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
9 v. MOTIONS FOR LEAVE TO FILE
UNDER SEAL
10 GOOGLE LLC,
Re: Dkt. Nos. 634, 653, 677
11 Defendant.
12 Before the Court are administrative motions for leave to file under seal materials
13 associated with discovery disputes in this case. Dkt. 634, 653, 677; see also Dkt. 684, 690
14 (declarations in support of sealing motions).
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
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. 634; see also Dkt. 684
8 Document Sought to be Court’s Ruling on Reason(s) for Court’s Ruling
Sealed Motion to Seal
9
Plaintiffs’ Renewed Request GRANTED as to The information requested to be sealed
10 to Depose Google CEO the portions at: contains Google’s confidential and
Sundar Pichai
proprietary information regarding
11 Pages: 2:22-27, 3:1, sensitive features of Google’s internal
12 3:3, 3:7-9 systems and operations, including
Google’s internal projects and
13 identifiers, that Google maintains as
confidential in the ordinary course of its
14 business and is not generally known to
the public or Google’s competitors. Such
15 confidential and proprietary information
reveals Google’s internal strategies,
16
system designs, and business practices
17 for operating and maintaining many of its
services. Public disclosure of such
18 confidential and proprietary information
could affect Google’s competitive
19 standing as competitors may alter their
systems and practices relating to
20
competing products. It may also place
21 Google at an increased risk of
cybersecurity threats, as third parties may
22 seek to use the information to
compromise Google’s internal practices
23 relating to competing products.
Exhibit A to Baeza GRANTED as to The information requested to be sealed
24
Declaration (GOOG-CABR- the portions at: contains Google’s confidential and
25 05468324) proprietary information regarding
Seal Entirely sensitive features of Google’s internal
26 systems and operations, including
various types of Google’s internal
27 projects, identifiers, and their proprietary
confidential in the ordinary course of its
1
business and is not generally known to
2 the public or Google’s competitors. Such
confidential and proprietary information
3 reveals Google’s internal strategies,
system designs, and business practices
4 for operating and maintaining many of its
services. Public disclosure of such
5
confidential and proprietary information
6 could affect Google’s competitive
standing as competitors may alter their
7 systems and practices relating to
competing products. It may also place
8 Google at an increased risk of
cybersecurity threats, as third parties may
9
seek to use the information to
10 compromise Google’s internal practices
relating to competing products.
11 Exhibit E to Baeza GRANTED as to The information requested to be sealed
Declaration (Deposition of the portions at: contains Google’s confidential and
12 Chris Palmer) proprietary information regarding
Pages: 113:13-14, sensitive features of Google’s internal
13
187:17, 188:2, systems and operations, including
14 188:7, 188:17, Google’s internal projects, identifiers,
188:23, 189:2, and their proprietary functionalities, that
15 189:6, 189:9, Google maintains as confidential in the
189:14, 189:18-21 ordinary course of its business and is not
16
generally known to the public or
17 Google’s competitors. Such confidential
and proprietary information reveals
18 Google’s internal strategies, system
designs, and business practices for
19 operating and maintaining many of its
services. See Dkt. 81 at 2-3. 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.
23 It may also place Google at an increased
risk of cybersecurity threats, as third
24
parties may seek to use the information
25 to compromise Google’s internal
practices relating to competing products.
26 Exhibit G to Baeza GRANTED as to The information requested to be sealed
Declaration (GOOG-BRWN- the portions at: contains Google’s confidential and
27 00391231) proprietary information regarding
systems and operations, including
1
Google’s internal projects and
2 identifiers, 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,
5
system designs, and business practices
6 for operating and maintaining many of its
services. Public disclosure of such
7 confidential and proprietary information
could affect Google’s competitive
8 standing as competitors may alter their
systems and practices relating to
9
competing products. It may also place
10 Google at an increased risk of
cybersecurity threats, as third parties may
11 seek to use the information to
compromise Google’s internal practices
12 relating to competing products.
