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-YGR (SVK)
8 Plaintiffs, ORDER ON ADMINISTRATIVE
MOTIONS FOR LEAVE TO FILE
9 v. UNDER SEAL
10 GOOGLE LLC, Re: Dkt. Nos. 543, 545, 558, 560, 573, 586,
592
11 Defendant.
12 Before the Court are several administrative motions to file under seal materials associated
13 with discovery disputes in this case. Dkt. 543, 545, 558, 560, 573, 586, 592; see also Dkt. 555,
14 570, 584.
15 Courts recognize a “general right to inspect and copy public records and documents,
16 including judicial records and documents.” Kamakana v. City & Cnty. Of Honolulu, 447 F.3d
17 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc., 435 U.S. 589, 597 & n.7
18 (1978)). A request to seal court records therefore starts with a “strong presumption in favor of
19 access.” Kamakana, 447 F.3d at 1178 (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d
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
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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. 543
8
Document Court’s Ruling on Reason(s) for Court’s Ruling
9
Sought to be Motion to Seal
10 Sealed
Google LLC’s GRANTED as to the The information requested to be sealed contains
11 Objections to portions at: Google’s confidential and proprietary information
Special Master’s regarding sensitive features of Google’s internal
12 Report and Pages: 3:2-4, 3:7-12, systems and operations, including various types of
Recommendation 3:14-15, 4:1-9, 4:13- Google’s internal projects, data signals, and logs
13
on Referred 14, 4:18-19, 5:4-5, and their proprietary functionalities, that Google
14 Discovery Issues 5:11-13, 5:16-17, maintains as confidential in the ordinary course of
(Preservation 6:2-3, 6:8-9, 6:13- its business and is not generally known to the public
15 Plan) 14, 7:2-3, 7:6-7, or Google’s competitors. Such confidential and
7:11-12, 7:16-17, proprietary information reveals Google’s internal
16 8:1-2, 8:6-7, 8:11- strategies, system designs, and business practices
12, 9:1, 9:5-6, 9:9- for operating and maintaining many of its services.
17
10, 9:14-16, 10:1, Public disclosure of such confidential and
18 10:8-10, 10:13-14, proprietary information could affect Google’s
10:17-19; 11:3-14, competitive standing as competitors may alter their
19 11:16, 11:18-19, systems and practices relating to competing
12:1-4, 12:7, 12:11- products. It may also place Google at an increased
20 14, 13:1-2, 13:7-8, risk of cybersecurity threats, as third parties may
13:14-16, 14:1, seek to use the information to compromise
21
14:5-15 Google’s internal practices relating to competing
22 products.
23
2. Dkt. 545 (see also Dkt. 555)
24
25 Document Court’s Ruling on Reason(s) for Court’s Ruling
Sought to be Motion to Seal
26 Sealed
Plaintiffs’ GRANTED as to the The information requested to be sealed contains
27
Objections to the portions at: Google’s confidential and proprietary information
Report and Pages 1-3, 5-6 systems and operations, including various types of
1 Orders on Google’s internal projects, identifiers, data signals,
2 Referred and logs, and their proprietary functionalities, as
Discovery well as internal metrics, that Google maintains as
3 Disputes confidential in the ordinary course of its business
and is not generally known to the public or
4 Google’s competitors. Such confidential and
proprietary information reveals Google’s internal
5
strategies, system designs, and business practices
6 for operating and maintaining many of its services.
Public disclosure of such confidential and
7 proprietary information could affect Google’s
competitive standing as competitors may alter their
8 systems and practices relating to competing
products. It may also place Google at an increased
9
risk of cybersecurity threats, as third parties may
10 seek to use the information to compromise
Google’s internal practices relating to competing
11 products.
