The opinion
1
2
3
4 UNITED STATES DISTRICT COURT
5 NORTHERN DISTRICT OF CALIFORNIA
6
7 CHASOM BROWN, et al., Case No. 20-cv-03664-LHK (SVK)
8 Plaintiffs,
ORDER ON ADMINISTRATIVE
9 v. MOTIONS TO FILE UNDER SEAL
10 GOOGLE LLC, Re: Dkt. Nos. 198, 204, 210, 217, 228, 229
11 Defendant.
12 Before the Court are several administrative motions to file under seal materials submitted
13 in connection with discovery disputes in this case. Dkt. Nos. 198, 204, 210, 217, 228, 229; see
14 also Dkt. 203.
15 Courts recognize a “general right to inspect and copy public records and documents,
16 including judicial records and documents.” Kamakana v. City & Cnty. Of Honolulu, 447 F.3d
17 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc., 435 U.S. 589, 597 & n.7
18 (1978)). A request to seal court records therefore starts with a “strong presumption in favor of
19 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
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
23
Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016). For records attached to
24
motions that re “not related, or only tangentially related, to the merits of the case,” the lower
25
“good cause” standard of Rule 26(c) applies. Id.; see also Kamakana, 447 F.3d at 1179. A party
26
moving to seal court records must also comply with the procedures established by Civil Local
27
1 Here, the “good cause” standard applies because the information the parties seek to seal
2 was submitted to the Court in connection with discovery-related motions, rather than a motion that
3 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:
7 1. ECF 198
8
9 Court’s Ruling
Document Sought to be on Motion to Reason(s) for Court’s Ruling
10 Sealed Seal
GRANTED as to Narrowly tailored to protect
11 Plaintiffs’ Motion to Compel redacted portions at: confidential technical information
regarding Dispute P3 regarding features of Google’s
12
Page 1, lines 16 operations and consumer data,
13 Page 2, lines 17 including the various types of
Page 3, lines 4, 7, 9- Google’s internal identifiers/cookies
14 10, 19-24, 28 and their proprietary functions, the
Page 4, lines 1-3 various types of logs maintained by
15 Page 6, lines 6-11, 28 Google, and information contained
Page 7, lines 1-2 in those logs, that Google maintains
16
Page 8, lines 1, 28 as confidential in the ordinary course
17 Page 9, lines 1 of its business and is not generally
known to the public or Google’s
18 competitors.
19 GRANTED as to Narrowly tailored to protect
Declaration of John A. Yanchunis In redacted portions at: confidential technical information
20 Support Of Plaintiffs’ Motion To Page 1, lines 8-10, regarding features of Google’s
21 Compel regarding Dispute P3 13-14 operations and consumer data,
Page 2, lines 12-13 including the various types of
22 Google’s internal identifiers/cookies
and their proprietary functions, that
23
Google maintains as confidential in
the ordinary course of its business
24
and is not generally known to the
25 public or Google’s competitors.
26 GRANTED as to the Contains confidential technical
Exhibit 1 to the Declaration of John document in its information regarding features of
27 A. Yanchunis entirety Google’s operations and consumer
data storage infrastructure, that
1
Google maintains as confidential in
2 the ordinary course of its business
and is not generally known to the
3 public or Google’s competitors.
GRANTED as to the Contains confidential technical
4 Exhibit 2 to the Declaration of John document in its information regarding features of
A. Yanchunis entirety Google’s operations and consumer
5
data, including the Google’s internal
6 identifiers/cookies, that Google
maintains as confidential in the
7 ordinary course of its business and is
not generally known to the public or
8 Google’s competitors.
9
GRANTED as to Narrowly tailored to protect
10 Exhibit 3 to the Declaration of John redacted portions at: confidential technical information
A. Yanchunis regarding features of Google’s
11 Pages 2-3 operations and consumer data,
including the various types of
12
Google’s internal identifiers/cookies
and their proprietary functions, that
13
Google maintains as confidential in
14 the ordinary course of its business
and is not generally known to the
15 public or Google’s competitors.