Exhibit H to Baeza GRANTED as to The information requested to be sealed
13 Declaration (GOOG-CABR- the portions at: contains Google’s confidential and
04971903)
14 proprietary information regarding
Page: -903 sensitive features of Google’s internal
15 systems and operations, including
Google’s internal projects and
16
identifiers, that Google maintains as
17 confidential in the ordinary course of its
business and is not generally known to
18 the public or Google’s competitors. Such
confidential and proprietary information
19 reveals Google’s internal strategies,
system designs, and business practices
20
for operating and maintaining many of its
21 services. Public disclosure of such
confidential and proprietary information
22 could affect Google’s competitive
standing as competitors may alter their
23 systems and practices relating to
competing products. It may also place
24
Google at an increased risk of
25 cybersecurity threats, as third parties may
seek to use the information to
26 compromise Google’s internal practices
relating to competing products.
27 Exhibit L to Baeza GRANTED as to The information requested to be sealed
proprietary information regarding
1 Page: -831 sensitive features of Google’s internal
2 systems and operations, including
Google’s internal projects and
3 identifiers, that Google maintains as
confidential in the ordinary course of its
4 business and is not generally known to
the public or Google’s competitors. Such
5
confidential and proprietary information
6 reveals Google’s internal strategies,
system designs, and business practices
7 for operating and maintaining many of its
services. Public disclosure of such
8 confidential and proprietary information
could affect Google’s competitive
9
standing as competitors may alter their
10 systems and practices relating to
competing products. It may also place
11 Google at an increased risk of
cybersecurity threats, as third parties may
12 seek to use the information to
compromise Google’s internal practices
13
relating to competing products.
14 Exhibit M to Baeza GRANTED as to The information requested to be sealed
Declaration the portions at: contains Google’s confidential and
15 (GOOG-BRWN-00140297) proprietary information regarding
Pages: -311-313, - sensitive features of Google’s internal
16
315-319, -323, - systems and operations, including
17 325, -327-329 various types of Google’s internal
projects, identifiers, and their proprietary
18 functionalities, that Google maintains as
confidential in the ordinary course of its
19 business and is not generally known to
the public or Google’s competitors. Such
20
confidential and proprietary information
21 reveals Google’s internal strategies,
system designs, and business practices
22 for operating and maintaining many of its
services. Public disclosure of such
23 confidential and proprietary information
could affect Google’s competitive
24
standing as competitors may alter their
25 systems and practices relating to
competing products. It may also place
26 Google at an increased risk of
cybersecurity threats, as third parties may
27 seek to use the information to
compromise Google’s internal practices
1
relating to competing products.
2 Exhibit N to Baeza GRANTED as to The information requested to be sealed
Declaration (GOOG-CABR- the portions at: contains Google’s confidential and
05126022)
3 proprietary information regarding
Page -023 sensitive features of Google’s internal
4 systems and operations, including
Google’s internal projects and
5
identifiers, that Google maintains as
6 confidential in the ordinary course of its
business and is not generally known to
7 the public or Google’s competitors. Such
confidential and proprietary information
8 reveals Google’s internal strategies,
system designs, and business practices
9
for operating and maintaining many of its
10 services. Public disclosure of such
confidential and proprietary information
11 could affect Google’s competitive
standing as competitors may alter their
12 systems and practices relating to
competing products. It may also place
13
Google at an increased risk of
14 cybersecurity threats, as third parties may
seek to use the information to
15 compromise Google’s internal practices
relating to competing products.
16 Exhibit O to Baeza GRANTED as to The information requested to be sealed
17 D (Ge Ocl Oar Gat -i Con A BR-04675770) the portions at: contains Google’s confidential and
proprietary information regarding
18 Pages: -770-771 sensitive features of Google’s internal
systems and operations, including
19 Google’s internal projects and
identifiers, that Google maintains as
20
confidential in the ordinary course of its
21 business and is not generally known to
the public or Google’s competitors. Such
22 confidential and proprietary information
reveals Google’s internal strategies,
23 system designs, and business practices
for operating and maintaining many of its
24
services. Public disclosure of such
25 confidential and proprietary information
could affect Google’s competitive
26 standing as competitors may alter their
systems and practices relating to
27 competing products. It may also place
cybersecurity threats, as third parties may
1
seek to use the information to
2 compromise Google’s internal practices
relating to competing products.
