Opinion

Brown v. Google LLC

Court
District Court, N.D. California
Filed
Aug 11, 2021
Cited by
0 cases
Authority
More cited than 18.8%

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

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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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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

1

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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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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