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. 671, 691, 721
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. 671, 691, 721; see also Dkt. 718, 736
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. 671; see also Dkt. 718
8 Document Sought to be Court’s Ruling on Reason(s) for Court’s Ruling
Sealed Motion to Seal
9
Plaintiffs’ Administrative GRANTED as to the The information requested to be sealed
10 Motion for Relief re: portions at: contains Google’s confidential and
Google’s Production of
proprietary information regarding
Documents Improperly
11 Pages: 1:8-10, 4:7-8 sensitive features of Google’s internal
Withheld as Privileged
systems and operations, including
12
Google’s internal projects, identifiers,
13 and their proprietary functionalities,
that Google maintains as confidential in
14 the ordinary course of its business and is
not generally known to the public or
15 Google’s competitors. Such confidential
and proprietary information reveals
16
Google’s internal strategies, system
17 designs, and business practices for
operating and maintaining many of its
18 services. Public disclosure of such
confidential and proprietary information
19 could affect Google’s competitive
standing as competitors may alter their
20
systems and practices relating to
21 competing products. It may also place
Google at an increased risk of
22 cybersecurity threats, as third parties
may seek to use the information to
23 compromise Google’s internal practices
relating to competing products.
24
Exhibit A - Documents GRANTED as to the The information requested to be sealed
25 Google Produced Pursuant portions at: contains Google’s confidential and
to this Court’s June 10, proprietary information regarding
26 2022 Order (Dkt. 605) Pages: 2:18-20, 5:14- sensitive features of Google’s internal
16 systems and operations, including
27 Google’s internal projects, identifiers,
that Google maintains as confidential in
1
the ordinary course of its business and is
2 not generally known to the public or
Google’s competitors. Such confidential
3 and proprietary information reveals
Google’s internal strategies, system
4 designs, and business practices for
operating and maintaining many of its
5
services. Public disclosure of such
6 confidential and proprietary information
could affect Google’s competitive
7 standing as competitors may alter their
systems and practices relating to
8 competing products. It may also place
Google at an increased risk of
9
cybersecurity threats, as third parties
10 may seek to use the information to
compromise Google’s internal practices
11 relating to competing products.
Exhibit C - September 8, GRANTED as to the The information requested to be sealed
12 2021 Letter re: Privilege portions at: contains Google’s confidential and
Log
proprietary information regarding
13
Page 6 sensitive features of Google’s internal
14 systems and operations, including
Google’s internal projects, identifiers,
15 and their proprietary functionalities,
that Google maintains as confidential in
16
the ordinary course of its business and is
17 not generally known to the public or
Google’s competitors. Such confidential
18 and proprietary information reveals
Google’s internal strategies, system
19 designs, 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
22 standing as competitors may alter their
systems and practices relating to
23 competing products. It may also place
Google at an increased risk of
24
cybersecurity threats, as third parties
25 may seek to use the information to
compromise Google’s internal practices
26 relating to competing products.
Exhibit 2 - GOOG-BRWN- GRANTED as to the The information requested to be sealed
27 00855317 portions at: contains Google’s confidential and
Entirely sensitive features of Google’s internal
1
systems and operations, including
2 Google’s internal projects, identifiers,
and their proprietary functionalities,
3 that Google maintains as confidential in
the ordinary course of its business and is
4 not generally known to the public or
Google’s competitors. Such confidential
5
and proprietary information reveals
6 Google’s internal strategies, system
designs, and business practices for
7 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
12 may seek to use the information to
compromise Google’s internal practices
13
relating to competing products.
14 Exhibit 3 - GOOG-CABR- GRANTED as to the The information requested to be sealed
05949445 portions at: contains Google’s confidential and
15 proprietary information regarding
Entirely sensitive features of Google’s internal
16
systems and operations, including
17 Google’s internal projects, identifiers,
and their proprietary functionalities,
18 that Google maintains as confidential in
the ordinary course of its business and is
19 not generally known to the public or
Google’s competitors. Such confidential
20
and proprietary information reveals
21 Google’s internal strategies, system
designs, and business practices for
22 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
27 may seek to use the information to
relating to competing products.
