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 GRANTING IN PART AND
DENYING IN PART
9 v. ADMINISTRATIVE MOTIONS TO
FILE UNDER SEAL
10 GOOGLE LLC,
Re: Dkt. Nos. 308, 309, 310, 321
11 Defendant.
12 Before the Court are several administrative motions to file under seal materials associated
13 with discovery disputes in this case. Dkt. 308, 309, 310, 321; see also Dkt. 315.
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
court records depends on the purpose for which the records are filed with the court. A party
20
seeking to seal court records relating to motions that are “more than tangentially related to the
21
underlying cause of action” must demonstrate “compelling reasons” that support secrecy. Ctr. For
22
Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016). For records attached to
23
motions that re “not related, or only tangentially related, to the merits of the case,” the lower
24
“good cause” standard of Rule 26(c) applies. Id.; see also Kamakana, 447 F.3d at 1179. A party
25
moving to seal court records must also comply with the procedures established by Civil Local
26
Rule 79-5.
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. 308
8
Court’s Ruling
9 Document Sought to be on Motion to Reason(s) for Court’s Ruling
Sealed Seal
10 October 20, 2021 Special Master’s GRANTED as to Narrowly tailored to protect
Report redacted portions at: confidential and proprietary
11 information regarding sensitive
Page 5, line 10; features of Google’s internal
12
systems and operations, including
13 Exhibit A, Page 1, details about internal identifiers,
Column “Special projects, and data structures, that
14 Master’s Order”, lines Google maintains as confidential in
11-17; 19 the ordinary course of its business
15
and is not generally known to the
16 Exhibit A, Page 3, public or Google’s competitors.
Column “Special
17 Master’s Order”, lines
15-16, 20, 38-41, 43
18
19
2. Dkt. 309
20
Court’s Ruling
21 Document Sought to be on Motion to Reason(s) for Court’s Ruling
22 Sealed Seal
Plaintiffs’ Objections to the Special GRANTED as Narrowly tailored to protect
23 Master’s Report and Orders on to redacted confidential and proprietary
Referred Discovery Disputes portions on information regarding
24 (“Plaintiffs’ Objections”) Pages 1-5. sensitive features of Google’s
internal systems and operations,
25
including details related to project
26 names, cookies, internal
identifiers, and financial
27 information as well as Google’s
and its proprietary functions, that
1
Google maintains as confidential
2 in the ordinary course of its
business and is not generally
3 known to the public or Google’s
competitors.
4
Plaintiffs’ [Proposed] Order Regarding GRANTED as to Narrowly tailored to protect
5
Plaintiffs’ Objections to the Special redacted portions at confidential and proprietary
6 Master’s Report and Orders on Page 2, lines 22-27; information regarding
Referred Discovery Disputes Page 3, lines 1- sensitive features of Google’s
7 2, 9, 12-13. internal systems and operations,
including details related to project
8 names, cookies, internal
identifiers, and financial
9
information as well as Google’s
10 internal communications and
practices with regard to Incognito
11 and its proprietary functions, that
Google maintains as confidential
12 in the ordinary course of its
business and is not generally
13
known to the public or Google’s
14 competitors.
Exhibit A to Plaintiffs’ Objections, GRANTED as Contains confidential and
15 GOOG-CABR-03662096 to the entire proprietary information regarding
document. sensitive features of Google’s
16
internal systems and operations,
17 including details related to project
names, cookies, internal
18 identifiers, and financial
information as well as Google’s
19 internal communications and
practices with regard to Incognito
20
and its proprietary functions, that
21 Google maintains as confidential
in the ordinary course of its
22 business and is not generally
known to the public or Google’s
23 competitors.
24
Exhibit B to Plaintiffs’ Objections, GRANTED as Contains confidential and
25 GOOG-BRWN-00184875 to the entire proprietary information regarding
document. sensitive features of Google’s
26 internal systems and operations,
including details related to internal
27 projects as well as Google’s
practices with regard to Incognito
1
and its proprietary functions, that
2 Google maintains as confidential
in the ordinary course of its
3 business and is not generally
known to the public or Google’s
4 competitors.
