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 GRANTING
9 v. ADMINISTRATIVE MOTIONS FOR
LEAVE TO FILE UNDER SEAL
10 GOOGLE LLC,
Re: Dkt. Nos. 786, 793, 803, 809, 812
11 Defendant.
12 Before the Court are administrative motions to file under seal materials associated with
13 discovery disputes in this case. Dkt. 786, 793, 803, 809, 812; see also Dkt. 820, 825.
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.
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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. 786
8
Document Sought to Court’s Ruling on Reason(s) for Court’s Ruling
9
be Sealed Motion to Seal
10 Google LLC’s GRANTED as to the The information requested to be sealed
Administrative Motion portions at: contains Google’s confidential and
11 Updating the Court on its proprietary information regarding sensitive
Preservation Efforts and Pages 1:16-25, 2:2-18, features of Google’s internal systems and
12 Seeking Relief from the 3:2-6, 3:9-19, 4:4-13, operations, including internal projects, data
July 30 Deadline
4:15, 4:19-27, 5:4-13, signals, and logs, and their proprietary
13 Imposed by the July 15,
5:17-18, 5:27 functionalities, that Google maintains as
2022 Preservation Order
14 (Dkt 766) confidential in the ordinary course of its
business and is not generally known to the
15 public or Google’s competitors. Such
confidential and proprietary information
16 reveals Google’s internal strategies, system
designs, and business practices for operating
17
and maintaining many of its services. Public
18 disclosure of such confidential and
proprietary information could affect Google’s
19 competitive standing as competitors may alter
their systems and practices relating to
20 competing products. It may also place Google
at an increased risk of cybersecurity threats,
21
as third parties may seek to use the
22 information to compromise Google’s internal
practices relating to competing products.
23 Proposed Order Granting GRANTED as to the The information requested to be sealed
Google’s Administrative portions at: contains Google’s confidential and
24 Motion Seeking Relief proprietary information regarding sensitive
25 f Dro eam d lineth Ie m poJ su edly b y t3 h0 e Page 2:11-12 f oe pa et ru ar te is o no s,f G ino co lug dle in’s g in it ne tr en ra nl a l sys lote gm s,s ta hn ad t
July 15, 2022
26 Google maintains as confidential in the
Preservation Order
ordinary course of its business and is not
(DKT. 766)
27 generally known to the public or Google’s
proprietary information reveals Google’s
1
internal strategies, system designs, and
2 business practices for operating and
maintaining many of its services. Public
3 disclosure of such confidential and
proprietary information could affect Google’s
4 competitive standing as competitors may alter
their systems and practices relating to
5
competing products. It may also place Google
6 at an increased risk of cybersecurity threats,
as third parties may seek to use the
7 information to compromise Google’s internal
practices relating to competing products.
8 Declaration of Benjamin GRANTED as to the The information requested to be sealed
Kornacki portions at: contains Google’s confidential and
9
proprietary information regarding sensitive
10 Pages 1:23, 1:27-28, features of Google’s internal systems and
2:1-6, 2:8, 2:10-24, operations, including internal projects, data
11 3:6-12, 3:15, 3:17 signals, and logs, and their proprietary
functionalities, that Google maintains as
12 confidential in the ordinary course of its
business and is not generally known to the
13
public or Google’s competitors. Such
14 confidential and proprietary information
reveals Google’s internal strategies, system
15 designs, and business practices for operating
and maintaining many of its services. Public
16
disclosure of such confidential and
17 proprietary information could affect Google’s
competitive standing as competitors may alter
18 their systems and practices relating to
competing products. It may also place Google
19 at an increased risk of cybersecurity threats,
as third parties may seek to use the
20
information to compromise Google’s internal
21 practices relating to competing products.
22 2. Dkt. 793
23
Document Sought to Court’s Ruling on Reason(s) for Court’s Ruling
24 be Sealed Motion to Seal
Google LLC’s GRANTED as to the The information requested to be sealed
25 Supplement to portions at: contains Google’s confidential and
Administrative Motion proprietary information regarding sensitive
26 Updating the Court on its Pages 1:21, 1:23, features of Google’s internal systems and
27 Preservation Efforts and 1:28, 2:11-12, 3:2- operations, including various types of
Seeking Relief from the
24,4:2-3. Google’s internal logs and data signals, that
2022 Preservation Order ordinary course of its business and is not
1 (Dkt 766) generally known to the public or Google’s
2 competitors. Such confidential and
proprietary information reveals Google’s
3 internal strategies, system designs, and
business practices for operating and
4 maintaining many of its services. Public
disclosure of such confidential and
5
proprietary information could affect Google’s
6 competitive standing as competitors may alter
their systems and practices relating to
7 competing products. It may also place Google
at an increased risk of cybersecurity threats,
8 as third parties may seek to use the
information to compromise Google’s internal
9
practices relating to competing products.