1 Exhibit 4 - GOOG-BRWN- GRANTED as to the The information requested to be sealed
2 0 0856066 portions at: contains Google’s confidential and
proprietary information regarding
3 Entirely sensitive features of Google’s internal
systems and operations, including
4 Google’s internal projects, identifiers,
and their proprietary functionalities,
5
that Google maintains as confidential in
6 the ordinary course of its business and is
not generally known to the public or
7 Google’s competitors. Such confidential
and proprietary information reveals
8 Google’s internal strategies, system
designs, and business practices for
9
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 5 - GOOG-BRWN- GRANTED as to the The information requested to be sealed
17 0 0856578 portions at: contains Google’s confidential and
proprietary information regarding
18 Entirely sensitive features of Google’s internal
systems and operations, including
19 Google’s internal projects, identifiers,
and their proprietary functionalities,
20
that Google maintains as confidential in
21 the ordinary course of its business and is
not generally known to the public or
22 Google’s competitors. Such confidential
and proprietary information reveals
23 Google’s internal strategies, system
designs, and business practices for
24
operating and maintaining many of its
25 services. Public disclosure of such
confidential and proprietary information
26 could affect Google’s competitive
standing as competitors may alter their
27 systems and practices relating to
Google at an increased risk of
1
cybersecurity threats, as third parties
2 may seek to use the information to
compromise Google’s internal practices
3 relating to competing products.
Exhibit 6 - GOOG-BRWN- GRANTED as to the The information requested to be sealed
4 00857642 portions at: contains Google’s confidential and
proprietary information regarding
5
Entirely sensitive features of Google’s internal
6 systems and operations, including
Google’s internal projects, identifiers,
7 and their proprietary functionalities,
that Google maintains as confidential in
8 the ordinary course of its business and is
not generally known to the public or
9
Google’s competitors. Such confidential
10 and proprietary information reveals
Google’s internal strategies, system
11 designs, and business practices for
operating and maintaining many of its
12 services. Public disclosure of such
confidential and proprietary information
13
could affect Google’s competitive
14 standing as competitors may alter their
systems and practices relating to
15 competing products. It may also place
Google at an increased risk of
16
cybersecurity threats, as third parties
17 may seek to use the information to
compromise Google’s internal practices
18 relating to competing products.
Exhibit 10 - GOOG- GRANTED as to the The information requested to be sealed
19 BRWN-00848723 portions at: contains Google’s confidential and
proprietary information regarding
20
Pages: -725-727 sensitive features of Google’s internal
21 systems and operations, including
Google’s internal projects, identifiers,
22 and their proprietary functionalities,
that Google maintains as confidential in
23 the ordinary course of its business and is
not generally known to the public or
24
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 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
4 may seek to use the information to
compromise Google’s internal practices
5
relating to competing products.
6 Exhibit 12 - GOOG- GRANTED as to the The information requested to be sealed
CABR-05888096 portions at: contains Google’s confidential and
7 proprietary information regarding
Entirely sensitive features of Google’s internal
8 systems and operations, including
Google’s internal projects, identifiers,
9
and their proprietary functionalities,
10 that Google maintains as confidential in
the ordinary course of its business and is
11 not generally known to the public or
Google’s competitors. Such confidential
12 and proprietary information reveals
Google’s internal strategies, system
13
designs, and business practices for
14 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
19 may seek to use the information to
compromise Google’s internal practices
20
relating to competing products.
21 Exhibit 13 - GOOG- GRANTED as to the The information requested to be sealed
BRWN-00853326 portions at: contains Google’s confidential and
22 proprietary information regarding
Pages: -326, -329- sensitive features of Google’s internal
23 331 systems and operations, including
Google’s internal projects, identifiers,
24
and their proprietary functionalities,
25 that Google maintains as confidential in
the ordinary course of its business and is
26 not generally known to the public or
Google’s competitors. Such confidential
27 and proprietary information reveals
designs, and business practices for
1
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 15 - GOOG- GRANTED as to the The information requested to be sealed
BRWN-00850441 portions at: contains Google’s confidential and
9
proprietary information regarding
10 Entirely sensitive features of Google’s internal
systems and operations, including
11 Google’s internal projects, identifiers,
and their proprietary functionalities,
12 that Google maintains as confidential in
the ordinary course of its business and is
13
not generally known to the public or
14 Google’s competitors. Such confidential
and proprietary information reveals
15 Google’s internal strategies, system
designs, and business practices for
16
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 16 - Expert Report GRANTED as to the The information requested to be sealed
of Prof. On Amir portions at: contains Google’s confidential and
24
proprietary information regarding
25 Pages 2-4 sensitive features of Google’s internal
systems and operations, including
26 Google’s internal projects, identifiers,
and their proprietary functionalities,
27 that Google maintains as confidential in
not generally known to the public or
1
Google’s competitors. Such confidential
2 and proprietary information reveals
Google’s internal strategies, system
3 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.
