The opinion
1
2
3
4 UNITED STATES DISTRICT COURT
5 NORTHERN DISTRICT OF CALIFORNIA
6
7 PATRICK CALHOUN, et al., Case No. 20-cv-05146-YGR (SVK)
8 Plaintiffs, ORDER ON ADMINISTRATIVE
MOTIONS FOR LEAVE TO FILE
9 v. UNDER SEAL
10 GOOGLE LLC, Re: Dkt. Nos. 509, 546, 547, 555, 557, 559,
11 Defendant. 566, 593, 598, 611
12
Before the Court are several administrative motions to file under seal materials associated
13
with discovery disputes in this case. Dkt. 484, 509, 516, 518, 534; see also Dkt. 507, .
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
20
court records depends on the purpose for which the records are filed with the court. A party
21 seeking to seal court records relating to motions that are “more than tangentially related to the
22 underlying cause of action” must demonstrate “compelling reasons” that support secrecy. Ctr. For
23 Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016). For records attached to
24 motions that re “not related, or only tangentially related, to the merits of the case,” the lower
25 “good cause” standard of Rule 26(c) applies. Id.; see also Kamakana, 447 F.3d at 1179. A party
26 moving to seal court records must also comply with the procedures established by Civil Local
27 Rule 79-5.
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. 509
8
Documents Court’s Ruling on Reason(s) for Court’s Ruling
9
Sought to be Motion to Seal
10 Sealed
Joint GRANTED as to The redacted portions contain Google’s
11 Submission redacted portions at: confidential information regarding its products and
systems, including details related to Google’s
12 Pages 4-5, 10-15, 17, internal cookies, identifiers, practices, logs,
20-21, 25, 28-29 employee medical information, as well as internal
13
metrics and investigation into financial impact of
14 certain features, which Google maintains as
confidential in the ordinary course of its business
15 and is not generally known to the public or
Google’s competitors. Such confidential
16 information reveals Google’s internal strategy and
systems regarding various products and nonpublic
17
investigations thereto. Public disclosure of such
18 confidential information could affect Google’s
competitive standing as competitors may alter their
19 system designs and practices relating to competing
products, time strategic litigation, or otherwise
20 unfairly compete with Google. It may also place
Google at an increased risk of cyber security
21
threats, as third parties may seek to use the
22 information to compromise Google’s internal
projects.
23
2. Dkt. 546
24
25 Documents Court’s Ruling on Motion Reason(s) for Court’s Ruling
Sought to be to Seal
26
Sealed
27 Exhibit A of the GRANTED as to redacted The information requested to be sealed
Order portions at: contains Google’s contains non-public,
Pages 2-3, 8, 10-11, 15, 18- information that could affect Google’s
1
19, 26-28 competitive standing and may expose Google
2 to increased security risks if publicly
disclosed, including details related to Google’s
3 internal identifiers, practices, logs, personal
and private medical information related to a
4 Google employee, as well as internal metrics
and investigation into financial impact of
5
certain features, which Google maintains as
6 confidential in the ordinary course of its
business and is not generally known to the
7 public or Google’s competitors. Such
confidential information reveals Google’s
8 internal strategy and systems regarding
various products and nonpublic investigations
9
thereto. Public disclosure of such confidential
10 information could affect Google’s competitive
standing as competitors may alter their system
11 designs and practices relating to competing
products, time strategic litigation, focus their
12 patent prosecution strategies, or otherwise
unfairly compete with Google. It may also
13
place Google at an increased risk of
14 cybersecurity threats, as third parties may seek
to use the information to compromise
15 Google’s internal systems and operations
16 3. Dkt. 547
17
Documents Court’s Ruling on Motion Reason(s) for Court’s Ruling
18
Sought to be to Seal
19 Sealed
Exhibit A to the GRANTED as to redacted The information requested to be sealed
20 Order portions at: contains personal and private medical
information related to a Google employee,
21 which Google maintains as confidential in the
Pages 2-, 3
ordinary course of its business and is not
22
generally known to the public.
23
4. Dkt. 555 (see also Dkt. 581)
24
25 Documents Sought Court’s Ruling on Reason(s) for Court’s Ruling
to be Sealed Motion to Seal
26 Plaintiffs’ Motion to GRANTED as to The information requested to be sealed
Compel Deposition redacted portions at: contains Google’s confidential and
27
of Sundar Pichai proprietary information regarding sensitive
operations, including details related to
1
internal projects and their proprietary
2 functionalities, that Google maintains as
confidential in the ordinary course of its
3 business and is not generally known to the
public or Google’s competitors. Such
4 confidential and proprietary information
reveals Google’s internal strategies, and
5
business practices for operating and
6 maintaining many of its services. Public
disclosure of such confidential and
7 proprietary information could affect
Google’s competitive standing as
8 competitors may alter their systems and
practices relating to competing products. It
9
may also place Google at an increased risk
10 of cybersecurity threats, as third parties may
seek to use the information to compromise
11 Google’s internal practices relating to
competing products.