12 Exhibit 1 to GRANTED as to the The information requested to be sealed contains
Declaration of portions at: Google’s confidential and proprietary information
13
Mark C. Mao in regarding sensitive features of Google’s internal
14 Support of Pages 123:6-7, 173:4, systems and operations, including various types of
Plaintiffs’ 174:15, 174:24 Google’s internal projects, identifiers, and their
15 Objections to the proprietary functionalities, that Google maintains
Special Master’s as confidential in the ordinary course of its business
16
Recommended and is not generally known to the public or
17 Preservation Plan Google’s competitors. Such confidential and
proprietary information reveals Google’s internal
18 strategies, system designs, and business practices
for operating and maintaining many of its services.
19 Public disclosure of such confidential and
proprietary information could affect Google’s
20
competitive standing as competitors may alter their
21 systems and practices relating to competing
products. It may also place Google at an increased
22 risk of cybersecurity threats, as third parties may
seek to use the information to compromise
23 Google’s internal practices relating to competing
products.
24
Declaration of GRANTED as to the The information requested to be sealed contains
25 Christopher portions at: Google’s confidential and proprietary information
Thompson in regarding sensitive features of Google’s internal
26 Support of PDF Pages 3:21-22, systems and operations, including various types of
Plaintiffs’ 4:1, 4:3-4, 4:14, 4:26 Google’s internal projects, data signals, and logs,
27 Objections to the and their proprietary functionalities, as well as
Recommended confidential in the ordinary course of its business
1
Preservation Plan and is not generally known to the public or
2 Google’s competitors. Such confidential and
proprietary information reveals Google’s internal
3 strategies, system designs, and business practices
for operating and maintaining many of its services.
4 Public disclosure of such confidential and
proprietary information could affect Google’s
5
competitive standing as competitors may alter their
6 systems and practices relating to competing
products. It may also place Google at an increased
7 risk of cybersecurity threats, as third parties may
seek to use the information to compromise
8 Google’s internal practices relating to competing
products.
9
Exhibit A to GRANTED as to the The information requested to be sealed contains
10 Thompson portions at: Google’s confidential and proprietary information
Declaration regarding sensitive features of Google’s internal
11 Sealed in entirety systems and operations, including various types of
Google’s internal projects, identifiers, data signals,
12 and logs, and their proprietary functionalities, as
well as internal metrics, that Google maintains as
13
confidential in the ordinary course of its business
14 and is not generally known to the public or
Google’s competitors. Such confidential and
15 proprietary information reveals Google’s internal
strategies, system designs, and business practices
16
for operating and maintaining many of its services.
17 Public disclosure of such confidential and
proprietary information could affect Google’s
18 competitive standing as competitors may alter their
systems and practices relating to competing
19 products. It may also place Google at an increased
risk of cybersecurity threats, as third parties may
20
seek to use the information to compromise
21 Google’s internal practices relating to competing
products.
22 Exhibit B to GRANTED as to the The information requested to be sealed contains
Thompson portions at: Google’s confidential and proprietary information
23 Declaration regarding sensitive features of Google’s internal
Sealed in entirety systems and operations, including various types of
24
Google’s internal projects, identifiers, data signals,
25 and logs, and their proprietary functionalities, as
well as internal metrics, 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. Such confidential and
strategies, system designs, and business practices
1
for operating and maintaining many of its services.
2 Public disclosure of such confidential and
proprietary information could affect Google’s
3 competitive standing as competitors may alter their
systems and practices relating to competing
4 products. It may also place Google at an increased
risk of cybersecurity threats, as third parties may
5
seek to use the information to compromise
6 Google’s internal practices relating to competing
products.
7
3. Dkt. 558
8
9 Document Court’s Ruling on Reason(s) for Court’s Ruling
Sought to be Motion to Seal
10 Sealed
Google’s GRANTED as to the The information requested to be sealed contains
11
Responses to portions at: Google’s confidential and proprietary information
12 Plaintiff’s regarding sensitive features of Google’s internal
Objections to Pages: 2:7-8, 2:26- systems and operations, including various types of
13 Special Master’s 27, 3:4-7, 3:22-24, Google’s internal projects, data signals, and logs
Report and 4:5, 5:14, 5:25-27, and their proprietary functionalities, that Google
14
Recommendation 6:10-11, 6:14, 6:17, maintains as confidential in the ordinary course of
15 on Referred 6:19-21, 7:2-5 its business and is not generally known to the public
Discovery Issues or Google’s competitors. Such confidential and
16 (Preservation proprietary information reveals Google’s internal
Plan) strategies, system designs, and business practices
17 for operating and maintaining many of its services.
