Opinion

Brown 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

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 ON ADMINISTRATIVE

9 v. MOTIONS FOR LEAVE TO FILE

UNDER SEAL

10 GOOGLE LLC,

Re: Dkt. Nos. 291, 354, 356, 360, 361

11 Defendant.

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

13 with discovery disputes in this case. Dkt. 291, 354, 356, 360, 361; see also Dkt. 303, 376.

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. 291

8 Court’s Ruling

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

9 Sealed Seal

Motion Seeking Relief (Dkt. 291-2) GRANTED as Narrowly tailored to protect

10 to redacted confidential technical information

portions at: regarding the operation of Google’s

11

products and systems, including the

12 Page 1 Lines 6- various types of Google’s internal

11 identifiers/cookies and their

13 Page 2 Lines proprietary functions, the various

25-27 types of logs maintained by Google,

14 Page 3 Lines 1- and information contained in those

4, 21-22 logs, that Google maintains as

15

Page 5 Lines 17, confidential in the ordinary course of

16 23 its business and is not generally

Page 8 Lines 3- known to the public or Google’s

17 5 competitors.

Page 9 Lines 11,

18 16

Page 10 Lines

19

9-11

20 Page 11 Lines

14-17

21 Page 12 Lines 1,

11, 13

22 Page 14 Lines

17, 19, 22-27

23

Page 15 Lines

24 1-10

25 Exhibit E to the Declaration of Erika GRANTED as Narrowly tailored to protect

Nyborg-Burch in support of the to redacted confidential technical information

26

Motion Seeking Relief (Dkt. 291-7) portions at: regarding the operation of Google’s

27 Pages 1-2. products and systems, including the

various types of Google’s internal

proprietary functions that Google

1

maintains as confidential in the

2 ordinary course of its business and is

not generally known to the public or

3 Google’s competitors.

Exhibit F to the Declaration of GRANTED as Narrowly tailored to protect

4 Erika Nyborg-Burch in support to the document confidential technical information

of the Motion Seeking Relief in its entirety regarding sensitive features of

5

(Dkt. 291-8) Google’s operations and consumer

6 data, including Google’s internal

data storage infrastructure, that

7 Google maintains as confidential in

the ordinary course of its business

8 and is not generally known to the

public or Google’s competitors.

9

Exhibit H to the Declaration of GRANTED as Narrowly tailored to protect

10 Erika Nyborg-Burch in support to redacted confidential technical information

of the Motion Seeking Relief portions at: regarding the operation of Google’s

11 (Dkt. 291-9) products and systems, including the

Pages 2, 4 various types of Google’s internal

12

identifiers/cookies and their

proprietary functions, the various

13

types of logs maintained by Google,

14 that Google maintains as

confidential in the ordinary course of

15 its business and is not generally

known to the public or Google’s

16

competitors.

17 Exhibit I to the Declaration of GRANTED as Narrowly tailored to protect

Erika Nyborg-Burch in support to redacted confidential technical information

18 of the Motion Seeking Relief portions at: regarding the operation of Google’s

(Dkt. 291-10) products and systems, including the

19 Page 2 various types of Google’s internal

identifiers/cookies and their

20

proprietary functions, the various

21 types of logs maintained by Google,

that Google maintains as

22 confidential in the ordinary course of

its business and is not generally

23 known to the public or Google’s

competitors.

24

Exhibit J to the Declaration of GRANTED as Narrowly tailored to protect

25 Erika Nyborg-Burch in support to the document confidential technical information

of the Motion Seeking Relief in its entirety regarding the operation of Google’s

26 (Dkt. 291-11) products and systems, including the

various types of Google’s internal

27 identifiers/cookies and their

maintains as confidential in the

1

ordinary course of its business and is

2 not generally known to the public or

Google’s competitors.

3 Exhibit K to the Declaration of GRANTED as Narrowly tailored to protect (1)

Erika Nyborg-Burch in support to redacted confidential technical information

4 of the Motion Seeking Relief portions at: regarding the operation of Google’s

(Dkt. 291-12) products and systems, including the

5

Pages 1-3, 5-12 various types of Google’s internal

6 identifiers/cookies and their

proprietary functions, the various

7 types of databases maintained by

Google, that Google maintains as

8 confidential in the ordinary course of

its business and is not generally

9

known to the public or Google’s

10 competitors and (2) Plaintiffs’

sensitive information.