12 Ex. 1 (January 7, 2022 GRANTED as to The information requested to be sealed
Deposition Transcript redacted portions at: contains Google’s confidential and
13
of Deepak proprietary information regarding sensitive
14 Ravichandran) 6:19-21, 6:24-25, 7:18, features of Google’s internal systems and
7:20, 7:22, 8:14, 8:18, operations, including details related to
15 8:20, 9:7, 238:20, internal projects and their proprietary
238:25, 242:20, 243:17, functionalities, that Google maintains as
16
244:3, 244:3, 244:11, confidential in the ordinary course of its
17 244:16, 245:5-13, business and is not generally known to the
252:14 public or Google’s competitors. Such
18 confidential and proprietary information
reveals Google’s internal strategies, and
19 business practices for operating and
maintaining many of its services. Public
20
disclosure of such confidential and
21 proprietary information could affect
Google’s competitive standing as
22 competitors may alter their systems and
practices relating to competing products. It
23 may also place Google at an increased risk
of cybersecurity threats, as third parties may
24
seek to use the information to compromise
25 Google’s internal practices relating to
competing products.
26 Ex. 2 (February 8, GRANTED as to The information requested to be sealed
2022 Deposition redacted portions at: contains Google’s confidential and
27 Transcript of Chetna proprietary information regarding sensitive
66:8-24, 68:3, 69:10, operations, including details related to
1
69:22, 206:17-21, internal projects and their proprietary
2 225:3-4, 232:4, 232:14, functionalities, that Google maintains as
232:21, 233:3, 233:15 confidential in the ordinary course of its
3 business and is not generally known to the
public or Google’s competitors. Such
4 confidential and proprietary information
reveals Google’s internal strategies, and
5
business practices for operating and
6 maintaining many of its services. Public
disclosure of such confidential and
7 proprietary information could affect
Google’s competitive standing as
8 competitors may alter their systems and
practices relating to competing products. It
9
may also place Google at an increased risk
10 of cybersecurity threats, as third parties may
seek to use the information to compromise
11 Google’s internal practices relating to
competing products.
12 Ex. 3 (GOOG- GRANTED as to The information requested to be sealed
CABR-04004680) redacted portions at: contains Google’s confidential and
13
proprietary information regarding sensitive
14 Redacted in its entirety features of Google’s internal systems and
operations, including details related to
15 internal projects and their proprietary
functionalities and internal metrics, that
16
Google maintains as confidential in the
17 ordinary course of its business and is not
generally known to the public or Google’s
18 competitors. Such confidential and
proprietary information reveals Google’s
19 internal strategies, and business practices for
operating and maintaining many of its
20
services. Public disclosure of such
21 confidential and proprietary information
could affect Google’s competitive standing
22 as competitors may alter their systems and
practices relating to competing products. It
23 may also place Google at an increased risk
of cybersecurity threats, as third parties may
24
seek to use the information to compromise
25 Google’s internal practices relating to
competing products.
26 Ex. 4 (GOOG- GRANTED as to The information requested to be sealed
CABR-03751608) redacted portions at: contains Google’s confidential and
27 proprietary information regarding sensitive
operations, including details related to
1
internal projects and their proprietary
2 functionalities, that Google maintains as
confidential in the ordinary course of its
3 business and is not generally known to the
public or Google’s competitors. Such
4 confidential and proprietary information
reveals Google’s internal strategies, and
5
business practices for operating and
6 maintaining many of its services. Public
disclosure of such confidential and
7 proprietary information could affect
Google’s competitive standing as
8 competitors may alter their systems and
practices relating to competing products. It
9
may also place Google at an increased risk
10 of cybersecurity threats, as third parties may
seek to use the information to compromise
11 Google’s internal practices relating to
competing products.
12 Ex. 5 (GOOG- GRANTED as to The information requested to be sealed
CABR-03766440) redacted portions at: contains Google’s confidential and
13
proprietary information regarding sensitive
14 Redacted in its entirety features of Google’s internal systems and
operations, including details related to
15 internal projects and their proprietary
functionalities and internal metrics, that
16
Google maintains as confidential in the
17 ordinary course of its business and is not
generally known to the public or Google’s
18 competitors. Such confidential and
proprietary information reveals Google’s
19 internal strategies, and business practices for
operating and maintaining many of its
20
services. Public disclosure of such
21 confidential and proprietary information
could affect Google’s competitive standing
22 as competitors may alter their systems and
practices relating to competing products. It
23 may also place Google at an increased risk
of cybersecurity threats, as third parties may
24
seek to use the information to compromise
25 Google’s internal practices relating to
competing products.