3 Exhibit P to Baeza GRANTED as to The information requested to be sealed
Declaration the portions at: contains Google’s confidential and
4 (Deposition of Rory proprietary information regarding
McClelland)
Pages: 118:2, sensitive features of Google’s internal
5
118:7, 118:12, systems and operations, including
6 118:15-16, 118:23, Google’s internal projects and
120:4-5, 120:11 identifiers, 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 information
9
reveals Google’s internal strategies,
10 system designs, and business practices
for operating and maintaining many of its
11 services. Public disclosure of such
confidential and proprietary information
12 could affect Google’s competitive
standing as competitors may alter their
13
systems and practices relating to
14 competing products. It may also place
Google at an increased risk of
15 cybersecurity threats, as third parties may
seek to use the information to
16
compromise Google’s internal practices
17 relating to competing products.
Exhibit Q to Baeza GRANTED as to The information requested to be sealed
18 Declaration the portions at: contains Google’s confidential and
(Deposition of Abdelkarim
proprietary information regarding
19 Mardini) Pages: 317:7, sensitive features of Google’s internal
20 317:14-15, 317:22- systems and operations, including
23, 318:1-2, 318:4, various types of Google’s internal
21 318:15-319:8, projects, identifiers, and their proprietary
319:14, 371:7-10, functionalities, that Google maintains as
22 371:13-15, 371:22- confidential in the ordinary course of its
23, 372:1-2, business and is not generally known to
23 373:14,18, 373:22- the public or Google’s competitors. Such
24 confidential and proprietary information
24
reveals Google’s internal strategies,
25 system designs, and business practices
for operating and maintaining many of its
26 services. Public disclosure of such
confidential and proprietary information
27 could affect Google’s competitive
systems and practices relating to
1
competing products. It may also place
2 Google at an increased risk of
cybersecurity threats, as third parties may
3 seek to use the information to
compromise Google’s internal practices
4 relating to competing products.
Exhibit R to Baeza GRANTED as to The information requested to be sealed
5 Declaration the portions at: contains Google’s confidential and
(Deposition of Chetna
6 Bindra) proprietary information regarding
Pages: 218:11-13 sensitive features of Google’s internal
7 systems and operations, including
Google’s internal projects and
8 identifiers, that Google maintains as
confidential in the ordinary course of its
9
business and is not generally known to
10 the public or Google’s competitors. Such
confidential and proprietary information
11 reveals Google’s internal strategies,
system designs, and business practices
12 for operating and maintaining many of its
services. Public disclosure of such
13
confidential and proprietary information
14 could affect Google’s competitive
standing as competitors may alter their
15 systems and practices relating to
competing products. It may also place
16
Google at an increased risk of
17 cybersecurity threats, as third parties may
seek to use the information to
18 compromise Google’s internal practices
relating to competing products.
19 Exhibit S to Baeza GRANTED as to The information requested to be sealed
Declaration the portions at: contains Google’s confidential and
20 (GOOG-BRWN-00388293)
proprietary information regarding
21 Page: -295 sensitive features of Google’s internal
systems and operations, including
22 Google’s internal communication
channels, 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
25 confidential and proprietary information
reveals Google’s internal strategies,
26 system designs, and business practices
for operating and maintaining many of its
27 services. Public disclosure of such
could affect Google’s competitive
1
standing as competitors may alter their
2 systems and practices relating to
competing products. It may also place
3 Google at an increased risk of
cybersecurity threats, as third parties may
4 seek to use the information to
compromise Google’s internal practices
5
relating to competing products.
6 Exhibit T to Baeza GRANTED as to The information requested to be sealed
Declaration the portions at: contains Google’s confidential and
7 (Deposition of Lorraine proprietary information regarding
Twohill)
Page: 120:6-12 sensitive features of Google’s internal
8 systems and operations, including
various types of Google’s internal
9
projects, and their proprietary
10 functionalities, that Google maintains as
confidential in the ordinary course of its
11 business and is not generally known to
the public or Google’s competitors. Such
12 confidential and proprietary information
reveals Google’s internal strategies,
13
system designs, and business practices
14 for operating and maintaining many of its
services. Public disclosure of such
15 confidential and proprietary information
could affect Google’s competitive
16
standing as competitors may alter their
17 systems and practices relating to
competing products. It may also place
18 Google at an increased risk of
cybersecurity threats, as third parties may
19 seek to use the information to
compromise Google’s internal practices
20
relating to competing products.
