The opinion
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4 UNITED STATES DISTRICT COURT
5 NORTHERN DISTRICT OF CALIFORNIA
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7 PATRICK CALHOUN, et al., Case No. 20-cv-05146-LHK (SVK)
8 Plaintiffs,
ORDER ON ADMINISTRATIVE
9 v. MOTION TO FILE UNDER SEAL
PORTIONS OF THE JUNE 2, 2021
10 GOOGLE LLC, DISCOVERY HEARING TRANSCRIPT
11 Defendant. Re: Dkt. No. 221
12 Now before the Court is the Parties’ joint submission (Dkt. 221), in which Google requests
13 that the Court seal portions of the transcript of the June 2, 2021 discovery hearing.
14 Courts recognize a “general right to inspect and copy public records and documents,
15 including judicial records and documents.” Kamakana v. City & Cnty. Of Honolulu, 447 F.3d
16 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc., 435 U.S. 589, 597 & n.7
17 (1978)). A request to seal court records therefore starts with a “strong presumption in favor of
18 access.” Kamakana, 447 F.3d at 1178 (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d
19 1122, 1135 (9th Cir. 2003)). The standard for overcoming the presumption of public access to
20 court records depends on the purpose for which the records are filed with the court. A party
21 seeking to seal court records relating to motions that are “more than tangentially related to the
22 underlying cause of action” must demonstrate “compelling reasons” that support secrecy. Ctr. For
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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1 Here, the “good cause” standard applies because the information the parties seek to seal
2 || was submitted to the Court in connection with a discovery-related motion, rather than a motion
3 || that concerns the merits of the case. The Court may reach different conclusions regarding sealing
4 || these documents under different standards or in a different context. Having considered the
5 motions to seal, supporting declarations, and the pleadings on file, and good cause appearing, the
6 || Court ORDERS as follows:
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8 Court’s Ruling
poe a on Motion to Reason(s) for Court’s Ruling
9 ealed Seal
June 2, 2021 Discovery Hearing GRANTED as to Narrowly tailored to protect
10 Transcript redacted portions at | confidential technical information
13:2, 13:8-11, regarding Google’s internal
aT systems and operations, including
12 37-15-20, 37-22-24 details related to the various
38:2-5.46-3-11. __ | types of identifiers/cookies
13 46:17. Google uses internally and their
proprietary functions
© SO ORDERED.
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Dated: June 21, 2021
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vo
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Stason yoru
Z 18 SUSAN VAN KEULEN
19 United States Magistrate Judge
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