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
9 v. MOTIONS FOR LEAVE TO FILE
UNDER SEAL
10 GOOGLE LLC,
Re: Dkt. Nos. 897, 929, 933, 942, 944, 949
11 Defendant.
12 Before the Court are administrative motions to file under seal materials associated
13 discovery disputes in this case. Dkt. 897, 929, 933, 942, 944, 949; see also Dkt. 938 (declaration
14 filed in support of administrative motion to seal).
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. 897
8
Document Court’s Ruling on Motion to Seal Reason(s) for Court’s Ruling
9
Sought to be
10 Sealed
Google LLC’s GRANTED as to the portions at: The information requested to be sealed
11 Notice of contains Google’s confidential and
Motion and Pages 1:17-18, i:7-8, i:10, i:11, 1:7, proprietary information regarding
12 Motion for 1:10, 1:12-16, 1:19-23, 1:25-26, sensitive features of Google’s internal
Relief 2:12, 2:15, 2:27, 3:10-12, 3:15, 4:5- systems and operations, including
13
Regarding 7, 4:12, 4:27, 5:2-3, 5:5, 5:11-28, various types of Google’s internal
14 Preservation 6:3, 6:5, 7:2, 7:4-5, 7:9-10, 7:19, projects and data logging systems, and
7:21-22, 7:24-27, 8:4, 8:7, 8:9, 9:1, their proprietary functionalities, as well
15 9:15, 9:23-25, 10:15-16, 10:18, as internal metrics, that Google
11:13 maintains as confidential in the
16 ordinary course of its business and is
not generally known to the public or
17
Google’s competitors. Such
18 confidential and proprietary
information reveals Google’s internal
19 strategies, system designs, and
business practices for operating and
20 maintaining many of its services.
Public disclosure of such confidential
21
and proprietary information could
22 affect Google’s competitive standing
as competitors may alter their systems
23 and practices relating to competing
products. It may also place Google at
24
an increased risk of cybersecurity
25 threats, as third parties may seek to use
the information to compromise
26 Google’s internal practices relating to
competing products.
27
Declaration of GRANTED as to the portions at: The information requested to be sealed
1
Larry contains Google’s confidential and
2 Greenfield Pages 1:25-2:1, 2:3-8, 3:7-11, 3:16- proprietary information regarding
27, 4:7-19, 4:22-24, 4:27-28, 5:1-9, sensitive features of Google’s internal
3 5:12-13, 5:15-16, 5:18, 5:20-21, systems and operations, including
5:23-24, 5:26, 5:28-6:1, 6:3-4, 6:6- various types of Google’s internal
4 9, 6:12-17, 6:19-20, 6:22-7:5 projects and data logging systems, and
their proprietary functionalities, as well
5
as internal metrics, that Google
6 maintains as confidential in the
ordinary course of its business and is
7 not generally known to the public or
Google’s competitors. Such
8 confidential and proprietary
information reveals Google’s internal
9
strategies, system designs, and
10 business practices for operating and
maintaining many of its services.
11 Public disclosure of such confidential
and proprietary information could
12 affect Google’s competitive standing
as competitors may alter their systems
13
and practices relating to competing
14 products. It may also place Google at
an increased risk of cybersecurity
15 threats, as third parties may seek to use
the information to compromise
16 Google’s internal practices relating to
competing products.
17
Declaration of GRANTED as to the portions at: The information requested to be sealed
18 Benjamin contains Google’s confidential and
Kornacki Pages 1:22, 1:26-2:1, 2:3, 2:7, 2:11, proprietary information regarding
19 2:13, 2:16, 2:21, 2:26, 2:28-3:8, sensitive features of Google’s internal
3:11-12, 3:14-19 systems and operations, including
20
various types of Google’s internal
21 projects and data logging systems, 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 or
24
Google’s competitors. Such
25 confidential and proprietary
information reveals Google’s internal
26 strategies, system designs, and
business practices for operating and
27 maintaining many of its services.
and proprietary information could
1
affect Google’s competitive standing
2 as competitors may alter their systems
and practices relating to competing
3 products. It may also place Google at
an increased risk of cybersecurity
4 threats, as third parties may seek to use
the information to compromise
5
Google’s internal practices relating to
6 competing products.