10
3. Dkt. 803; see also Dkt. 820
11
12 Document Sought to Court’s Ruling on Reason(s) for Court’s Ruling
be Sealed Motion to Seal
13 Plaintiffs’ Response to GRANTED as to the The information requested to be sealed
Google’s portions at: contains Google’s confidential and
14
Administrative proprietary information regarding sensitive
15 Motion for Relief Pages 2:19, 2:22, features of Google’s internal systems and
(Dkt. No. 787) from 2:26, 3:9, 3:22-24, operations, including various types of
16 the Court’s Modified 4:9-10, 4:15, 4:20-21, Google’s internal projects, data signals, and
Preservation Plan 4:23, 4:26-27, 5:5-6, logs, and their proprietary functionalities, that
17 (Dkt. No. 766) 5:9-10, 5:12-15, 5:23, Google maintains as confidential in the
6:3, 6:5, 6:7, 6:10-11, ordinary course of its business and is not
18
6:13, 6:20-28 generally known to the public or Google’s
19 competitors. Such confidential and
proprietary information reveals Google’s
20 internal strategies, system designs, and
business practices for operating and
21 maintaining many of its services. Public
disclosure of such confidential and
22
proprietary information could affect Google’s
23 competitive standing as competitors may alter
their systems and practices relating to
24 competing products. It may also place Google
at an increased risk of cybersecurity threats,
25 as third parties may seek to use the
information to compromise Google’s internal
26
practices relating to competing products.
27
4. Dkt. 809; see also Dkt. 825
1
2 Document Sought to Court’s Ruling on Reason(s) for Court’s Ruling
be Sealed Motion to Seal
3
Plaintiffs’ GRANTED as to the The information requested to be sealed
4 Administrative portions at: contains Google’s confidential and
Motion to Clarify the proprietary information regarding sensitive
5 Court’s Modified Pages 3:8, 3:12, 3:17- features of Google’s internal systems and
Preservation Plan 26, 4:4-6 operations, including various types of
6
Dated July 15, 2022 Google’s internal projects, data signals and
7 (Dkt. No. 766) their proprietary functionalities, that Google
Regarding Definition maintains as confidential in the ordinary
8 of “Express” Sync course of its business and is not generally
State Fields known to the public or Google’s competitors.
9 Such confidential and proprietary information
reveals Google’s internal strategies, system
10
designs, and business practices for and
11 maintaining many of its services. Public
disclosure of such confidential and
12 proprietary information could affect Google’s
competitive standing as competitors may alter
13 their systems and practices relating to
competing products. It may also place Google
14
at an increased risk of cybersecurity threats,
15 as third parties may seek to use the
information to compromise Google’s internal
16 practices relating to competing products.
[Proposed] Order GRANTED as to the The information requested to be sealed
17 Clarifying the Court’s portions at: contains Google’s confidential and
Modified Preservation proprietary information regarding sensitive
18
Plan Dated July 15, Page 1:22-28 features of Google’s internal systems and
19 2022 [Dkt. 766] operations, including various types of
Google’s internal projects, data signals and
20 their proprietary functionalities, that Google
maintains as confidential in the ordinary
21 course of its business and is not generally
known to the public or Google’s competitors.
22
Such confidential and proprietary information
23 reveals Google’s internal strategies, system
designs, and business practices for operating
24 and maintaining many of its services. Public
disclosure of such confidential and
25
proprietary information could affect Google’s
competitive standing as competitors may alter
26
their systems and practices relating to
27 competing products. It may also place Google
at an increased risk of cybersecurity threats,
information to compromise Google’s internal
1
practices relating to competing products.
2
5. Dkt. 812
3
Document Sought Court’s Ruling on Reason(s) for Court’s Ruling
4 to be Sealed Motion to Seal
Google’s Opposition GRANTED as to the The information requested to be sealed
5 portions at: contains Google’s confidential and
proprietary information regarding sensitive
6
Page 2 Lines 21, 26, 27 features of Google’s internal systems and
7 Page 3 Lines 11, 14 operations, including logs, and their
proprietary functionalities, that Google
8 maintains as confidential in the ordinary
course of its business and is not generally
9
known to the public or Google’s competitors.
Such confidential and proprietary
10
information reveals Google’s internal
11 strategies, system designs, and business
practices for operating and maintaining many
12 of its services. Public disclosure of such
confidential and proprietary information
13
could affect Google’s competitive standing as
14 competitors may alter their systems and
practices relating to competing products. It
15 may also place Google at an increased risk of
cybersecurity threats, as third parties may
16 seek to use the information to compromise
Google’s internal practices relating to
17
competing products.
18 Exhibit A GRANTED as to the The information requested to be sealed
portions at: contains Google’s confidential and
19 proprietary information regarding sensitive
Pages 6, 7 features of Google’s internal systems and
20 operations, including logs, and their
proprietary functionalities, that Google
21
maintains as confidential in the ordinary
22 course of its business and is not generally
known to the public or Google’s competitors.
23 Such confidential and proprietary
information reveals Google’s internal
24 strategies, system designs, and business
practices for operating and maintaining many
25
of its services. Public disclosure of such
26 confidential and proprietary information
could affect Google’s competitive standing as
27 competitors may alter their systems and
I cybersecurity threats, as third parties may
seek to use the information to compromise
2 Google’s internal practices relating to
competing products.
3 SO ORDERED.
4
Dated: August 12, 2022
5
° Sessoen yerKl
7 SUSAN VAN KEULEN
United States Magistrate Judge
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