Opinion

Calhoun v. Google LLC

Court
District Court, N.D. California
Filed
Mar 5, 2021
Cited by
0 cases
Authority
More cited than 18.7%

The opinion

1 UNITED STATES DISTRICT COURT

2 NORTHERN DISTRICT OF CALIFORNIA

3

4 PATRICK CALHOUN, et al., Case No. 20-cv-05146-LHK (SVK)

5 Plaintiffs, ORDER GRANTING IN PART AND

DENYING WITHOUT PREJUDICE IN

6 v. PART MOTIONS TO SEAL

7 GOOGLE LLC, Re: Dkt. Nos. 101, 108, 117, 119

8 Defendant.

9 Now before the Court are the parties’ Administrative Motions to File Documents Under

10 Seal (Dkt. 101, 108, 117, and 119) seeking to seal certain materials submitted to the Court in

11 connection with the parties’ joint letter brief and subsequent briefing on Google’s motion for a

12 protective order (Dkt. 102, 109, 118, and 120).

13 Courts recognize a “general right to inspect and copy public records and documents,

14 including judicial records and documents.” Kamakana v. City & Cnty. Of Honolulu, 447 F.3d

15 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc., 435 U.S. 589, 597 & n.7

16 (1978)). A request to seal court records therefore starts with a “strong presumption in favor of

access.” Kamakana, 447 F.3d at 1178 (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d

17

1122, 1135 (9th Cir. 2003)). The standard for overcoming the presumption of public access to

18

court records depends on the purpose for which the records are filed with the court. A party

19

seeking to seal court records relating to motions that are “more than tangentially related to the

20

underlying cause of action” must demonstrate “compelling reasons” that support secrecy. Ctr. For

21

Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016). For records attached to

22

motions that re “not related, or only tangentially related, to the merits of the case,” the lower

23

“good cause” standard of Rule 26(c) applies. Id.; see also Kamakana, 447 F.3d at 1179. A party

24

moving to seal court records must also comply with the procedures established by Civil Local

25

Rule 79-5.

26

Here, the “good cause” standard applies because the information the parties seek to seal

27

was submitted to the Court in connection with a discovery-related motion, rather than a motion

1 that concerns the merits of the case. The Court may reach different conclusions regarding sealing

2 these documents under different standards or in a different context. Having considered the

3 motions to seal, supporting declarations, and the pleadings on file, and good cause appearing, the

4 Court ORDERS as follows:

5

6 Court’s Ruling

Document Sought to be on Motion to Reason(s) for Court’s Ruling

7 Sealed Seal

Joint Letter Brief Regarding Dispute GRANTED as to Narrowly tailored to protect

8 Concerning Google’s Motion for redacted portions at confidential technical information

Protective Order 1:2-5, 1:26-2:2, 2:7-9, regarding the operation of Google’s

9

5:9 products, including the volume of

10 data collected in certain log files and

retention periods applicable thereto.

11 Joint Letter Brief Regarding Dispute GRANTED as to Narrowly tailored to protect

Concerning Google’s Motion for redacted portions at confidential technical information

12 Protective Order 2:11-15, 3:7-8, 3:12- regarding the operation of Google’s

13, 4:26-28 products, including the nature of the

13

data contained in certain log files.

14 Google’s Motion for a Protective DENIED WITHOUT The Proposed Order (Dkt. 108-2)

Order PREJUDICE does not identify the page and line

15 number of the redacted information

sought to be sealed. See Civil L.R.

16

79-5(d)(1)(B) (requiring that

proposed order “lists in table format

17

each document or portion thereof

18 that is sought to be sealed”). Google

may submit a corrected proposed

19 order with the missing information

within 7 days of the date of this

20

order.

21 Declaration of Andre Golueke DENIED WITHOUT The Proposed Order (Dkt. 108-2)

PREJUDICE does not identify the page and line

22 number of the redacted information

sought to be sealed. See Civil L.R.