Declaration of GRANTED as to the portions at: The information requested to be sealed
7 Julian Kranz contains Google’s confidential and
Pages 1:22-25, 1:28, 2:1, 2:3, 2:5-7 proprietary information regarding
8 sensitive features of Google’s internal
systems and operations, including
9
various types of Google’s data logging
10 systems, as well as internal metrics,
that Google maintains as confidential
11 in the ordinary course of its business
and is not generally known to the
12 public or Google’s competitors. Such
confidential and proprietary
13
information reveals Google’s internal
14 strategies, system designs, and
business practices for operating and
15 maintaining many of its services.
Public disclosure of such confidential
16
and proprietary information could
17 affect Google’s competitive standing
as competitors may alter their systems
18 and practices relating to competing
products. It may also place Google at
19 an increased risk of cybersecurity
threats, as third parties may seek to use
20
the information to compromise
21 Google’s internal practices relating to
competing products.
22 Declaration of GRANTED as to the portions at: The information requested to be sealed
Patrick Quaid contains Google’s confidential and
23 Pages 1:12, 1:14, 1:16, 1:21-23 proprietary information regarding
sensitive features of Google’s internal
24
systems and operations, including
25 various types of Google’s internal
projects and data sources, as well as
26 internal metrics, that Google maintains
as confidential in the ordinary course of
27 its business and is not generally known
Such confidential and proprietary
1
information reveals Google’s internal
2 strategies, system designs, and
business practices for operating and
3 maintaining many of its services.
Public disclosure of such confidential
4 and proprietary information could
affect Google’s competitive standing
5
as competitors may alter their systems
6 and practices relating to competing
products. It may also place Google at
7 an increased risk of cybersecurity
threats, as third parties may seek to use
8 the information to compromise
Google’s internal practices relating to
9
competing products.
10 Declaration of GRANTED as to the portions at: The information requested to be sealed
Daryl Seah contains Google’s confidential and
11 Pages 2:11-21, 2:24, 3:3 proprietary information regarding
sensitive features of Google’s internal
12 systems and operations, including
various types of Google’s internal
13
projects and data logging systems, and
14 their proprietary functionalities, as well
as internal metrics, that Google
15 maintains as confidential in the
ordinary course of its business and is
16
not generally known to the public or
17 Google’s competitors. Such
confidential and proprietary
18 information reveals Google’s internal
strategies, system designs, and
19 business practices for operating and
maintaining many of its services.
20
Public disclosure of such confidential
21 and proprietary information could
affect Google’s competitive standing
22 as competitors may alter their systems
and practices relating to competing
23 products. It may also place Google at
an increased risk of cybersecurity
24
threats, as third parties may seek to use
25 the information to compromise
Google’s internal practices relating to
26 competing products.
Declaration of GRANTED as to the portions at: The information requested to be sealed
27 Srilakshmi contains Google’s confidential and
Pages 1:28, 2:1-7, 2:12-15, 2:17, sensitive features of Google’s internal
1
2:20, 2:22-23 systems and operations, including
2 various types of Google’s internal
projects and data logging systems, as
3 well as internal metrics, that Google
maintains as confidential in the
4 ordinary course of its business and is
not generally known to the public or
5
Google’s competitors. Such
6 confidential and proprietary
information reveals Google’s internal
7 strategies, system designs, and
business practices for operating and
8 maintaining many of its services.
Public disclosure of such confidential
9
and proprietary information could
10 affect Google’s competitive standing
as competitors may alter their systems
11 and practices relating to competing
products. It may also place Google at
12 an increased risk of cybersecurity
threats, as third parties may seek to use
13
the information to compromise
14 Google’s internal practices relating to
competing products.
