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
15
16
Z 18
19
20
21
22
23
24
25
26
27
28