Motion for Protective Order

 

11 USC 107

FRBP 9037

General Order 14-0006

 

General Information:

 

It is the responsibility of filers to keep personal identifiers out of documents filed, which include not only initial case documentation like the petition and schedules but also any subsequent documents which become available electronically.

 

If it is discovered that documents have been filed that contain such information, a Motion to Remove Document Pursuant to Fed.R.Bankr.P. 9037 or Motion to Protective Order, as appropriate, can be used to request the Court to remove the document from public view. (The Court cannot redact a document once filed.)

 

Motion for Protective Order is only to be used if you are seeking to remove a document that was originally filed by another party. If you seek to remove a document that you yourself previously filed, use Motion to Remove Document Pursuant to Fed.R.Bankr.P. 9037.

 

Upon granting of the Motion, the Court will restrict access to the document named in the Motion, although the associated docket entry will remain visible to all users. The filer of the document to be hidden will need to file an amended version of that document with the personal identifiers removed.

 

 

Filing Requirements

 

 

 

Step by Step Instructions:

 

1. Log into CM/ECF

 

2. Select Bankruptcy > Motions, Applications & Briefs

 

3. Enter the case number (in the format xx-xxxxx) and click Next

 

4. Select Protective Order, Motion for from the event list and click Next

 

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

 

6. Check box if jointly filing with another attorney, click Next.

 

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next

 

NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

 

8. Select the party filer.  If the party is not listed, click on Add/Create New Party. Click Next

 

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

 

9. A message is displayed regarding use of the correct event. Click Next

 

10. Browse to select the Motion (pdf file).  Click Next

 

11. Select appropriate radio button and click Next

 

If you selected Yes (to indicate that you are seeking to hide a claim), a list of all claims filed on the case is displayed. Click on the claim that you are seeking to hide, then click on the Next button at the bottom of the page (you may need to scroll down to see this button). Note: If you have already filed an amended claim, this is the claim that will appear in the list. Select that amended claim - when the Court removes the document, they will ensure that the original claim, not the amended claim, is removed.

 

If you selected No (to indicate that you are seeking to hide any other type of document), you are asked under which rule/code section you are filing. Select the appropriate radio button, then click Next. Check the box next to the document which your Motion seeks to hide and click Next

 

12. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next

 

13. Select prefix text, if applicable, and click Next

 

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

 

14. Verify final docket text. If correct, click Next to submit and to review Notice of Electronic Filing.

 

 

Curing a Deficient Filing:

If the Motion is deficient: A new Motion, fixing deficient items, must be filed using the above procedure prior to the deficiency deadline or your original filing may be stricken by the Court.