15 Exhibit 1 to GRANTED as to the portions at: The information requested to be sealed
Gao contains Google’s confidential and
16
Declaration – Pages 100:2, 100:4, 100:10, 101:21, proprietary information regarding
17 Aug. 4, 2022 103:22, 103:24, 105:11 sensitive features of Google’s internal
Hearing Tr. systems and operations, including
18 Excerpts various types of Google’s internal
projects and their proprietary
19 functionalities, that Google maintains
as confidential in the ordinary course of
20
its business and is not generally known
21 to the public or Google’s competitors.
Such confidential and proprietary
22 information reveals Google’s internal
strategies, system designs, and
23 business practices for operating and
maintaining many of its services.
24
Public disclosure of such confidential
25 and proprietary information could
affect Google’s competitive standing
26 as competitors may alter their systems
and practices relating to competing
27 products. It may also place Google at
threats, as third parties may seek to use
1
the information to compromise
2 Google’s internal practices relating to
competing products.
3 Exhibit 2 to GRANTED as to the portions at: The information requested to be sealed
Gao contains Google’s confidential and
4 Declaration - Pages 134:1, 134:12, 134:18-20, proprietary information regarding
3/18/22 135:1, 135:8-9, 135:12, 136:7 sensitive features of Google’s internal
5
Glenn systems and operations, including
6 Berntson Tr. various types of Google’s internal
Excerpts projects, that Google maintains as
7 confidential in the ordinary course of
its business and is not generally known
8 to the public or Google’s competitors.
Such confidential and proprietary
9
information reveals Google’s internal
10 strategies, system designs, and
business practices for operating and
11 maintaining many of its service. Public
disclosure of such confidential and
12 proprietary information could affect
Google’s competitive standing as
13
competitors may alter their systems
14 and practices relating to competing
products. It may also place Google at
15 an increased risk of cybersecurity
threats, as third parties may seek to use
16
the information to compromise
17 Google’s internal practices relating to
competing products.
18 Exhibit 3 to GRANTED as to the portions at: The information requested to be sealed
Gao contains Google’s confidential and
19 Declaration - Seal in its entirety proprietary information regarding
GOOG- sensitive features of Google’s internal
20
CABR- systems and operations, including
21 03652751 various types of Google’s internal
projects and data logging systems, and
22 their proprietary functionalities, that
Google maintains as confidential in the
23 ordinary course of its business and is
not generally known to the public or
24
Google’s competitors. Such
25 confidential and proprietary
information reveals Google’s internal
26 strategies, system designs, and
business practices for operating and
27 maintaining many of its services.
and proprietary information could
1
affect Google’s competitive standing
2 as competitors may alter their systems
and practices relating to competing
3 products. It may also place Google at
an increased risk of cybersecurity
4 threats, as third parties may seek to use
the information to compromise
5
Google’s internal practices relating to
6 competing products.
7
8 2. Dkt. 929
9
Document Sought Court’s Ruling on
Reason(s) for Court’s Ruling
to be Sealed Motion to Seal
10
Google LLC’s GRANTED as to the The information requested to be sealed
11 Administrative portions at: contains Google’s confidential and proprietary
Motion to information regarding sensitive features of
12
Supplement Motion Pages 1:3-4; 1:6; 1:13; Google’s internal systems and operations,
13 for Relief 1:15-20; 1:27-28; 2:2-4; including various types of Google’s internal
Regarding 2:8-10; 2:20-23; 2:25 projects and data logging systems, and their
14 Preservation proprietary functionalities, as well as internal
metrics, that Google maintains as confidential
15 in the ordinary course of its business and is not
generally known to the public or Google’s
16
competitors. Such confidential and proprietary
17 information reveals Google’s internal
strategies, system designs, and business
18 practices for operating and maintaining many
of its services. Public disclosure of such
19
confidential and proprietary information could
affect Google’s competitive standing as
20
competitors may alter their systems and
21 practices relating to 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 compromise
23
Google’s internal practices relating to
24 competing products.
