The opinion
1 UNITED STATES DISTRICT COURT
2 NORTHERN DISTRICT OF CALIFORNIA
3 PATRICK CALHOUN, et al., Case No. 20-cv-05146-LHK (SVK)
4 Plaintiffs,
ORDER ON ADMINISTRATIVE
5 v. MOTION TO SEAL
6 GOOGLE LLC, Re: Dkt. No. 382
7 Defendant.
8 Before the Court is Google’s administrative motion to file under seal materials associated
9 with discovery disputes in this case. Dkt. 382.
10 Courts recognize a “general right to inspect and copy public records and documents,
11 including judicial records and documents.” Kamakana v. City & Cnty. Of Honolulu, 447 F.3d
12 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc., 435 U.S. 589, 597 & n.7
13 (1978)). A request to seal court records therefore starts with a “strong presumption in favor of
14 access.” Kamakana, 447 F.3d at 1178 (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d
15 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
16
seeking to seal court records relating to motions that are “more than tangentially related to the
17
underlying cause of action” must demonstrate “compelling reasons” that support secrecy. Ctr. For
18
Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016). For records attached to
19
motions that re “not related, or only tangentially related, to the merits of the case,” the lower
20
“good cause” standard of Rule 26(c) applies. Id.; see also Kamakana, 447 F.3d at 1179. A party
21
moving to seal court records must also comply with the procedures established by Civil Local
22
Rule 79-5.
23
Here, the “good cause” standard applies because the information the parties seek to seal
24
was submitted to the Court in connection with discovery-related motions, rather than a motion that
25
concerns the merits of the case. The Court may reach different conclusions regarding sealing
26
these documents under different standards or in a different context. Having considered the motion
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1 to seal, supporting declarations, and the pleadings on file, and good cause appearing, the Court
2 || ORDERS as follows:
Be Sealed Seal
4 ||| Exhibit A to Golueke GRANTED Narrowly tailored to protect
Declaration in support of confidential technical information
5 the Special Master regarding sensitive features of
Submission Google’s internal systems and
6 operations, including the various
7 types of data sources which
include information related to
8 Google’s data logs, internal data
structures, internal identifiers and
9 their proprietary functions, that
Google maintains as confidential
10 in the ordinary course of its
11 business and is not generally
known to the public or Google’s
3s 12 competitors.
Exhibit B to Golueke | GRANTED as to Portions Narrowly tailored to protect
13 ||| Declaration in support of | Highlighted in Yellow at: confidential technical information
4 the Special Master regarding sensitive features of
Submission Pages 3, 6, 7, 8, 10, 11, 13, 14, | Google’s internal systems and
B45 17, 18, 19, 20 operations, including the various
types of data sources which
a 16 include information related to
Google’s data logs, internal data
17 structures, internal identifiers and
8 their proprietary functions, that
Google maintains as confidential
19 in the ordinary course of its
business and is not generally
20 known to the public or Google’s
competitors.
21 Exhibit B to Golueke | GRANTED as to Portions Contains personal information
09 Declaration in support of | Highlighted in Blue at: regarding Plaintiffs.
the Special Master
23 Submission Pages 1-20
24 SO ORDERED.
25 Dated: December 7, 2021
27 SUSAN VAN KEULEN
United States Magistrate Judge
28