Exhibit 17 - Expert Report GRANTED as to the The information requested to be sealed
11 of Bruce Strombom portions at: contains Google’s confidential and
proprietary information regarding
12 Pages: i-ii, 21 sensitive features of Google’s internal
systems and operations, including
13
Google’s internal projects, identifiers,
14 and their proprietary functionalities,
that Google maintains as confidential in
15 the ordinary course of its business and is
not generally known to the public or
16
Google’s competitors. Such confidential
17 and proprietary information reveals
Google’s internal strategies, system
18 designs, and business practices for
operating and maintaining many of its
19 services. Public disclosure of such
confidential and proprietary information
20
could affect Google’s competitive
21 standing as competitors may alter their
systems and practices relating to
22 competing products. It may also place
Google at an increased risk of
23 cybersecurity threats, as third parties
may seek to use the information to
24
compromise Google’s internal practices
25 relating to competing products.
26
27
2. Dkt. 691
1
Document Sought to be Court’s Ruling on Reason(s) for Court’s Ruling
2
Sealed Motion to Seal
3 Exhibit A GRANTED as to the The information requested to be
Excerpts to Berntson June portions at: sealed contains Google’s
4 16, 2021 30(b)(6) transcript confidential and proprietary
Pages 4:12, 4:18, 4:21, information regarding sensitive
5
5:14-15, 372:11, 372:15, features of Google’s internal
6 390:1-2, 39:15, 390:20, systems and operations, including
395:24, 396:14 various types of Google’s internal
7 projects and proposals and their
proprietary functionalities that
8 Google maintains as confidential in
the ordinary course of its business
9
and is not generally known to the
10 public or Google’s competitors.
Such confidential and proprietary
11 information reveals Google’s
internal strategies, system designs,
12 and business practices for
operating and maintaining many of
13
its services. Public disclosure of
14 such confidential and proprietary
information could affect Google’s
15 competitive standing as
competitors may alter their systems
16 and practices relating to competing
products. It may also place Google
17
at an increased risk of
18 cybersecurity threats, as third
parties may seek to use the
19 information to compromise
Google’s internal practices relating
20 to competing products.
Exhibit B GRANTED as to the The information requested to be
21
GOOG-BRWN-00157001 portions at: sealed contains Google’s
22 (text file) confidential and proprietary
Seal Entirely information regarding sensitive
23 features of Google’s internal
systems and operations, including
24
various types of Google’s internal
projects and proposals and their
25
proprietary functionalities, as well
26 as internal metrics, that Google
maintains as confidential in the
27 ordinary course of its business and
Such confidential and proprietary
1
information reveals Google’s
2 internal strategies, system designs,
and business practices for
3 operating and maintaining many of
its services. Public disclosure of
4 such confidential and proprietary
information could affect Google’s
5
competitive standing as
6 competitors may alter their systems
and practices relating to competing
7 products. It may also place Google
at an increased risk of
8 cybersecurity threats, as third
parties may seek to use the
9
information to compromise
10 Google’s internal practices relating
to competing products.
11
3. Dkt. 721; see also Dkt. 736
12
13 Document Sought to be Court’s Ruling on Reason(s) for Court’s Ruling
Sealed Motion to Seal
14
Plaintiffs’ Opposition to GRANTED as to The information requested to be sealed
15 Google’s Motion to Strike redacted portions contains Google’s confidential and
Exhibit A to Mao at: proprietary information regarding
16 Declaration In Support of sensitive features of Google’s internal
Plaintiffs’ Administrative Pages 2:17-19, systems and operations, including
17 Motion for Relief (Dkt. 693) 4:16-25 various types of Google’s internal
projects and their proprietary
18
functionalities, that Google maintains as
19 confidential in the ordinary course of its
business and is not generally known to
20 the public or Google’s competitors. Such
confidential and proprietary information
21 reveals Google’s internal strategies,
system designs, and business practices
22
for operating and maintaining many of
23 its services. Public disclosure of such
confidential and proprietary information
24 could affect Google’s competitive
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
27 cybersecurity threats, as third parties
may seek to use the information to
| —sdC relating to competing products. □
Exhibit 1 to Mao Declaration | GRANTED as to The information requested to be sealed
2 - GOOG-CABR-05885871 | redacted portions contains Google’s confidential and
at: proprietary information □□□□□□□□□
3 sensitive features of Google’s internal
Seal Entirely systems and _ operations, including
4 various types of Google’s internal
5 projects and their proprietary
functionalities, 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 □□□□□□□□□□□
9 system designs, and business practices
for operating and maintaining many of
10 its 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
13 competing products. It may also place
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
2 relating to competing products.
a 16
SO ORDERED.
17
Dated: September 28, 2022
Z 18
19 Ss
20
SUSAN VAN KEULEN
1 United States Magistrate Judge
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