The opinion
1
2
3
4 UNITED STATES DISTRICT COURT
5 NORTHERN DISTRICT OF CALIFORNIA
6
7 PATRICK CALHOUN, et al., Case No. 20-cv-05146-LHK (SVK)
8 Plaintiffs,
ORDER ON MOTIONS TO SEAL
9 v.
10 GOOGLE LLC, Re: Dkt. Nos. 273, 280, 288, 289, 293, 296,
308, 313
11 Defendant.
12 Before the Court are several administrative motions to file under seal materials associated
13 with discovery disputes in this case. Dkt. 273, 280, 288, 289, 293, 296, 308, 313; see also Dkt.
14 284, 291, 295.
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. Dkt. 273
8
Court’s Ruling
9 Document Sought to be on Motion to Reason(s) for Court’s Ruling
Sealed Seal
10 Plaintiffs’ Response to Google’s GRANTED as to Narrowly tailored to protect
Statement re Identification of redacted portions at: confidential technical information
11
Discovery Disputes for Resolution regarding the operations of Google’s
12 Page 1, lines 24-26 products and systems and
Page 2, lines 9- confidential business information
13 11, 13-14, 18-20 that Google maintains as
confidential in the ordinary course of
14 its business and is not generally
known to the public or Google’s
15
competitors.
16
2. Dkt. 280
17
Court’s
18 Document Sought to be Sealed Ruling on Reason(s) for Court’s Ruling
Motion to Seal
19
June 2, 2021 Hearing GRANTED as to Narrowly tailored to protect confidential
20 Transcript redacted portions at: technical information regarding features
of Google’s internal systems and
21 13:2, 13:8, 13:11, operations, including Google’s internal
32:18-20, 34:10, policies, internal data structures, internal
22 identifiers/cookies and their proprietary
34:23-25, 36:23-
23
37:3, 37:8-11, 37:15-f cu on nc ft ii do en ns t, i at lh a int G tho eo og rl de i nm aa ri yn cta oi un rs s a es o
f its
16, 37:19-20, 37:22- business and is not generally known to
24 24, 38:3-5, 46:3-11, the public or Google’s competitors.
46:14-15, 46:17-23,
25 46:25, 47:1, 70:20,
70:24, 71:2.
26
27
3. Dkt. 288
1
2 Court’s Ruling
Document Sought to be on Motion to Reason(s) for Court’s Ruling
3 Sealed Seal
August 12, 2021 Hearing GRANTED as to Narrowly tailored to protect
4 Transcript redacted portions at: confidential technical information
regarding features of Google’s
5
12:22-24; 14:3; 53:23 internal systems and operations,
6 including Google’s internal data
structures, internal identifiers and
7 their proprietary functions, as well as
plaintiff health information that
8
Google maintains as confidential in
9 the ordinary course of its business
and is not generally known to the
10 public or Google’s competitors.
11 4. Dkt. 289
12
Court’s
Document Sought to be Reason(s) for Court’s Ruling
13 Sealed Ruling on
Motion to
14 Seal
Plaintiffs’ Notice of Motion and GRANTED as to Narrowly tailored to protect
15 Motion to Compel, and redacted portions at: confidential technical information
Memorandum of Points and regarding the operation of
16
Authorities in Support thereof (Dkt. Page 1, Lines 20, Google’s products and systems,
17 290) 22-25, 28; including information related to
Page 2, Lines 2-6, Google’s internal project and
18 11-14, 16-20, 22-23, Google’s confidential business
26-27; information that was requested by
19 Page 3, Lines 24-27; the State of Texas, State of
Page 4, Lines 3 Arizona, and the FTC in
20
confidence that Google maintains
21 as confidential in the ordinary
course of its business and is not
22 generally known to the public or
Google’s competitors.
23
24 Declaration of David A. Straite in GRANTED as to Narrowly tailored to protect
Support of Plaintiffs’ Motion to redacted portions at: Google’s confidential business
25 Compel (Dkt. 291) Page 2, Lines 18-19, information that was requested by
21-22, 24-25, 27-28; the State of Texas, State of
26 Page 3, Lines 2-3, Arizona, and the FTC in
11-12, 14-15, 17-18, confidence that Google maintains
27
20-21, 23-26 as confidential in the ordinary
generally known to the public or
1
Google’s competitors.
2
Exhibit A to the Declaration of GRANTED as to Contains Google’s confidential
3 David A. Straite Entire Document technical information regarding
the operation of Google’s
4 products and systems, including
Google’s logs, internal data
5
structures, internal
6 identifiers/cookies and their
proprietary functions and
7 Google’s confidential business
information that was requested by
8 the State of Texas in confidence
that Google maintains as
9
confidential in the ordinary
10 course of its business and is not
generally known to the public or
11 Google’s competitors.
12
Exhibit B to the Declaration of GRANTED as to Contains Google’s confidential
13
David A. Straite Entire Document business information that was
14 requested by the State of Texas in
confidence that Google maintains
15 as confidential in the ordinary
course of its business and is not
16
generally known to the public or
17 Google’s competitors.
18 Exhibit C to the Declaration of GRANTED as to Contains Google’s confidential
David A. Straite Entire Document business information that was
19 requested by the State of Texas in
confidence that Google maintains
20
as confidential in the ordinary
21 course of its business and is not
generally known to the public or
22 Google’s competitors.
23 Exhibit D to the Declaration of GRANTED as to Contains Google’s confidential
David A. Straite Entire Document business information that was
24
requested by the State of Texas in
25 confidence that Google maintains
as confidential in the ordinary
26 course of its business and is not
generally known to the public or
27 Google’s competitors.
Exhibit E to the Declaration of GRANTED as to Contains Google’s confidential
1
David A. Straite Entire Document technical information regarding
2 the operation of Google’s
products and systems, including
3 Google’s logs, internal data
structures, internal identifiers and
4 projects, internal groups, and
Google’s confidential business
5
information that was requested by
6 the State of Texas in confidence
that Google maintains as
7 confidential in the ordinary
course of its business and is not
8 generally known to the public or
Google’s competitors.