Public disclosure of such confidential and
18
proprietary information could affect Google’s
19 competitive standing as competitors may alter their
systems and practices relating to competing
20 products. It may also place Google at an increased
risk of cybersecurity threats, as third parties may
21 seek to use the information to compromise
Google’s internal practices relating to competing
22
products.
23 Trebicka Exhibit GRANTED as to the The information requested to be sealed contains
1 portions at: Google’s confidential and proprietary information
24 regarding sensitive features of Google’s internal
Redacted in its systems and operations, including various types of
25 Entirety Google’s internal projects, data signals, and logs
and their proprietary functionalities, that Google
26
maintains as confidential in the ordinary course of
27 its business and is not generally known to the public
or Google’s competitors. Such confidential and
strategies, system designs, and business practices
1
for operating and maintaining many of its services.
2 Public disclosure of such confidential and
proprietary information could affect Google’s
3 competitive standing as competitors may alter their
systems and practices relating to competing
4 products. It may also place Google at an increased
risk of cybersecurity threats, as third parties may
5
seek to use the information to compromise
6 Google’s internal practices relating to competing
products.
7 Declaration of GRANTED as to the The information requested to be sealed contains
Richard Harting portions at: Google’s confidential and proprietary information
8 regarding sensitive features of Google’s internal
Pages: 1:22-23, 2:3- systems and operations, including various types of
9
6, 2:8-10, 2:13-26, Google’s internal projects, data signals, and logs
10 2:28, 3:1-7, 3:10-12, and their proprietary functionalities, that Google
3:14-15 maintains as confidential in the ordinary course of
11 its business and is not generally known to the
public or Google’s competitors. Such confidential
12 and proprietary information reveals Google’s
internal strategies, system designs, and business
13
practices for operating and maintaining many of its
14 services. Public disclosure of such confidential 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
17 risk of cybersecurity threats, as third parties may
seek to use the information to compromise
18 Google’s internal practices relating to competing
products.
19
4. Dkt. 560 (see also Dkt. 570)
20
21 Document Court’s Ruling on Reason(s) for Court’s Ruling
Sought to be Motion to Seal
22
Sealed
23 Plaintiffs’ GRANTED as to the The information requested to be sealed contains
Response to portions at: Google’s confidential and proprietary information
24 Google’s regarding sensitive features of Google’s internal
Objections to Pages 2-5 systems and operations, including various types of
25 Special Master Google’s internal projects, identifiers, and logs
Brush Report and their proprietary functionalities, that Google
26
maintains as confidential in the ordinary course of
27 its business and is not generally known to the
public or Google’s competitors. Such confidential
internal strategies, system designs, and business
1
practices for operating and maintaining many of its
2 services. Public disclosure of such confidential and
proprietary information could affect Google’s
3 competitive standing as competitors may alter
their systems and practices relating to competing
4 products. It may also place Google at an increased
risk of cybersecurity threats, as third parties may
5
seek to use the information to compromise
6 Google’s internal practices relating to competing
products.
7 Thompson GRANTED as to the The information requested to be sealed contains
Declaration portions at: Google’s confidential and proprietary information
8 regarding sensitive features of Google’s internal
Pages 1:19, 1:21, systems and operations, including various types of
9
1:24-26, 2:1-2, 2:6, Google’s internal projects, identifiers, data signals,
10 2:12, 2:15-17, 2:25, and logs and their proprietary functionalities, that
2:27, 3:18, 3:21, 3:28, Google maintains as confidential in the ordinary
11 4:2, 4:5-6, 4:12-13, course of its business and is not generally known
4:16
to the public or Google’s competitors. Such
12 confidential and proprietary information reveals
Google’s internal strategies, system designs, and
13
business practices for operating and maintaining
14 many of its services. Public disclosure of such
confidential and proprietary information could
15 affect Google’s competitive standing as
competitors may alter their systems and practices
16
relating to competing products. It may also place
17 Google at an increased risk of cybersecurity
threats, as third parties may seek to use the
18 information to compromise Google’s internal
practices relating to competing products.