5
Exhibit C to Plaintiffs’ Objections, GRANTED as Contains confidential and
6 GOOG-BRWN-00433503 to the entire proprietary information regarding
document. sensitive features of Google’s
7 internal systems and operations,
including details related to
8 cookies, internal identifiers, and
financial information as well as
9
Google’s internal communications
10 and practices with regard to
Incognito and its proprietary
11 functions, that Google maintains
as confidential in the ordinary
12 course of its business and is not
generally known to the public or
13
Google’s competitors.
14
Exhibit D to Plaintiffs’ Objections, GRANTED as Contains confidential and
15 GOOG-BRWN-00204684 to the entire proprietary information regarding
document. sensitive features of Google’s
16
internal systems and operations,
17 including details related to
cookies, internal metrics, and
18 financial information as well as
Google’s internal communications
19 and practices with regard to
Incognito and its proprietary
20
functions, 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 Exhibit E to Plaintiffs’ Objections, GRANTED as Contains confidential and
GOOG-BRWN-00168623.C to the entire proprietary information regarding
25 document. sensitive features of Google’s
internal systems and operations,
26 including details related to project
names, cookies, and internal
27 identifiers as well as Google’s
practices with regard to Incognito
1
and its proprietary functions, that
2 Google maintains as confidential
in the ordinary course of its
3 business and is not generally
known to the public or Google’s
4 competitors.
5
3. Dkt. 310
6
7 Court’s Ruling
Document Sought to be on Motion to Reason(s) for Court’s Ruling
8 Sealed Seal
9 Google’s Responses and Objections G tR oA reN dT acE tD ed a s N coa nr fr io dw enly ti ata l i alo nr de d p rt oo p p rir eo tt ae rc yt
10 to Special Master’s Report and portions at: information regarding sensitive
Orders on Referred Discovery Issues features of Google’s internal
11 2:19-21; 3:2-7; 3:9; systems and operations, including
3:13; 3:15; 4:8; 4:18- details related to various types of
12
21; 5:3-4 Google’s internal identifiers,
projects, data logs, and data
13
structures related to its products and
14 services, that Google maintains as
confidential in the ordinary course
15 of its business and is not generally
known to the public or Google’s
16
competitors.
17 GRANTED as Contains confidential and
Exhibit 1 to the entire proprietary information regarding
18 document sensitive features of Google’s
internal systems and operations,
19 including details related to various
types of Google’s internal
20
identifiers, projects, data logs, and
21 data structures related to its
products and services, that Google
22 maintains as confidential in the
ordinary course of its business and
23 is not generally known to the public
or Google’s competitors.
24
GRANTED as Contains confidential and
25 Exhibit 2 to the entire proprietary information regarding
document sensitive features of Google’s
26 internal systems and operations,
including details related to Google’s
27 internal logs data and data usage
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 Contains confidential and
Exhibit 3 to the entire proprietary information regarding
4 document sensitive features of Google’s
internal systems and operations,
5
including details related to Google’s
6 internal identifiers and data usage
policies, that Google maintains as
7 confidential in the ordinary course
of its business and is not generally
8 known to the public or Google’s
competitors.
9
GRANTED as Contains confidential and
10 Exhibit 4 to the entire proprietary information regarding
document sensitive features of Google’s
11 internal systems and operations,
including details related to various
12
types of Google’s internal
identifiers, data flow, and data
13
structures related to its products and
14 services, that Google maintains as
confidential in the ordinary course
15 of its business and is not generally
known to the public or Google’s
16
competitors.
17
4. Dkt. 321
18
Court’s Ruling
19 Document Sought to be on Motion to Reason(s) for Court’s Ruling
Sealed Seal
20
DENIED
Plaintiffs’ Demonstratives Plaintiffs seek to seal information on
21 without
the grounds that Google has
prejudice
22 designated the information under the
protective order in this case, but
23 Google has not filed a declaration
demonstrating that the material is
24 sealable, as required under Civil
Local Rule 79-5. Google must
25
submit the required declaration no
26 later than November 19, 2021.
Failure to submit the required
27 declaration by this extended deadline
1 SO ORDERED.
2 Dated: November 12, 2021
3
Sesion yah
SUSAN VAN KEULEN
5 United States Magistrate Judge
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