21 Exhibit V to Baeza GRANTED as to The information requested to be sealed
Declaration the portions at: contains Google’s confidential and
(GOOG-CABR-00501220)
22 proprietary information regarding
Pages: -221-222, - sensitive features of Google’s internal
23 224-225 systems and operations, including
various types of Google’s internal
24
projects, identifiers, and their proprietary
25 functionalities, that Google maintains as
confidential in the ordinary course of its
26 business and is not generally known to
the public or Google’s competitors. Such
27 confidential and proprietary information
system designs, and business practices
1
for operating and maintaining many of its
2 services. Public disclosure of such
confidential and proprietary information
3 could affect Google’s competitive
standing as competitors may alter their
4 systems and practices relating to
competing products. It may also place
5
Google at an increased risk of
6 cybersecurity threats, as third parties may
seek to use the information to
7 compromise Google’s internal practices
relating to competing products.
8 Exhibit Y to Baeza GRANTED as to The information requested to be sealed
Declaration the portions at: contains Google’s confidential and
9 (GOOG-CABR-05756489)
proprietary information regarding
10 Pages: -491, -494, - sensitive features of Google’s internal
499-501, -504-505, systems and operations, including
11 -507-512 various types of Google’s internal
projects, identifiers, and their proprietary
12 functionalities, that Google maintains as
confidential in the ordinary course of its
13
business and is not generally known to
14 the public or Google’s competitors. Such
confidential and proprietary information
15 reveals Google’s internal strategies,
system designs, and business practices
16
for operating and maintaining many of its
17 services. Public disclosure of such
confidential and proprietary information
18 could affect Google’s competitive
standing as competitors may alter their
19 systems and practices relating to
competing products. It may also place
20
Google at an increased risk of
21 cybersecurity threats, as third parties may
seek to use the information to
22 compromise Google’s internal practices
relating to competing products.
23 Exhibit Z to Baeza GRANTED as to The information requested to be sealed
Declaration (GOOG-BRWN- the portions at: contains Google’s confidential and
24 00406065)
proprietary information regarding
25 Pages: -065-069 sensitive features of Google’s internal
systems and operations, including
26 various types of Google’s internal
projects, identifiers, and their proprietary
27 functionalities, that Google maintains as
business and is not generally known to
1
the public or Google’s competitors. Such
2 confidential and proprietary information
reveals Google’s internal strategies,
3 system designs, and business practices
for operating and maintaining many of its
4 services. Public disclosure of such
confidential and proprietary information
5
could affect Google’s competitive
6 standing as competitors may alter their
systems and practices relating to
7 competing products. It may also place
Google at an increased risk of
8 cybersecurity threats, as third parties may
seek to use the information to
9
compromise Google’s internal practices
10 relating to competing products.
Proposed Order GRANTED as to The information requested to be sealed
11 the portions at: contains Google’s confidential and
proprietary information regarding
12 Page: 6:2, 6:4-5, sensitive features of Google’s internal
6:7-8, 6:11, 6:16, systems and operations, including
13
6:18, 6:28 Google’s internal projects and
14 identifiers, that Google maintains as
confidential in the ordinary course of its
15 business and is not generally known to
the public or Google’s competitors. Such
16
confidential and proprietary information
17 reveals Google’s internal strategies,
system designs, and business practices
18 for operating and maintaining many of its
services. Public disclosure of such
19 confidential and proprietary information
could affect Google’s competitive
20
standing as competitors may alter their
21 systems and practices relating to
competing products. It may also place
22 Google at an increased risk of
cybersecurity threats, as third parties may
23 seek to use the information to
compromise Google’s internal practices
24
relating to competing products.
25
2. Dkt. 653
26
Document Sought to be Court’s Ruling on Reason(s) for Court’s Ruling
27 Sealed Motion to Seal
Google LLC’s Response to GRANTED as to the The information requested to be
to Depose Google CEO confidential and proprietary
1 Sundar Pichai (Dkt. 635) Pages 3:15-16, 3:24, 4:2 information regarding sensitive
2 features of Google’s internal
systems and operations, including
3 various types of Google’s internal
projects and their proprietary
4 functionalities, that Google
maintains as confidential in the
5
ordinary course of its business and
6 is not generally known to the public
or Google’s competitors. Such
7 confidential and proprietary
information reveals Google’s
8 internal strategies, system designs,
and business practices for operating
9
and maintaining many of its
10 services. Public disclosure of such
confidential and proprietary
11 information could affect Google’s
competitive standing as competitors
12 may alter their systems and
practices relating to competing
13
products. It may also place Google
14 at an increased risk of cybersecurity
threats, as third parties may seek to
15 use the information to compromise
Google’s internal practices relating
16 to competing products.