19
5. Dkt. 573 (see also Dkt. 584)
20
21 Document Court’s Ruling on Reason(s) for Court’s Ruling
Sought to be Motion to Seal
22
Sealed
23 Plaintiffs’ GRANTED as to the The information requested to be sealed contains
Response to portions at: Google’s confidential and proprietary information
24 Google’s regarding sensitive features of Google’s internal
Submission Re: Pages 2:6-7 systems and operations, including logs and their
25 Privilege Re- proprietary functionalities, that Google maintains
Review (Dkt. as confidential in the ordinary course of its
26
566) business and is not generally known to the public
27 or Google’s competitors. Such confidential and
proprietary information reveals Google’s internal
for operating and maintaining many of its services.
1
Public disclosure of such confidential and
2 proprietary information could affect Google’s
competitive standing as competitors may alter
3 their systems and practices relating to competing
products. It may also place Google at an increased
4 risk of cybersecurity threats, as third parties may
seek to use the information to compromise
5
Google’s internal practices relating to competing
6 products.
7 6. Dkt. 586
8
Document Court’s Ruling on Reason(s) for Court’s Ruling
9 Sought to be Motion to Seal
Sealed
10
March 17, 2022 GRANTED as to The information requested to be sealed contains
Hearing redacted portions at: Google’s confidential and proprietary information,
11
Transcript including details related to Google’s internal
12 Pages 13:7, 13:24- systems, projects, identifiers, and their proprietary
14:1, 14:5, 14:10, functions, that Google maintains as confidential in
13 14:14, 14:22, 14:24, the ordinary course of its business and is not
15:3 generally known to the public or Google’s
14
competitors. Such confidential and proprietary
15 information reveals Google’s internal strategies,
system designs, and business practices for
16 operating and maintaining many of its services,
and falls within the protected scope of the
17 Protective Order entered in this action. See Dkt. 81
at 2-3. Public disclosure of such confidential and
18
proprietary information could affect Google’s
19 competitive standing as competitors may alter
their systems and practices relating to competing
20 products. It may also place Google at an increased
risk of cybersecurity threats, as third parties may
21 seek to use the information to compromise
Google’s internal practices relating to competing
22
products.
23 March 17, 2022 GRANTED as to The information requested to be sealed contains
Hearing redacted portions at: sensitive medical information.
24 Transcript
4:15-17
25
26
27
7. Dkt. 592
2 Reason(s) for Court’s Ruling
3 Sought to be Motion to Seal
Sealed
4 Order Adopting in | GRANTED as__to | Narrowly tailored to protect confidential technical
Part and | Portions of Order at: | information regarding sensitive features of
5 Modifying In Part Google’s internal systems and operations,
the Special | Pages 7:20-21, 7:23- | including various types of Google’s internal
6 Master’s Report | 25, 8:14 projects, data signals, and logs and their
7 and proprietary functionalities, that Google maintains
Recommendation | GRANTED §as_ to | as confidential in the ordinary course of its
8 on Referred | Portions of Exhibit | business and is not generally known to the public
Discovery Issues | A to Order at: or Google’s competitors. Such confidential and
9 re Preservation proprietary information reveals Google’s internal
10 Plan (Dkt. 587) Pages 2-3 strategies, system designs, and business practices
for operating and maintaining many of its services.
11 Public disclosure of such confidential and
proprietary information could affect Google’s
12 competitive standing as competitors may alter
their systems and practices relating to competing
13 products. It may also place Google at an increased
14 risk of cybersecurity threats, as third parties may
seek to use the information to compromise
B15 Google’s internal practices relating to competing
products.
Q 16
17
SO ORDERED.
Z 18
Dated: June 21, 2022
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20 St Sse Ip Kul
21 SUSAN VAN KEULEN
United States Magistrate Judge
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