Opinion

Calhoun v. Google LLC

Court
District Court, N.D. California
Filed
Jan 6, 2022
Cited by
0 cases
Authority
More cited than 18.8%

The opinion

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4 UNITED STATES DISTRICT COURT

5 NORTHERN DISTRICT OF CALIFORNIA

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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. 399, 401, 409

11 Defendant.

12 Before the Court are several administrative motions to file under seal materials associated

13 with discovery disputes in this case. Dkt. 399, 401, 409; see also Dkt. 407, 408.

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

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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. 399

8

Court’s Ruling

9 Document Sought to be on Motion to Reason(s) for Court’s Ruling

Sealed Seal

10 Joint Submission in Response to Dkt. GRANTED as to Narrowly tailored to protect confidential

397 Re: Status of Discovery Disputes – redacted portions at: technical information regarding

11 Second Topic sensitive features of Google’s internal

12 2:21-22; 2:24-25; systems and operations, including

3:1-4; 3:10-12; details related to Google’s projects, data

13 4:11-12 logs and their proprietary functions, that

Google maintains as confidential in the

14 ordinary course of its business and is

not generally known to the public or

15 Google’s competitors.

Exhibit A to Joint Discovery Brief GRANTED as to Narrowly tailored to protect confidential

16 redacted portions at: technical information regarding

1-2, 5-6, 8 sensitive features of Google’s internal

17 systems and operations, including

details related to Google’s projects, data

18 logs, internal identifiers/cookies and

their proprietary functions, that Google

19 maintains as confidential in the ordinary

course of its business and is not

20 generally known to the public or

Google’s competitors.

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2. Dkt. 401

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23 Court’s Ruling

Document Sought to be on Motion to Reason(s) for Court’s Ruling

24 Sealed Seal

Joint Submission in Response to Dkt. GRANTED as to Narrowly tailored to protect

25 397 Re: ESI Custodians redacted portions at: confidential information regarding

26 Google’s internal strategies, system

2:7; 2:8-9; 2:10-12; designs, and business practices for

27 2:15-17; 2:18-19; operating and maintaining many of

2:22-23; 3:1-2 its services and products,

1 onfidential information could affect

Google’s competitive standing as

2 ompetitors may alter their identifier

system designs and practices relating

3 o competing products. It may also

lace Google at an increased risk of

4 yber security threats, as third

arties may seek to use the

5 . . . ,

information to compromise Google’s

6 identifier systems.

7 3. Dkt. 409

8 Court’s Ruling

9 Document Sought to be on Motion to Reason(s) for Court’s Ruling

Sealed Seal

10 December 13, 2021 Joint Submission | GRANTED as to Narrowly tailored to protect

portions highlighted {confidential information that Google

11 in yellow at: maintains as confidential in the

ordinary course of its business and is

12 3:11-12; 3:19-21; Inot generally known to the public or

5 413 5:26-28; 6:28 Google’s competitors.

= Appendix A GRANTED as to Narrowly tailored to protect

v 14 portions highlighted {confidential information that Google

© in yellow at: maintains as confidential in the

15 ordinary course of its business and is

2 7:9; 7:10; 7:12 Inot generally known to the public or

16 Google’s competitors

& ~

SO ORDERED.

a 18 Dated: January 6, 2022

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20 Suse yar Kul 7

21 SUSAN VAN KEULEN

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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