17 Exhibit 2 GRANTED as to the The information requested to be
5/6/22 Twohill Depo Tr. portions at: sealed contains Google’s
18 Excerpts confidential and proprietary
Pages 7:11, 126:2-3, information regarding sensitive
19 126:7, 126:10-16, 127:6, features of Google’s internal
127:8 systems and operations, including
20
various types of Google’s internal
21 projects and proposals, and their
proprietary functionalities, as well
22 as internal metrics, that Google
maintains as confidential in the
23 ordinary course of its business and
is not generally known to the public
24
or Google’s competitors. Such
25 confidential and proprietary
information reveals Google’s
26 internal strategies, system designs,
and business practices for operating
27 and maintaining many of its
confidential and proprietary
1
information could affect Google’s
2 competitive standing as competitors
may alter their systems and
3 practices relating to competing
products. It may also place Google
4 at an increased risk of cybersecurity
threats, as third parties may seek to
5
use the information to compromise
6 Google’s internal practices relating
to competing products.
7 Exhibit 3 GRANTED as to the The information requested to be
2/18/22 McClelland Depo Tr. portions at: sealed contains Google’s
8 Excerpts confidential and proprietary
Pages 28:16-20, 29:3-11, information regarding sensitive
9
29:14-17, 30:5, 106:10- features of Google’s internal
10 13, 107:3, 107:5-15, systems and operations, including
107:18-19, 108:5-6, various types of Google’s internal
11 113:4, 118:2, 118:7, projects and proposals, and their
118:12, 118:15-16, proprietary functionalities, that
12 118:23, 119:12-14 Google maintains as confidential in
the ordinary course of its business
13
and is not generally known to the
14 public or Google’s competitors.
Such confidential and proprietary
15 information reveals Google’s
internal strategies, system designs,
16
and business practices for operating
17 and maintaining many of its
services. Public disclosure of such
18 confidential and proprietary
information could affect Google’s
19 competitive standing as competitors
may alter their systems and
20
practices relating to competing
21 products. It may also place Google
at an increased risk of cybersecurity
22 threats, as third parties may seek to
use the information to compromise
23 Google’s internal practices relating
to competing products.
24
Exhibit 5 GRANTED as to the The information requested to be
25 11/19/21 Adhya Depo Tr. portions at: sealed contains Google’s
Excerpts confidential and proprietary
26 Pages 7:17 information regarding sensitive
features of Google’s internal
27 systems and operations, including
Google maintains as confidential in
1
the ordinary course of its business
2 and is not generally known to the
public or Google’s competitors.
3 Such confidential and proprietary
information reveals Google’s
4 internal strategies, system designs,
and business practices for operating
5
and maintaining many of its
6 services. Public disclosure of such
confidential and proprietary
7 information could affect Google’s
competitive standing as competitors
8 may alter their systems and
practices relating to competing
9
products. It may also place Google
10 at an increased risk of cybersecurity
threats, as third parties may seek to
11 use the information to compromise
Google’s internal practices relating
12 to competing products.
13 3. Dkt. 677; see also Dkt. 690
14
Document Sought Court’s Ruling on Reason(s) for Court’s Ruling
15
to be Sealed Motion to Seal
16 Plaintiffs’ Reply In GRANTED as to The information requested to be sealed contains
Support of Their the portions at: Google’s confidential and proprietary information
17 Renewed Request regarding sensitive features of Google’s internal
to Depose Google Pages: 1:11, 1:15, systems and operations, including various types of
18
CEO Sundar Pichai 4:7-17, 5:10 Google’s internal projects, identifiers, and their
19 proprietary functionalities that Google maintains as
confidential in the ordinary course of its business
20 and is not generally known to the public or Google’s
competitors. Such confidential and proprietary
21 information reveals Google’s internal strategies,
system designs, and business practices for operating
22
and maintaining many of its service. Public
23 disclosure of such confidential and proprietary
information could affect Google’s competitive
24 standing as competitors may alter their systems and
practices relating to competing products. It may also
25 place Google at an increased risk of cybersecurity
threats, as third parties may seek to use the
26
information to compromise Google’s internal
27 practices relating to competing products.
1
2 SO ORDERED.
3 Dated: September 26, 2022
4
5 Sets
SUSAN VAN KEULEN
6 United States Magistrate Judge
7
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©
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