The opinion
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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 ADMINISTRATIVE
9 v. MOTIONS FOR LEAVE TO FILE
UNDER SEAL
10 GOOGLE LLC,
Re: Dkt. Nos. 350, 379, 384, 385
11 Defendant.
12 Before the Court are several administrative motions to file under seal materials associated
13 with discovery disputes in this case. Dkt. 350, 379, 384, 385.
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
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underlying cause of action” must demonstrate “compelling reasons” that support secrecy. Ctr. For
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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 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. 350
8
Court’s Ruling
9 Document Sought to be on Motion to Reason(s) for Court’s Ruling
Sealed Seal
10 Exhibit E of Joint Letter Brief re GRANTED as to Narrowly tailored to protect
Motion for Protective Order Against redacted portions at Google’s confidential information
11 Plaintiffs’ Non-Party Subpoena on regarding its products and systems,
Ernst & Young LLP 32:15 including details related to Google’s
12
internal operations related to internal
13 projects, which 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
17 2. Dkt. 379
18 Court’s Ruling
Document Sought to be on Motion to Reason(s) for Court’s Ruling
19 Sealed Seal
20
S Te rap nte scm rib pe tr 30, 2021 Hearing G reR daA cN teT d E pD or tionas s at: to
Narrowly tailored to protect confidential
21 technical information regarding
sensitive features of Google’s internal
59:17; 65:4-6, 68:13-
systems and operations, including
22 14; 69:1-2, 9-10, 14
Google’s internal identifiers/cookies
23 and their proprietary functions that
Google maintains as confidential in the
24 ordinary course of its business and is
not generally known to the public or
25 Google’s competitors as well as
Plaintiffs’ personally identifiable
26 information.
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3. Dkt. 384
1
2 Court’s Ruling
Document Sought to be on Motion to Reason(s) for Court’s Ruling
3 Sealed Seal
GRANTED as to
4 November 12, 2021 Order redacted portions at: Narrowly tailored to protect confidential
and proprietary information regarding
5 sensitive features of Google’s internal
4:9; 4:13; 4:15 identifiers, systems, projects, data
6 structures, and operations that Google
does not share publicly, including
7 particular internal data sources Google
was ordered to search for data relating
8 to Plaintiffs, that Google maintains as
confidential in the ordinary course of its
9
business and is not generally known to
the public or Google’s competitors.
10
GRANTED as to
11
Exhibit 1 (Calhoun) to November redacted portions at: Narrowly tailored to protect confidential
12, 2021 Order and proprietary information regarding
sensitive features of Google’s internal
12 Paragraphs 3.3, 3.4,
identifiers, systems, projects, data
3.5, 5.1, 5.2, 5.3, 6
13 structures, and operations that Google
does not share publicly, including
14 particular internal data sources Google
was ordered to search for data relating
15 to Plaintiffs, that Google maintains as
confidential in the ordinary course of its
16 business and is not generally known to
the public or Google’s competitors.
17
4. Dkt. 385
18
Court’s Ruling
19 Document Sought to be on Motion to Reason(s) for Court’s Ruling
20 Sealed Seal
GRANTED as to
21 November 4, 2021 Hearing redacted portions at: Narrowly tailored to protect Plaintiffs’
Transcript personally identifiable information and
22 22:21; 23:4-6 web browsing information.
23
24 November 4, 2021 Hearing GRANTED as to Narrowly tailored to protect confidential
Transcript technical information regarding
25 redacted portions at: sensitive features of Google’s internal
systems and operations, including
26 details related to Google’s internal
5:24; 6:23; 7:19; systems, practices, projects, identifiers,
27 7:21; 7:24; 8:15; cookies, the various types of logs
maintained by Google, information
10:2; 10:8; 10:17; proprietary functions, that Google
1 10:19-25; 11:1-7; maintains as confidential in the ordinary
11:12: 11:14: 11:19: course of its business and is not
2 11:22: 12:3: 1 2:11; , generally known to the public or
3 12:13: 12:17: 12:19- Google’s competitors.
20; 12:25; 13:17;
4 13:23-25; 14:2-3;
14:6-10; 14:14:
5 14:24; 15:24; 16:4;
6 16:13; 16:15; 16:23;
17:7; 17:9; 17:12-14;
7 17:17; 17:25; 18:1;
18:11; 18:17; 18:19;
8 18:24; 19:17-20;
9 19:24-25; 20:5-6;
20:11; 21:6; 21:11-
10 12; 21:15; 21:17;
21:23; 22:12; 22:14;
11 22:19; 23:2; 23:21-
23; 24:3-4; 24:22-25;
25:1-3; 26:23; 28:3;
28:7; 28:9; 28:13;
29:15; 30:11; 30:13-
14; 30:20; 31:25;
32:10; 32:12; 32:18;
32:21; 33:15; 34:16;
2 35:4; 35:13: 35:15;
16 37:2; 37:7-8; 39:16-
47 17; 40:21-23; 42:6-7;
44:2
a 18 SO ORDERED.
19 Dated: November 23, 2021
20
21 Suse yer Kul
22 SUSAN VAN KEULEN
United States Magistrate Judge
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