25 3. Dkt. 933; see also Dkt. 938
26 Document Sought Court’s Ruling on
Reason(s) for Court’s Ruling
to be Sealed Motion to Seal
27 Plaintiffs’ GRANTED as to the The information requested to be sealed
Google’s Motion for proprietary information regarding sensitive
1
Relief From The Pages ii:12, ii:19-21, 2:5- features of Google’s internal systems and
2 Court’s Modified 6, 2:9, 4:22, 7:17, 10:13- operations, including various types of
Preservation Plan 15, 10:18-20, 10:27, Google’s internal logs and internal log names,
3 Dated July 15, 2022 11:10, 11:13-14, 11:23, and their proprietary functionalities, as well as
as Modified Again 11:27, 12:4, 12:9-10, internal metrics, that Google maintains as
4 on August 5, 2022 12:12, 12:26-27, 13:5, confidential in the ordinary course of its
14:25-26, 15:15, 16:19- business and is not generally known to the
5
22, 16:26-28, 17:2, 17:5- public or Google’s competitors. Such
6 6, 17:9, 17:11-12, 17:17, confidential and proprietary information
17:20, 17:27, 18:27, reveals Google’s internal strategies, system
7 19:14-17, 19:28 designs, and business practices for operating
and maintaining many of its services. Public
8 disclosure of such 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 Google at an
11 increased risk of cybersecurity threats, as third
parties may seek to use the information to
12 compromise Google’s internal practices
relating to competing products.
13
Exhibit B to Joint GRANTED as to the The information requested to be sealed
14 Declaration of Jason portions at: contains the full URL used to transmit a
“Jay” Barnes, production of documents in this case, along
15 Lesley Weaver, and Page 1 with Google’s confidential and proprietary
David Straite In information regarding internal operations that
16
Support Of Google maintains as confidential in the
17 Plaintiff’s ordinary course of its business and is not
Opposition to generally known to the public or Google’s
18 Google’s Motion for competitors. Such confidential and
Relief proprietary information reveals Google’s
19 internal designs and business practices. Public
disclosure of such confidential and proprietary
20
information could place Google at an
21 increased risk of cybersecurity threats, as third
parties may seek to use the information to
22 compromise Google’s internal practices
relating to competing products.
23
4. Dkt. 942
24
25 Document Sought Court’s Ruling on Reason(s) for Court’s Ruling
to be Sealed Motion to Seal
26
Google LLC’s GRANTED as to the The information requested to be sealed
27 Reply in Support of portions at: contains Google’s confidential and proprietary
Google’s Motion information regarding sensitive features of
1 Document Sought Court’s Ruling on Reason(s) for Court’s Ruling
to be Sealed Motion to Seal
2 Regarding Pages: i:5, 1:5-7, 1:11, including various types of Google’s internal
Preservation 1:14-15, 2:1, 2:4, 2:6, projects and data logging systems, and their
3
2:13-14, 2:21, 2:24, 3:6- proprietary functionalities, as well as internal
4 7, 3:13, 3:17, 3:19-20, metrics, that Google maintains as confidential
3:27, 5:12-13, 6:1, 6:3-4, in the ordinary course of its business and is not
5 6:8-17, 6:19-7:1, 7:12- generally known to the public or Google’s
13, 8:18-21, 8:25, 8:27- competitors. Such confidential and proprietary
6
9:1, 9:6, 9:12-13, 10:4, information reveals Google’s internal
7 10:17-18, 10:25, 11:1, strategies, system designs, and business
11:13, 11:17-18, 11:27, practices for operating and maintaining many
8 12:2-4, 12:16, 12:19-20, of its services. Public disclosure of such
12:24, 13:1, 13:13-14, confidential and proprietary information could
9 14:15 affect Google’s competitive standing as
competitors may alter their systems and
10
practices relating to competing products. It
11 may also place Google at an increased risk of
cybersecurity threats, as third parties may seek
12 to use the information to compromise Google’s
internal practices relating to competing
13 products.