11 Exhibit L to the Declaration of GRANTED as Narrowly tailored to protect (1)

Erika Nyborg-Burch in support to redacted confidential technical information

12

of the Motion Seeking Relief portions at: regarding the operation of Google’s

(Dkt. 291-13) products and systems, including the

13

Pages 2-9 various types of Google’s internal

14 identifiers/cookies and their

proprietary functions, the various

15 types of databases maintained by

Google, that Google maintains as

16

confidential in the ordinary course of

17 its business and is not generally

known to the public or Google’s

18 competitors and (2) Plaintiffs’

sensitive information.

19

20

2. Dkt. 354

21

22 Court’s Ruling

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

23 Sealed Seal

December 16, 2021 Joint GRANTED as to Narrowly tailored to protect information

24 Submission portions highlighted that Google maintains as confidential in

in yellow at: the ordinary course of its business and is

25 not generally known to the public or

26 2:23, 2:25, 2:27-28,

Google’s competitors.

3:7, 3:10-11, 5:14-16

27

3. Dkt. 356

1

2 Court’s Ruling

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

3 Sealed Seal

December 17, 2021 Joint GRANTED as to Narrowly tailored to protect information

4 Submission portions highlighted that Google maintains as confidential in

in yellow at: the ordinary course of its business and is

5 not generally known to the public or

6 2:19

Google’s competitors.

7

4. Dkt. 360

8

9 Court’s Ruling

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

10 Sealed Seal

GRANTED as to The information requested to be sealed

11 GOOG-BRWN-00409986 (Dkt. 360-1) redacted portions at: contains Google’s confidential and

proprietary information regarding

12 Pages 1-2 sensitive features of Google’s internal

systems and operations, including

13 details related to internal project, links,

and goals, that Google maintains as

14

confidential in the ordinary course of its

business and is not generally known to

15

the public or Google’s competitors.

16 Such confidential and proprietary

information reveals Google’s internal

17 strategies, system designs, and business

practices for operating and maintaining

18 many of its important services,

andpublic disclosure of such

19 confidential and proprietary information

could affect Google’s competitive

20 standing as competitors may alter their

systems and practices relating to

21 competing products. It may also place

Google at an increased risk of cyber

22 security threats, as third parties may

seek to use the information to

23 compromise Google’s internal projects,

documents, and practices relating to

24

competing products.

25 GRANTED as to The information requested to be sealed

GOOG-BRWN-00226088 (Dkt. 360-2) redacted portions at: contains Google’s confidential and

26 proprietary information regarding

page 3 encryption of Google’s produced

27 document, that Google maintains as

confidential in the ordinary course of its

the public or Google’s competitors.

1 Such confidential and proprietary

information reveals Google’s internal

2

strategies, system designs, and business

practices for operating and maintaining

3

many of its important services, and

4 public disclosure of such confidential

and proprietary information may place

5 Google at an increased risk of cyber

security threats, as third parties may

6 seek to use the information to

compromise Google’s internal

7 documents subject to the Protective

Order in this case.

8 GRANTED as to The information requested to be sealed

GOOG-BRWN-00225677 (Dkt. 360-4) redacted portions at: contains Google’s confidential and

9 proprietary information regarding

10 page 4 e dn oc cr uy mpt ei no tn , to hf a G t Goo og ol ge l’ es mpr ao id nu tac ie nd s as

confidential in the ordinary course of its

11

business and is not generally known to

the public or Google’s competitors.

12

Such confidential and proprietary

13 information reveals Google’s internal

strategies, system designs, and business

14 practices for operating and maintaining

many of its important services, and

15 public disclosure of such confidential

and proprietary information may place

16 Google at an increased risk of cyber

security threats, as third parties may

17 seek to use the information to

compromise Google’s internal

18 documents subject to the Protective

Order in this case. .

19 GRANTED as to The information requested to be sealed

GOOG-BRWN-00477510 (Dkt. 360-5) redacted portions at: contains Google’s confidential and

20

proprietary information regarding

21 Redacted in its sensitive features of Google’s internal

entirety systems and operations, including

details related to internal research and

22

methodology, that Google maintains as

23 confidential in the ordinary course of its

business and is not generally known to

24 the public or Google’s competitors.

Such confidential and proprietary

25 information reveals Google’s internal

strategies, system designs, and business

26 practices for operating and maintaining

many of its important services, and

27 public disclosure of such confidential

competitors may alter their systems and

1 practices relating to competing

products. It may also place Google at an

2

increased risk of cyber security threats,

as third parties may seek to use the

3

information to compromise Google’s

4 internal projects and practices relating

to competing products.