9
10 Exhibit F to the Declaration of GRANTED as to Contains Google’s confidential
David A. Straite Entire Document business information that was
11 requested by the State of Texas in
confidence that Google maintains
12 as confidential in the ordinary
course of its business and is not
13
generally known to the public or
14 Google’s competitors.
15 Exhibit I to the Declaration of David GRANTED as to Contains Google’s confidential
A. Straite Entire Document business information that was
16
requested by the State of Arizona
17 in confidence that Google
maintains as confidential in the
18 ordinary course of its business
and is not generally known to the
19 public or Google’s competitors.
20
Exhibit J to the Declaration of David GRANTED as to Contains Google’s confidential
21 A. Straite Entire Document business information that was
requested by the State of Arizona
22 in confidence that Google
maintains as confidential in the
23 ordinary course of its business
and is not generally known to the
24
public or Google’s competitors.
25
Exhibit K to the Declaration of GRANTED as to Contains Google’s confidential
26 David A. Straite Entire Document technical information regarding
the operation of Google’s
27 products and systems, including
projects and their proprietary
1
functions, and Google’s
2 confidential business information
that was requested by the State of
3 Arizona in confidence that
Google maintains as confidential
4 in the ordinary course of its
business and is not generally
5
known to the public or Google’s
6 competitors.
7 Exhibit L to the Declaration of GRANTED as to Contains Google’s confidential
David A. Straite Entire Document technical information regarding
8 the operation of Google’s
products and systems, including
9
Google’s internal identifiers,
10 cookies, and projects and their
proprietary functions and
11 Google’s confidential business
information that was requested by
12 the State of Arizona in confidence
that Google maintains as
13
confidential in the ordinary
14 course of its business and is not
generally known to the public or
15 Google’s competitors.
16
Proposed Order on Motion to GRANTED as to Contains Google’s confidential
17 Compel Entire Document business information that was
requested by the State of Texas,
18 State of Arizona, and the FTC in
confidence that Google maintains
19 as confidential in the ordinary
course of its business and is not
20
generally known to the public or
21 Google’s competitors.
22
5. Dkt. 293
23
Court’s
24 Document Sought to be Reason(s) for Court’s Ruling
Ruling on
Sealed
25 Motion to
Seal
26 Joint Submission in Response to GRANTED as to Narrowly tailored to protect
Dkt. 276 re Logs Preservation redacted portions at: confidential technical
27 information regarding features of
page 3, lines 3, 7-12, operations, including the various
1
16-18, 21-23, 25, types of Google’s data logs and
2 27; information contained in those
page 5, lines 9-16, logs, internal data structures,
3 19, 24-25; internal identifiers and their
page 6, lines 4-6, 8- proprietary functions, that
4 13, 17-18, 28. Google maintains as confidential
5 in the ordinary course of its
business and is not generally
6 known to the public or Google’s
competitors.
7
6. Dkt. 296
8
Court’s Ruling
9 Document Sought to be on Motion to Reason(s) for Court’s Ruling
10 Sealed Seal
Opposition To Plaintiffs’ Motion To GRANTED as to Narrowly tailored to protect
11 Compel Production of Regulator redacted portions at confidential information regarding
Documents Re: Dispute 1.4 Google’s products and systems,
12
Page 2, lines 19-24; including the various types of
Page 3, lines 1-2 Google’s internal projects and
13
identifiers as well as Google’s
14 confidential business information
that was requested by the State of
15 Texas and State of Arizona in
confidence, which Google
16
maintains as confidential in the
17 ordinary course of its business and
is not generally known to the public
18 or Google’s competitors.
19
20
21 7. Dkt. 308
22
Court’s Ruling
23 Document Sought to be on Motion to Reason(s) for Court’s Ruling
Sealed Seal
24 September 8, 2021 Order GRANTED as to Narrowly tailored to protect
(Dkt. 299) redacted portions at: confidential business information
25
related to Google’s internal
26 page 2, line 20 systems and related personnel
which Google maintains as
27 confidential in the ordinary course
1 known to the public or Google’s
competitors.
2 8. Dkt. 313
3
Court’s Ruling
4 Document Sought to be on Motion to Reason(s) for Court’s Ruling
5 Sealed Seal
Joint Submission in Response to Dkt. | GRANTED to| Narrowly tailored to protect
6 262 re Status of Discovery Disputes | redacted portions at | confidential information regarding
Google’s products and systems,
7 3, 4,5, 10, 14 including details related to
Google’s internal cookies,
8 identifiers, practices, and logs,
9 including internal operations
related to internal identifiers, as
10 well as nonpublic regulatory
investigations, which Google
1] maintains as confidential in the
ordinary course of its business and
12 is not generally known to the public
13 or Google’s competitors.
SO ORDERED.
45
Dated: September 30, 2021
Q 16
= 17 Sussm yar Kul
18 SUSAN VAN KEULEN
United States Magistrate Judge
19
20
21
22
23
24
25
26
27
28