PROTECTIVE ORDERS; FILING OF DOCUMENTS UNDER SEAL
Any party moving for entry of a protective order by Judge Mitchell pursuant
to Federal Rule of Civil Procedure 26(c) must abide by the following guidelines.
Judge Mitchell will not sign a protective order that allows counsel, in their
discretion, to decide which matters are to be deemed confidential. The proposed order
must specify the categories of documents or other matters which may be subject to
the order (e.g., personnel files, medical information, confidential financial matters,
etc.). The motion for protective order must set forth why confidentiality is necessary
as to each such category.
Judge Mitchell will not sign a protective order that provides that items
designated by a party as confidential may, for that reason, be filed with the court
under seal. Rather, any protective order that contemplates under-seal filing must
provide that no documents may be filed under seal absent a motion, filed and noticed
for hearing prior to the due date of the particular filing, showing good cause for
sealing a portion of the record in the case. The mere fact that information has been
designated as confidential by a party is insufficient to permit under-seal filing. A
party seeking to file material under seal must set forth in its motion the reasons why
the record should be sealed.
Issuance of a protective order will not be given binding effect as a
determination of good cause for Rule 26(c) purposes if, at any future time, a party
moves for relief from the protective order's limitations. If such a motion is made, the
court will engage in an appropriate balancing of the interests between privacy and
public access to make a new determination of good cause in light of the facts then
before the court.
A sample protective order will be provided by the Courtroom Deputy upon
request.