5 GRANTED as to The information requested to be sealed

GOOG-CABR-03750737 (Dkt. 360-9) redacted portions at: contains Google’s confidential and

6 proprietary information regarding

Pages 8-10, 16, 17, 21 sensitive features of Google’s internal

7 systems and operations, including

details related to proprietary and

8 potential features of its product, that

Google maintains as confidential in the

9 ordinary course of its business and is

not generally known to the public or

10 Google’s competitors. Such confidential

and proprietary information reveals

11

Google’s internal strategies, system

designs, and business practices for

12

operating and maintaining many of its

13 important services, and public

disclosure of such confidential and

14 proprietary information could affect

Google’s competitive standing as

15 competitors may alter their systems and

practices relating to competing

16 products. It may also place Google at an

increased risk of cyber security threats,

17 as third parties may seek to use the

information to compromise Google’s

18 features and practices relating to

competing products.

19 GRANTED as to The information requested to be sealed

GOOG-BRWN-00140297 (Dkt. 360-14) redacted portions at: contains Google’s confidential and

20

proprietary information regarding

21 Pages 15, 17, 20-23, sensitive features of Google’s internal

27, 29, 31-33 systems and operations, including

details related to proprietary and

22

potential features of its product, that

23 Google maintains as confidential in the

ordinary course of its business and is

24 not generally known to the public or

Google’s competitors. Such confidential

25 and proprietary information reveals

Google’s internal strategies, system

26 designs, and business practices for

operating and maintaining many of its

27 important services, and public

Google’s competitive standing as

1 competitors may alter their systems and

practices relating to competing

2

products. It may also place Google at an

increased risk of cyber security threats,

3

as third parties may seek to use the

4 information to compromise Google’s

features and practices relating to

5 competing products.

GRANTED as to The information requested to be sealed

6 GOOG-CABR-04991831 (Dkt. 360-15) redacted portions at: contains Google’s confidential and

proprietary information regarding

7 page 1 sensitive features of Google’s internal

systems and operations, including

8 details related to internal projects and

proprietary and potential features of its

9 product, that Google maintains as

confidential in the ordinary course of its

10 business and is not generally known to

the public or Google’s competitors.

11

Such confidential and proprietary

information reveals Google’s internal

12

strategies, system designs, and business

13 practices for operating and maintaining

many of its important services, and

14 public disclosure of such confidential

and proprietary information could affect

15 Google’s competitive standing as

competitors may alter their systems and

16 practices relating to competing

products. It may also place Google at an

17 increased risk of cyber security threats,

as third parties may seek to use the

18 information to compromise Google’s

internal projects, features, and practices

19 relating to competing products.

GRANTED as to The information requested to be sealed

20 GOOG-CABR-05269357 (Dkt. 360-16) redacted portions at: contains Google’s confidential and

21 proprietary information regarding

Redacted in its sensitive features of Google’s internal

22 entirety systems and operations, including

details related to internal projects and

23 products and their proprietary features,

that Google maintains as confidential in

24 the ordinary course of its business and is

not generally known to the public or

25 Google’s competitors. Such confidential

and proprietary information reveals

26 Google’s internal strategies, system

designs, and business practices for

27 operating and maintaining many of its

proprietary information could affect

1 Google’s competitive standing as

competitors may alter their systems and

2

practices relating to competing

products. It may also place Google at an

3

increased risk of cyber security threats,

4 as third parties may seek to use the

information to compromise Google’s

5 internal projects, features and practices

relating to competing products.

6 GRANTED as to The information requested to be sealed

GOOG-BRWN-00457784 (Dkt. 360-17) redacted portions at: contains Google’s confidential and

7 proprietary information regarding

page 1 Google’s internal systems and

8 operations, including details related to

internal projects and discussions, that

9 Google maintains as confidential in the

ordinary course of its business and is

10 not generally known to the public or

Google’s competitors. Such confidential

11

and proprietary information reveals

Google’s internal strategies, system

12

designs, and business practices for

13 operating and maintaining many of its

important services, and public

14 disclosure of such confidential and

proprietary information could affect

15 Google’s competitive standing as

competitors may alter their systems and

16 practices relating to competing

products. It may also place Google at an

17 increased risk of cyber security threats,

as third parties may seek to use the

18 information to compromise Google’s

internal projects, features, and practices

19 relating to competing products.