23 79-5(d)(1)(B) (requiring that

proposed order “lists in table format

24

each document or portion thereof

25 that is sought to be sealed”). Google

may submit a corrected proposed

26 order with the missing information

within 7 days of the date of this

27 order.

Plaintiffs’ Opposition to Google’s DENIED WITHOUT The Trebicka Declaration (Dkt. 122)

1

Motion for a Protective Order PREJUDICE filed in support of the motion to seal

2 appears to seek sealing of a subset of

information identified in Plaintiffs’

3 proposed order (Dkt. 117-2) but

Google does not submit an

4 alternative proposed order that

identifies the page and line number

5

of the redacted information sought to

6 be sealed. See Civil L.R. 79-

5(d)(1)(B) (requiring that proposed

7 order “lists in table format each

document or portion thereof that is

8 sought to be sealed”). Google may

submit a corrected proposed order

9

with the missing information within

10 7 days of the date of this order.

Declaration of Lesley Weaver in DENIED WITHOUT The Trebicka Declaration (Dkt. 122)

11 Support of Plaintiffs’ Opposition to PREJUDICE filed in support of the motion to seal

Google’s Motion for a Protective appears to seek sealing of a subset of

12 Order information identified in Plaintiffs’

proposed order (Dkt. 117-2) but

13

Google does not submit an

14 alternative proposed order that

identifies the page and line number

15 of the redacted information sought to

be sealed. See Civil L.R. 79-

16

5(d)(1)(B) (requiring that proposed

17 order “lists in table format each

document or portion thereof that is

18 sought to be sealed”). Google may

submit a corrected proposed order

19 with the missing information within

7 days of the date of this order.

20

Exhibit A to the Declaration of Lesley DENIED WITHOUT The Trebicka Declaration (Dkt. 122)

21 Weaver in Support of Plaintiffs’ PREJUDICE filed in support of the motion to seal

Opposition to Google’s Motion for a appears to seek sealing of a subset of

22 Protective Order information identified in Plaintiffs’

proposed order (Dkt. 117-2) but

23 Google does not submit an

alternative proposed order that

24

identifies the page and line number

25 of the redacted information sought to

be sealed. See Civil L.R. 79-

26 5(d)(1)(B) (requiring that proposed

order “lists in table format each

27 document or portion thereof that is

With the missing information within

2 7 days of the date of this order.

Declaration of Dr. Matthew Green in [DENIED WITHOUT |The Trebicka Declaration (Dkt. 122)

3 Support of Plaintiffs’ Opposition to PREJUDICE filed in support of the motion to seal

Google’s Motion for a Protective appears to seek sealing of a subset of

4 Order information identified in Plaintiffs’

5 proposed order (Dkt. 117-2) but

Google does not submit an

6 alternative proposed order that

identifies the page and line number

7 of the redacted information sought to

be sealed. See Civil L.R. 79-

8 5(d)(1)(B) (requiring that proposed

9 order “lists in table format each

document or portion thereof that is

10 sought to be sealed”). Google may

submit a corrected proposed order

11 with the missing information within

7 days of the date of this order..

12 Google’s Reply in Support of Motion [DENIED WITHOUT |The proposed order (Dkt. 119-2)

13 for a Protective Order PREJUDICE does not identify the page and line

number of the redacted information

v 14 sought to be sealed. See Civil L.R.

79-5(d)(1)(B) (requiring that

15 proposed order “lists in table format

2 each document or portion thereof

a 16 that is sought to be sealed”). Google

17 may submit a corrected proposed

5 order with the missing information

Z 18 within 7 days of the date of this

order.

19

The documents or portions thereof as to which the Court has denied the motions to seal

20

without prejudice shall remain under seal until the Court’s ruling with respect to Google’s

21

submission of a corrected proposed order as outlined above or until expiration of the deadline to

22

submit such a corrected proposed order if none is filed.

23

SO ORDERED.

24

Dated: March 5, 2021

25

26 Suse veut

27 SUSAN VAN KEULEN

28 United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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