16
GRANTED as to Narrowly tailored to protect
17 Exhibit 4 to the Declaration of John redacted portions at: confidential technical information
A. Yanchunis regarding features of Google’s
Page 6, line 1, 17, 22
18 operations and consumer data,
including the various types of
19 Google’s internal identifiers/cookies
and their proprietary functions, that
20
Google maintains as confidential in
21 the ordinary course of its business
and is not generally known to the
22 public or Google’s competitors.
23 GRANTED as to the Contains confidential technical
Exhibit 5 to the Declaration of John document in its information regarding features of
24 A. Yanchunis entirety Google’s operations and consumer
25 data, including the various types of
Google’s internal identifiers/cookies
26 and their proprietary functions, the
various types of logs maintained by
27 Google, and information contained
as confidential in the ordinary course
1
of its business and is not generally
2 known to the public or Google’s
competitors.
3
GRANTED as to the Contains confidential technical
4 Exhibit 6 to the Declaration of John document in its information regarding features of
A. Yanchunis: entirety Google’s operations and consumer
5
data, including the various types of
6 Google’s internal identifiers/cookies
and their proprietary functions, that
7 Google maintains as confidential in
the ordinary course of its business
8 and is not generally known to the
public or Google’s competitors.
9
10 GRANTED as to Narrowly tailored to protect
Exhibit 7 to the Declaration of John redacted portions at: confidential technical information
11 A. Yanchunis regarding features of Google’s
Pages 1, 2, 3
operations and consumer data,
12
including the various types of
Google’s internal identifiers/cookies
13
and their proprietary functions, that
14 Google maintains as confidential in
the ordinary course of its business
15 and is not generally known to the
public or Google’s competitors.
16
17 GRANTED as to the Contains confidential technical
Exhibit 8 to the Declaration of John document in its information regarding features of
18 A. Yanchunis entirety Google’s operations and consumer
data, including the various types of
19 logs maintained by Google and
retention periods applicable thereto,
20
that Google maintains as
21 confidential in the ordinary course of
its business and is not generally
22 known to the public or Google’s
competitors.
23
GRANTED as to Narrowly tailored to protect
24 Proposed Order redacted portions at: confidential technical information
25 Page 1, lines 18-19 regarding features of Google’s
operations and consumer data,
26 including the various types of
Google’s internal identifiers/cookies.
27
2. ECF 204
1
2
Court’s
Document Sought to be Reason(s) for Court’s Ruling
3 Sealed Ruling on
Motion to
4 Seal
Joint Submission Re: Nominations GRANTED
5 for a Special Master and Proposed Protect individual privacy
Orders interests.
6 Exhibit A-1 to A-5 GRANTED Protect individual privacy
interests.
7
3. ECF 210
8
9
Court’s Ruling
10 Document Sought to be on Motion to Reason(s) for Court’s Ruling
Sealed Seal
11 Opposition To Plaintiffs’ Motion GRANTED as to Narrowly tailored to protect
To Compel Regarding Dispute P3 redacted portions at: confidential technical information
12
regarding features of Google’s
13 Page 4, lines 1, 3, 8- operations and consumer data,
11, 14-21, 23-24, including the various types of
14 27-28 Google’s internal
identifiers/cookies and their
15
Page 5, lines 6-7, proprietary functions, that Google
16 10, 13-16 maintains as confidential in the
ordinary course of its business and
17 Page 6, lines 22 is not generally known to the
public or Google’s competitors.