26 Ex. 6 (GOOG- GRANTED as to The information requested to be sealed
CABR-05269598) redacted portions at: contains Google’s confidential and
27 proprietary information regarding sensitive
Pages 3, 9-13, 15, 18- operations, including details related to
1
20, 22-25, 27, 30-31, 33, internal projects and their proprietary
2 35 functionalities and internal metrics and
investigations of certain features, that
3 Google maintains as confidential in the
ordinary course of its business and is not
4 generally known to the public or Google’s
competitors. Such confidential and
5
proprietary information reveals Google’s
6 internal strategies, and business practices for
operating and maintaining many of its
7 services. Public disclosure of such
confidential and proprietary information
8 could affect Google’s competitive standing
as competitors may alter their systems and
9
practices relating to competing products. It
10 may also place Google at an increased risk
of cybersecurity threats, as third parties may
11 seek to use the information to compromise
Google’s internal practices relating to
12 competing products.
Ex. 7 (GOOG- GRANTED as to The information requested to be sealed
13
CABR-03767728) redacted portions at: contains Google’s confidential and
14 proprietary information regarding sensitive
Redacted in its entirety features of Google’s internal systems and
15 operations, including details related to
internal projects and their proprietary
16
functionalities, that Google maintains as
17 confidential in the ordinary course of its
business and is not generally known to the
18 public or Google’s competitors. Such
confidential and proprietary information
19 reveals Google’s internal strategies, and
business practices for operating and
20
maintaining many of its services. Public
21 disclosure of such confidential and
proprietary information could affect
22 Google’s competitive standing as
competitors may alter their systems and
23 practices relating to competing products. It
may also place Google at an increased risk
24
of cybersecurity threats, as third parties may
25 seek to use the information to compromise
Google’s internal practices relating to
26 competing products.
Ex. 8 (GOOG- GRANTED as to The information requested to be sealed
27 CALH-01026247) redacted portions at: contains Google’s confidential and
Redacted in its entirety features of Google’s internal systems and
1
operations, including details related to
2 internal projects and their proprietary
functionalities, that Google maintains as
3 confidential in the ordinary course of its
business and is not generally known to the
4 public or Google’s competitors. Such
confidential and proprietary information
5
reveals Google’s internal strategies, and
6 business practices for operating and
maintaining many of its services. Public
7 disclosure of such confidential and
proprietary information could affect
8 Google’s competitive standing as
competitors may alter their systems and
9
practices relating to competing products. It
10 may also place Google at an increased risk
of cybersecurity threats, as third parties may
11 seek to use the information to compromise
Google’s internal practices relating to
12 competing products.
Ex. 9 (GOOG- GRANTED as to The information requested to be sealed
13
CABR-03833103) redacted portions at: contains Google’s confidential and
14 proprietary information regarding sensitive
Redacted in its entirety features of Google’s internal systems and
15 operations, including details related to
internal projects and their proprietary
16
functionalities, that Google maintains as
17 confidential in the ordinary course of its
business and is not generally known to the
18 public or Google’s competitors. Such
confidential and proprietary information
19 reveals Google’s internal strategies, and
business practices for operating and
20
maintaining many of its services. Public
21 disclosure of such confidential and
proprietary information could affect
22 Google’s competitive standing as
competitors may alter their systems and
23 practices relating to competing products. It
may also place Google at an increased risk
24
of cybersecurity threats, as third parties may
25 seek to use the information to compromise
Google’s internal practices relating to
26 competing products.
Ex. 10 (GOOG- GRANTED as to The information requested to be sealed
27 CABR-03988269) redacted portions at: contains Google’s confidential and
Page 1 features of Google’s internal systems and
1
operations, including details related to
2 internal projects and their proprietary
functionalities, that Google maintains as
3 confidential in the ordinary course of its
business and is not generally known to the
4 public or Google’s competitors. Such
confidential and proprietary information
5
reveals Google’s internal strategies, and
6 business practices for operating and
maintaining many of its services. Public
7 disclosure of such confidential and
proprietary information could affect
8 Google’s competitive standing as
competitors may alter their systems and
9
practices relating to competing products. It
10 may also place Google at an increased risk
of cybersecurity threats, as third parties may
11 seek to use the information to compromise
Google’s internal practices relating to
12 competing products.
