In re: Under Seal

Filing 3

DOCKETING NOTICE issued Re: [1] case docketed , [999183217-2] case docketed Initial forms due within 14 days. Originating case number: 1:13-sw-00522-CMH-1,1:13-dm-00022-CMH-1.. [13-4625, 13-4626] (RW)

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
1100 East Main Street, Suite 501, Richmond, Virginia 23219

www.ca4.uscourts.gov
August 29, 2013
___________________
No. 13-4625 (L)
(1:13-sw-00522-CMH-1)
(1:13-dm-00022-CMH-1)
___________________

In re: UNDER SEAL
-----------------------------UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
UNDER SEAL
Party-in-Interest - Appellant
___________________________________________
DOCKETING NOTICE--CRIMINAL CASE
___________________________________________
TO: Counsel
ATTACHMENT(S): Memorandum on Sealed and Confidential Information
DUE DATE: 14 days from this notice

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This case has been placed on the court's docket under the above-referenced
number, which should be used on all documents filed in this case.
Counsel should review the above caption and promptly bring any necessary
corrections to the case manager's attention.
In consolidated cases, filings should be made using all case numbers to which
the filing applies, beginning with the lead case number.
Electronic filing is mandatory for counsel in all Fourth Circuit cases.
Information on obtaining an electronic filing account is available on the
court's Internet site.
In cases in which more than one attorney represents a party, future notices
will be sent only to attorneys who have entered an appearance as counsel of
record; other attorneys will be removed from the case.
Counsel must remove from documents filed with this court any social
security numbers, juvenile names, dates of birth, financial account numbers,
home addresses in criminal cases, and protected information regarding
unexecuted summonses, jurors, presentence investigations, statements of
reasons in criminal judgments, and substantial assistance agreements. Any
sealed material must be filed in accordance with the enclosed Memorandum
on Sealed and Confidential Material. The court does not seal its docket;
therefore, counsel must use sealed entries for all sealed filings.
Initial forms must be filed as directed in the following table of forms. The
forms, available through the links below or on the court's Internet site, can be
completed online and saved for filing in electronic form.

Form:

Required From:

Due:

Appearance of
Counsel

Counsel of record for any party to the appeal (If not
admitted to this court, counsel must complete and
submit an application for admission.)

Within 14 days of this
notice

Disclosure
Statement

All parties to a civil or bankruptcy case and all
corporate defendants in a criminal case (not required
from the United States, from indigent parties, or from
state or local governments in pro se cases)

Within 14 days of this
notice

Docketing
Statement

Appellant's counsel (not required after Rule 5 grant of
permission to appeal)

Within 14 days of this
notice

Transcript
Order

Appellant, only if ordering transcript

Attach to docketing
statement

CJA 24

Appellant, only if transcript is at court expense under
Criminal Justice Act

Attach to docketing
statement

I will be the case manager for this case. Please contact me at the number listed
below if you have any questions regarding your case.
RJ Warren, Deputy Clerk
804-916-2702