GRANTED as to The information requested to be sealed

20 GOOG-BRWN-00048967.C (Dkt. 360- redacted portions at: contains Google’s confidential and

21 18) proprietary information regarding

Page 33 encryption of Google’s produced

document, that Google maintains as

22

confidential in the ordinary course of its

23 business and is not generally known to

the public or Google’s competitors.

24 Such confidential and proprietary

information reveals Google’s internal

25 strategies, system designs, and business

practices for operating and maintaining

26 many of its important services, and

public disclosure of such confidential

27 and proprietary information may place

seek to use the information to

1 compromise Google’s internal

documents subject to the Protective

2

Order in this case.

3 GRANTED as to The information requested to be sealed

GOOG-BRWN-00388293 (Dkt. 360-19) redacted portions at: contains Google’s confidential and

4 proprietary information regarding

pages 1, 3 Google’s internal systems and

5 operations, including details related to

internal projects and discussions, that

6 Google maintains as confidential in the

ordinary course of its business and is

7 not generally known to the public or

Google’s competitors. Such confidential

8 and proprietary information reveals

Google’s internal strategies, system

9 designs, and business practices for

operating and maintaining many of its

10 important services, and public

disclosure of such confidential and

11

proprietary information could affect

Google’s competitive standing as

12

competitors may alter their systems and

13 practices relating to competing

products. It may also place Google at an

14 increased risk of cyber security threats,

as third parties may seek to use the

15 information to compromise Google’s

internal projects, features, and practices

16 relating to competing products.

GRANTED as to The information requested to be sealed

17 GOOG-CABR-00501220 (Dkt. 360-20) redacted portions at: contains Google’s confidential and

proprietary information regarding

18 page 2-3, 5-6 sensitive features of Google’s internal

systems and operations, including

19 details related to internal projects and

proprietary and potential features of its

20

product, that Google maintains as

confidential in the ordinary course of its

21

business and is not generally known to

the public or Google’s competitors.

22

Such confidential and proprietary

23 information reveals Google’s internal

strategies, system designs, and business

24 practices for operating and maintaining

many of its important services, and

25 public disclosure of such confidential

and proprietary information could affect

26 Google’s competitive standing as

competitors may alter their systems and

27 practices relating to competing

as third parties may seek to use the

1 information to compromise Google’s

internal projects, features, and practices

2

relating to competing products.

3 GRANTED as to The information requested to be sealed

GOOG-CABR-05269678 (Dkt. 360-21) redacted portions at: contains Google’s confidential and

4 proprietary information regarding

Pages 3, 9-13, 15, 18- sensitive features of Google’s internal

5 20, 22-25, 27, 30-32 systems and operations, including

details related to internal projects and

6 proprietary and potential features of its

product, that Google maintains as

7 confidential in the ordinary course of its

business and is not generally known to

8 the public or Google’s competitors.

Such confidential and proprietary

9 information reveals Google’s internal

strategies, system designs, and business

10 practices for operating and maintaining

many of its important services, and

11

public disclosure of such confidential

and proprietary information could affect

12

Google’s competitive standing as

13 competitors may alter their systems and

practices relating to competing

14 products. It may also place Google at an

increased risk of cyber security threats,

15 as third parties may seek to use the

information to compromise Google’s

16 internal projects, features, and practices

relating to competing products.

17 GRANTED as to The information requested to be sealed

24. Mardini Transcript (Excerpt) (Dkt. redacted portions at: contains Google’s confidential and

18 360-24) proprietary information regarding

306:10 Google’s internal systems and

19 operations, including details related to

internal projects, that Google maintains

20

as confidential in the ordinary course of

its business and is not generally known

21

to the public or Google’s competitors.

Such confidential and proprietary

22

information reveals Google’s internal

23 strategies, system designs, and business

practices for operating and maintaining

24 many of its important services, and

public disclosure of such confidential

25 and proprietary information could affect

Google’s competitive standing as

26 competitors may alter their systems and

practices relating to competing

27 products. It may also place Google at an

information to compromise Google’s

| internal projects and practices relating

> o competing products.

3

4 5. Dkt. 361

5 Court’s Ruling

□□□ on Motion to Reason(s) for Court’s Ruling

6 Sealed Seal

7 Exhibits relied upon by Google in its GRANTED ee Dkt. 358

portion of the Joint Submission Re:

8 Deposition of Google Officer Sundar

Pichai

9

10 SO ORDERED.

1] || Dated: January 6, 2022

qa 12

Suse yorKul

SUSAN VAN KEULEN

14 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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