18 Page 7, lines 20-21
19
Page 8, lines 9, 11-
20 12, 14-15
Ex. 1, Google’s May 24, 2021 GRANTED as to Narrowly tailored to protect
21 Responses and Objections to redacted portions at: confidential technical information
Plaintiffs’ Notice of Rule 30(b)(6) regarding features of Google’s
22 Deposition Page 4, lines 21-22, operations and consumer data,
26 including the various types of
23
Google’s internal
24 Page 8, lines 10-11 identifiers/cookies and their
proprietary functions, that Google
25 Page 9, line 9 maintains as confidential in the
ordinary course of its business and
26 is not generally known to the
public or Google’s competitors.
27
4. ECF 217
1
2
Court’s Ruling
3 Document Sought to be on Motion to Reason(s) for Court’s Ruling
Sealed Seal
4 Joint Letter Brief re: Dispute P16 GRANTED as Narrowly tailored to protect
to redacted confidential information regarding
5 portions at page features of Google’s internal systems
6 4 at lines 19, 21, and operations, including details
25-26, 27-28; related to internal identifiers and
7 page 5 at lines various data logs maintained by
4-5, 9-14, 22-23; Google, as well as Google’s internal
8 page 7 at lines practices with regard to the X-
23-25, 26-28; Client-Data Header and its
9
page 8 at lines proprietary functions, that Google
10 27-28; page 9 at maintains as confidential in the
lines 1-2, 3, 5-7, ordinary course of its business and is
11 8, 9, 10, 11, 12, not generally known to the public or
13-14, 22-23, Google’s competitors.
12
25; and page 10
13 at line 1
14 5. ECF 228
15
Court’s Ruling
16 Document Sought to be on Motion to Reason(s) for Court’s Ruling
Sealed Seal
17
Joint Submission GRANTED as to Narrowly tailored to protect
18 redacted portions at confidential information regarding
pages 7, 8, 11, 12, 24, features of Google’s internal systems
19 31, 59, 60 and operations, including details
related to cookies, internal identifiers
20 and various data logs maintained by
Google, as well as Google’s internal
21
communications and practices with
22 regard to Incognito, X-Client-Data
Header and their proprietary
23 functions, that Google maintains as
confidential in the ordinary course of
24 its business and is not generally
known to the public or Google’s
25
competitors.
26
27
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6. ECF 229
2
3
Court’s Ruling
4 Document Sought to be on Motion to Reason(s) for Court’s Ruling
Sealed Seal
5 Plaintiffs’ Proposed Order re GRANTED as to Narrowly tailored to protect
Custodian and Search Terms redacted portions at: confidential information about
6 features of Google’s internal systems
Page 2, lines 12, 14- and operations, including details
7
22; related to cookies, internal identifiers
8 Page 3, lines 2, 4, 5-6, and projects, and various data logs
9, 11-13, 17-19, 21- maintained by Google, that Google
9 23, 27; maintains as confidential in the
Page 4, lines 1, 5-7, ordinary course of its business and is
10
11-13, 18-19, 23-25; not generally known to the public or
11 Page 5, lines 1, 3, 7, Google’s competitors.
9-10, 13-15, 21, 24-
12 28;
Page 6, lines 5-7, 11,
13 13, 15, 19-22, 25-26;
Page 7, lines 4-7, 11-
14
12, 16, 18-19, 23-24,
15 27;
Page 8, lines 2-3, 7-
16 10, 13-15, 18-20, 24,
26;
17 Page 9, lines 3-5, 10,
14-15, 19-20, 23, 25-
18
26;
19 Page 10, lines 2-4, 7-
9, 12-13
20
Plaintiffs’ Proposed Order re Sundar GRANTED as to Narrowly tailored to protect
21
Pichai Production redacted portions at: confidential information about
22 features of Google’s internal systems
Page 2, lines 9-15 and operations, including details
23 related to cookies, internal identifiers
and projects, and various data logs
24 maintained by Google, that Google
maintains as confidential in the
25
ordinary course of its business and is
26 not generally known to the public or
Google’s competitors.
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1 SO ORDERED.
2 || Dated: August 11, 2021
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| Seesien veh
SUSAN VAN KEULEN
5 United States Magistrate Judge
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