Guidelines for Confidentiality Orders in
Civil Cases Pending Before Chief Judge Scott L. Palk
A request for entry of a protective order directed to the confidentiality of documents
produced in discovery in civil cases should comply with the following:
1. The parties should be mindful of the concerns noted in Coker v. Hartford Life
Group Ins. Co., Case No. CIV-06-0911-HE (W.D. Okla. Feb. 21, 2007) (Doc. #22 - order
denying joint motion for protective order).
2. The proposed order should demonstrate the parties’ agreement to comply
with Rule 5.2 of the Federal Rules of Civil Procedure, the Court’s ECF Policies &
Procedures Manual, and any governing General Order of the Western District of
Oklahoma.
3. The following sample language is preferred:
This Order extends leave of court to electronically file under seal any
document or information that has been designated “Confidential” as an
exhibit to any pleading, brief or other court filing. Pursuant to Section II.H.1.
of the ECF Policies & Procedures Manual, only those portions of a
document that must be filed under seal should be electronically filed under
seal. If, however, a party files a brief, pleading or other court filing which
contains substantial argument or information related to that information
which has been designated “Confidential,” that party may either:
a. redact all such personal identifier information,
“Confidential” information, or reference to information
which has been designated “Confidential,” and file a
separate, unredacted, version of the brief under seal in
accordance with Rule 5.2 of the Federal Rules of Civil
Procedure and Section II.H.2. of the ECF Policies &
Procedures Manual; or
b. that party may, by separate motion, seek leave of court
to file the entire brief, pleading or other court filing
under seal.
4. The parties should define the information to be kept confidential as narrowly
as reasonably practical in the circumstances of the case. Categories of information to be
treated as confidential should be specifically stated, not described with phrases such as
“including but not limited to” or “anything designated by a party in good faith.”
5. A party should minimize the nature and amount of information filed under
seal. Where confidential information is mentioned in or attached to a pleading or brief, the
confidential information should ordinarily be redacted from the filed pleading or brief and
an unredacted copy of it filed under seal. See generally, ECF Policies and Procedures
Manual, § II.H.
6. The parties’ proposed order should not attempt to control the use of
confidential documents at court hearings or trial of the case. Decisions in that regard will
be made by the court at the time.
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