Ex. 11 (GOOG- GRANTED as to The information requested to be sealed
13
CABR-05383036) redacted portions at: contains Google’s confidential and
14 proprietary information regarding sensitive
Redacted in its entirety features of Google’s internal systems and
15 operations, including details related to
internal projects and their proprietary
16
functionalities, that Google maintains as
17 confidential in the ordinary course of its
business and is not generally known to the
18 public or Google’s competitors. Such
confidential and proprietary information
19 reveals Google’s internal strategies, and
business practices for operating and
20
maintaining many of its services. Public
21 disclosure of such confidential and
proprietary information could affect
22 Google’s competitive standing as
competitors may alter their systems and
23 practices relating to competing products. It
may also place Google at an increased risk
24
of cybersecurity threats, as third parties may
25 seek to use the information to compromise
Google’s internal practices relating to
26 competing products.
Ex. 12 (GOOG- GRANTED as to The information requested to be sealed
27 CABR-03983616) redacted portions at: contains Google’s confidential and
Redacted in its entirety features of Google’s internal systems and
1
operations, including details related to
2 internal projects and their proprietary
functionalities, that Google maintains as
3 confidential in the ordinary course of its
business and is not generally known to the
4 public or Google’s competitors. Such
confidential and proprietary information
5
reveals Google’s internal strategies, and
6 business practices for operating and
maintaining many of its services. Public
7 disclosure of such confidential and
proprietary information could affect
8 Google’s competitive standing as
competitors may alter their systems and
9
practices relating to competing products. It
10 may also place Google at an increased risk
of cybersecurity threats, as third parties may
11 seek to use the information to compromise
Google’s internal practices relating to
12 competing products.
13 5. Dkt. 557
14
Documents Court’s Ruling on Motion Reason(s) for Court’s Ruling
15
Sought to be to Seal
16 Sealed
February 28, GRANTED as to redacted The information requested to be sealed
17 2022 Hearing portions at: contains Google’s contains non-public,
Transcript sensitive confidential and proprietary
18
7:1, 7:11, 8:5-6, 8:12, business information that could affect
19 10:24, 11:14, 12:2-3, 12:5- Google’s competitive standing and may
7, 12:10, 12:23, 13:5, 18:5- expose Google to increased security risks if
20 6, 18:22-19:1, 19:3-4, publicly disclosed, including details related to
19:7-8, 20:16-17, 28:17, Google’s internal projects, identifiers, data
21 30:11, 31:20, 33:22-23, fields, dashboards, and logs and their
34:4-5, 34:18, 35:2, 37:17, proprietary functionalities, and internal
22
37:24, 38:14, 44:24, 45:6, investigations of features, which Google
23 45:14, 45:24, 46:7, 46:13- maintains as confidential in the ordinary
17, 46:25, 47:3, 47:21-22, course of its business and is not generally
24 48:3, 48:6-8, 48:10-12, known to the public or Google’s competitors.
48:20, 48:23-24, 49:3, Such confidential information reveals
25 49:6-7, 49:18, 49:22, Google’s internal strategy and systems
49:25, 50:2-4, 50:6-9, regarding various products and nonpublic
26
51:21-22, 52:6, 52:19, investigations thereto. Public disclosure of
27 52:21-22, 58:17-19, 58:25, such confidential information could affect
59:16, 59:21, 60:13, 65:24, Google’s competitive standing as competitors
relating to competing products, time strategic
1
litigation, focus their patent prosecution
2 strategies, or otherwise unfairly compete with
Google. It may also place Google at an
3 increased risk of cybersecurity threats, as
third parties may seek to use the information
4 to compromise Google’s internal systems and
operations.
5
6. Dkt. 559 (see also Dkt. 583)
6
7
Documents Court’s Ruling on Reason(s) for Court’s Ruling
8 Sought to be Motion to Seal
Sealed
9 Joint Submission GRANTED as to Narrowly tailored to protect confidential
in Response to redacted portions at: technical information regarding sensitive
10
Sealed Order at features of Google’s internal systems and
Dkt. 523 re: Status Pages 3-4, 6, 9-11, 15, operations, including the various types of
11
of Fact Discovery 17-18, 20-22 data sources which include information
12 Disputes related to Google’s data logs, internal data
structures, internal identifiers and their
13 proprietary functions, that Google
maintains as confidential in the ordinary
14
course of its business and is not generally
15 known to the public or Google’s
competitors.