Memorandum on Sealed and Confidential Materials
Internet Availability of Docket & Documents: Fourth Circuit case dockets and documents are
available on the Internet via the Judiciary's PACER system (Public Access to Court Electronic
Records). The Fourth Circuit docket is available on the Internet even if the district court docket
was sealed. If a party's name was sealed in the district court, it should be replaced by "Under
Seal" or a pseudonym on appeal. Due to the electronic availability of court documents, the
federal rules prohibit including certain personal data identifiers in court filings. In addition,
parties should not include any data in their filings that they would not want on the Internet.
Counsel should advise their clients on this subject so that an informed decision can be made.
Responsibility rests with counsel and the parties, not with the clerk.
Federal Rules of Procedure: The federal rules of procedure require filers to redact any of the
following personal data identifiers (PDIs) if included in court filings: (1) social security and tax
ID numbers must be limited to last four digits; (2) minor children must be identified by their
initials only; (3) dates of birth must show the year only; (4) financial account numbers must be
limited to the last four digits only; and (5) home addresses in criminal cases must be limited to
city and state only. The federal rules establish limited exceptions to these redaction requirements.
See Fed. R. Civ. P. 5.2; Fed. R. Crim. P. 49.1; Fed. R. Bankr. P. 9037.
Judicial Conference Privacy Policy: In addition, the Privacy Policy for Electronic Case Files
prohibits filers from including any of the following criminal documents in the public file: (1)
unexecuted summonses or warrants; (2) bail or presentence reports; (3) statement of reasons in
judgment of conviction; (4) juvenile records; (5) identifying information about jurors or potential
jurors; (6) CJA financial affidavits; (7) ex parte requests to authorize CJA services and (8) any
sealed documents, such as motions for downward departure for substantial assistance, plea
agreements indicating cooperation, or victim statements.
Local Rule 25(c): Local Rule 25(c) limits the sealing of documents by requiring that sealed
record material be separated from unsealed material and placed in a sealed volume of the
appendix and by requiring the filing of both sealed, highlighted versions and public, redacted
versions of briefs and other documents. Since the ECF events for sealed filings make the
documents accessible only to the court, counsel must serve sealed documents on the other parties
in paper form.
Sealed Volume of Appendix: If sealed record material needs to be included in the appendix, it
must be placed in a separate, sealed volume of the appendix and filed with a certificate of
confidentiality. In consolidated criminal cases in which presentence reports are being filed for
multiple defendants, each presentence report must be placed in a separate, sealed volume served
only on Government counsel and counsel for the defendant who is the subject of the report.
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Use ECF event-SEALED APPENDIX to file sealed electronic appendix volume(s) and to
indicate that four sealed paper volumes have been sent to the court. Cover of sealed appendix
volume must be marked SEALED, and paper copies must be placed in envelopes marked
SEALED. Sealed volume must be served on other parties in paper form.

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Use ECF event-Certificate of confidentiality to identify authority for treating material as
sealed and to identify who may have access to sealed material. Four paper copies of certificate
of confidentiality must accompany the four paper copies of the sealed appendix filed with the
court..
Use ECF event-APPENDIX to file public electronic appendix volumes(s) and to indicate that
six public paper volumes have been sent to the court (five if counsel is court appointed). Paper
copies of public volumes of appendix do not need to be served on other parties if they were
served with full public appendix in electronic form.

Sealed Version of Brief: If sealed material needs to be referenced in a brief, counsel must file
both a sealed, highlighted version of the brief and a public, redacted version of the brief, as
well as a certificate of confidentiality.
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Use ECF event-SEALED BRIEF to file sealed electronic version of brief in which sealed
material has been highlighted and to indicate that four sealed paper copies have been sent to
the court. Cover of sealed brief must be marked SEALED, and paper copies must be placed in
envelopes marked SEALED. Sealed version must be served on other parties in paper form.
Use ECF event-Certificate of confidentiality to identify authority for treating material as
sealed and to identify who may have access to sealed material. Four paper copies of certificate
of confidentiality must accompany the four paper copies of the sealed brief filed with the
court.
Use ECF event-BRIEF to file public electronic version of brief from which sealed material
has been redacted and to indicate that eight paper copies have been sent to the court (six if
counsel is court appointed). Paper copies of public brief do not need to be served on other
parties.

Sealed Version of Motions and Other Documents: If sealed material needs to be referenced in
a motion or other document, counsel must file both a sealed, highlighted version and a public,
redacted version, as well as a certificate of confidentiality.
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Use ECF event-SEALED DOCUMENT to file sealed electronic version of document in
which sealed material has been highlighted. First page of document must be marked
SEALED. No paper copies need be filed, but other parties must be served in paper form.
Use ECF event-Certificate of confidentiality to identify authority for treating material as
sealed and to identify who may have access to sealed material.
Use the appropriate ECF event (e.g., MOTION or RESPONSE/ANSWER) to file public
electronic version of document from which sealed material has been redacted. No paper
copies of public document are needed for filing or service.

Motions to Seal: If counsel believes it is necessary to seal the entire document and that it is not
possible to create a public, redacted version of the document, counsel may file a motion to seal
the entire document. The motion to seal must appear on the public docket for five days;
therefore, counsel must file both a sealed, highlighted version of the motion to seal (along with
a certificate of confidentiality) and a public, redacted version of the motion to seal. The motion
to seal must explain why it is necessary to seal the entire document and why a it is not possible to
prepare a public, redacted version of the document.