.P. 7004. If approved, the sealed documents to be filed in a case which is not under seal must be submitted non-electronically with wet signatures, sealed in an envelope. A paper copy of the complete order authorizing the sealed filing must be securely stapled to the envelope. An attorney cannot file a sealed document through CM/ECF. If the document filed under seal is a pleading, docket text generated by the Clerk will describe the document, and the description will be displayed on the Court's docket for public viewing. If the document filed under seal is not a pleading, no reference to it will appear on the docket: The Order Sealing Document should make clear what the document is.
4) Treatment of Documents Filed under Seal or in a Case Under Seal
Sealed documents and documents filed in a case under seal will not be scanned or in any way changed to electronic form. These documents will be retained by the Clerk in a secure location, with access restricted as determined by the Judge assigned to the matter.