16
17 Exhibit A - re: GRANTED as to Narrowly tailored to protect confidential
Priority RFPs redacted portions at: technical information regarding sensitive
18 features of Google’s internal systems and
Pages 10-12, 23, 26-27, operations, including the various types of
19 30-31, 35, 38 data sources which include information
related to Google’s data logs, internal data
20
structures, internal identifiers and their
21 proprietary functions, that Google
maintains as confidential in the ordinary
22 course of its business and is not generally
known to the public or Google’s
23 competitors.
Exhibit B – re: GRANTED as to Narrowly tailored to protect confidential
24
Interrogatories redacted portions at: technical information regarding sensitive
25 features of Google’s internal systems and
Pages 2-5, 7-10, 14-16, operations, including the various types of
26 22-24, 26 data sources which include information
related to Google’s data logs, internal data
27 structures, internal identifiers and their
maintains as confidential in the ordinary
1
course of its business and is not generally
2 known to the public or Google’s
competitors.
3
7. Dkt. 566
4
5 Documents Court’s Ruling on Reason(s) for Court’s Ruling
Sought to be Motion to Seal
6 Sealed
Opposition to GRANTED as to The information requested to be sealed contains
7
Plaintiffs’ Motion redacted portions at: Google’s confidential and proprietary information
8 to Compel regarding sensitive features of Google’s internal
Deposition of 2:13-14, 2:19-20, systems and operations, including various types of
9 Sundar Pichai 2:22, 2:23, 2:28, 3:2 Google’s internal projects and their proprietary
functionalities, that Google maintains as
10
confidential in the ordinary course of its business
and is not generally known to the public or
11
Google’s competitors. Such confidential and
12 proprietary information reveals Google’s internal
strategies, system designs, and business practices
13 for operating and maintaining many of its
services. Public disclosure of such confidential
14
and proprietary information could affect Google’s
15 competitive standing as competitors may alter
their systems and practices relating to competing
16 products. It may also place Google at an increased
risk of cybersecurity threats, as third parties may
17 seek to use the information to compromise
Google’s internal practices relating to competing
18
products.
19
8. Dkt. 593
20
21 Documents Court’s Ruling on Reason(s) for Court’s Ruling
Sought to be Motion to Seal
22 Sealed
First Order on GRANTED as to Narrowly tailored to protect confidential technical
23 March 11, 2022 redacted portions at: information regarding sensitive features of
Joint Discovery Google’s internal systems and operations,
24
Dispute Chart PDF pages 4-5, 7, 10- including details related to internal projects, data
25 (Dkt. 565) 12, 16, 19-23 signals, and logs and their proprietary
functionalities, that Google maintains as
26 confidential in the ordinary course of its business
and is not generally known to the public or
27
Google’s competitors.
I Second Order | GRANTED as to Narrowly tailored to protect confidential technical
March 11, 2022 redacted portions at: | information regarding sensitive features of
2 Joint Discovery Google’s internal systems and _ operations,
Dispute Chart PDF pages 5-6, 8, 13- | including details related to internal projects, data
3 (Dkt. 579) 15, 21, 25-27, 29-30, | signals, and logs their proprietary
32-33, 40, 45-47, 58, | functionalities, that Google maintains as
4 61-62, 65-66, 70, 73, | confidential in the ordinary course of its business
5 75-78, 80-83, 87-89, | and is not generally known to the public or
95-97, 99 Google’s competitors.
6 9. Dkt. 598
4
8 Documents Sought to be Court’s Ruling on Motion to Reason(s) for Court’s
Sealed Seal Ruling
9 Joint Submission re Clawback | GRANTED as to redacted | The information requested to be
Dispute (Dispute 1.34) portions at: sealed contains quotes from and
10 summaries of attorney-client
ul 4:10-16, 4:21 communications and was
submitted to facilitate the
Court’s in camera review of
12 .
Google’s privilege claims.
413
10. Dkt. 611
14
3 15 Documents Court’s Ruling on Reason(s) for Court’s Ruling
Sought to be Motion to Seal
16 Sealed
Special Master’s | GRANTED as to redacted | Narrowly tailored to protect confidential
Report and | portions of Exhibit A to | technical information regarding sensitive
18 Recommendations | Special Master Report re | features of Google’s internal systems and
on Referred | Preservation Plan at: operations, including various types of
19 Discovery Issues Google’s internal projects, data signals,
(Preservation Pages 2-3 and logs and their proprietary
20 Plan) (Dkt. 604) functionalities, that Google maintains as
confidential in the ordinary course of its
21 . .
business and is not generally known to the
2 public or Google’s competitors.
23
24 SO ORDERED.
25 |! Dated: April 14, 2022
26 Suan aa Kul
27 SUSAN VAN KEULEN
United States Magistrate Judge
28