Opinion

Calhoun v. Google LLC

Court
District Court, N.D. California
Filed
May 25, 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 ON MOTIONS TO SEAL

6 v.

Re: Dkt. Nos. 186, 188

7 GOOGLE LLC,

8 Defendant.

9 Now before the Court are Google’s Administrative Motions to File Documents Under Seal

10 (Dkt. 186, 188) seeking to seal portions of the parties’ May 11, 2021 and May 12, 2021 Joint

11 Discovery Letter Briefs (Dkt. 187, 189).

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

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

14 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc., 435 U.S. 589, 597 & n.7

15 (1978)). A request to seal court records therefore starts with a “strong presumption in favor of

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

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

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

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

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

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

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

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

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

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Rule 79-5.

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

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

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

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

3 Court ORDERS as follows:

4

5 Court’s Ruling

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

6 Sealed Seal

Joint Letter Brief re Additional GRANTED as to Narrowly tailored to protect

7 Google ESI Custodians (Dkt. 187) redacted portions at confidential and proprietary

3:15, 6:8, 6:10 information regarding Google

8

employees and their roles and

9 responsibilities within Google as

they relate to internal, proprietary

10 Google services.

Exhibit C (Dkt. 187-3) GRANTED as to Narrowly tailored to protect

11 redacted portions at confidential and proprietary

pp. 1, 2 information regarding Google

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employees and their roles and

13 responsibilities within Google as

they relate to internal, proprietary

14 Google services.

Joint Letter Brief re Additional GRANTED as to Narrowly tailored to protect

15

30(b)(6) Deposition (Dkt. 189) redacted portions at highly confidential and

16 1:4-5, 1:19, 1:20- proprietary information regarding

22, 1:23-24, 1:25, Google’s internal systems and

17 2:3, 2:4, 2:5, 2:9, operations, including details

2:25, 2:26, 2:27, related to the various types of

18 4:11-12, 4:15-16, identifiers/cookies Google uses

4:25-27, 5:2-3, 5:4, internally and their proprietary

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5:9, 5:10, 5:12-14, functions, the various types of

20 5:15-16 data logs maintained by Google,

including the information

21 contained in those log and the

cost in man-hours to properly

22 separate out the requested data,

and the role and responsibilities

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of its employee as they relate to

24 internal, proprietary Google

services.

25 Exhibit A (Dkt. 189-1) GRANTED as to Narrowly tailored to protect

redacted portions at highly confidential and

26 2:8-9, 2:12, 2:13, proprietary information regarding

2:17, 3:2-3 Google’s internal systems and

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operations, including details

1 identifiers / cookies Google uses

internally and their proprietary

> functions.

Exhibit B (Dkt. 189-2) DENIED Google has submitted two

3 WITHOUT unredacted versions of Exhibit B

PREJUDICE (Dkt. 188-8 and 188-9, i.e.,

4 Exhibits F and G to the

5 Declaration of Viola Trebicka

submitted in support of Google’s

6 motion to seal) with different

proposed redactions. The

7 declaration does not describe or

explain Exhibits F and G. Within

8 7 days of the date of this order,

9 Google must file either (1)

corrected proposed redacted and

10 unredacted versions of Exhibit B

along with a proposed order; or

11 (2) an explanation of the existing

unredacted versions of Exhibit B

(1 (Dkt. 188-8 and 188-9).

SO ORDERED.

14 || Dated: May 25, 2021

16 Seesom yar

17 SUSAN VAN KEULEN

United States Magistrate Judge

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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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