Model Language Addressing Motions To Seal Material In Proposed Protective Orders

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If any motions or other papers to be filed with the Court incorporate materials designated as “Confidential,” or “Confidential—Attorneys’ Eyes Only,” the party filing the papers must move to seal the designated materials under E.D. Mich. LR 5.3.

The movant must comply with Rule 5.3(b)(3)(v) and (vi) for filing redacted and unredacted versions of the designated materials. If the movant is the party who has designated the documents as “Confidential,” or “Confidential—Attorneys’ Eyes Only,” the movant’s brief must either (1) show that the designated material may be sealed by statute or rule under Rule 5.3(a), or (2) provide, “for each proposed sealed exhibit or document, a detailed analysis, with supporting evidence and legal citations, demonstrating that the request to seal satisfies controlling legal authority.” Rule 5.3(b)(3)(iv).

If the movant is not the party who designated the materials as “Confidential,” or “Confidential—Attorneys’ Eyes Only,” the party who made those designations must timely file a response brief making those showings, and the movant may object to the filing of the documents under seal in its timely filed reply brief. The deadlines for the response brief and reply brief are as set forth in E.D. Mich. LR 7.1(e).