Trebicka Exhibit 1 GRANTED as to the The information requested to be sealed
14
(GOOG-CALH- portions at: contains Google’s confidential and proprietary
15 00374314) information regarding sensitive features of
Seal Entirely Google’s internal systems and operations,
16 including various types of Google’s internal
projects and data logging systems, and their
17 proprietary functionalities, as well as internal
metrics, that Google maintains as confidential
18
in the ordinary course of its business and is not
19 generally known to the public or Google’s
competitors. Such confidential and proprietary
20 information reveals Google’s internal
strategies, system designs, and business
21 practices for operating and maintaining many
of its services. Public disclosure of such
22
confidential and proprietary information could
23 affect Google’s competitive standing as
competitors may alter their systems and
24 practices relating to competing products. It
may also place Google at an increased risk of
25
cybersecurity threats, as third parties may seek
to use the information to compromise Google’s
26
internal practices relating to competing
27 products.
1 Document Sought Court’s Ruling on Reason(s) for Court’s Ruling
to be Sealed Motion to Seal
2 Trebicka Exhibit 2 GRANTED as to the The information requested to be sealed
(GOOG-CALH- portions at: contains Google’s confidential and proprietary
3
00696086) information regarding sensitive features of
4 Seal Entirely Google’s internal systems and operations,
including various types of Google’s internal
5 projects and data logging systems, and their
proprietary functionalities, as well as internal
6
metrics, that Google maintains as confidential
7 in the ordinary course of its business and is not
generally known to the public or Google’s
8 competitors. Such confidential and proprietary
information reveals Google’s internal
9 strategies, system designs, and business
practices for operating and maintaining many
10
of its services. Public disclosure of such
11 confidential and proprietary information could
affect Google’s competitive standing as
12 competitors may alter their systems and
practices relating to competing products. It
13 may also place Google at an increased risk of
cybersecurity threats, as third parties may seek
14
to use the information to compromise Google’s
15 internal practices relating to competing
products.
16 Trebicka Exhibit 3 GRANTED as to the The information requested to be sealed
(GOOG-CABR- portions at: contains Google’s confidential and proprietary
17 05290579) information regarding sensitive features of
Seal Entirely Google’s internal systems and operations,
18
including various types of Google’s internal
19 projects and data logging systems, and their
proprietary functionalities, as well as internal
20 metrics, that Google maintains as confidential
in the ordinary course of its business and is not
21 generally known to the public or Google’s
competitors. Such confidential and proprietary
22
information reveals Google’s internal
23 strategies, system designs, and business
practices for operating and maintaining many
24 of its services. Public disclosure of such
confidential and proprietary information could
25
affect Google’s competitive standing as
competitors may alter their systems and
26
practices relating to competing products. It
27 may also place Google at an increased risk of
cybersecurity threats, as third parties may seek
1 Document Sought Court’s Ruling on Reason(s) for Court’s Ruling
to be Sealed Motion to Seal
2 internal practices relating to competing
products.
3
4 5. Dkt. 944
5 Document Sought to be Court’s Ruling on
Reason(s) for Court’s Ruling
Sealed Motion to Seal
6 Trebicka Exhibit A GRANTED as to the The information requested to be sealed
portions at: contains Google’s confidential and
7
proprietary information regarding
8 Pages 3:20-23, 4:1 sensitive features of Google’s internal
systems and operations, including
9 various types of Google’s internal
projects, internal databases, and their
10 proprietary functionalities, as well as
internal metrics such as volumes and
11
costs associated with particular data
12 sources, that Google maintains as
confidential in the ordinary course of
13 its business and is not generally known
to the public or Google’s competitors.
14 Such confidential and proprietary
information reveals Google’s internal
15
strategies, system designs, and
16 business practices for operating and
maintaining many of its services, and
17 falls within the protected scope. Public
disclosure of such confidential and
18
proprietary information could affect
Google’s competitive standing as
19
competitors may alter their systems
20 and practices relating to competing
products. It may also place Google at
21 an increased risk of cybersecurity
threats, as third parties may seek to use
22
the information to compromise
23 Google’s internal practices relating to
competing products.
24
25
26
27
6. Dkt. 949
3 Google LLC’s GRANTED as to the The information requested to be sealed
Supplemental portions at: contains Google’s confidential and
4 Submission Re proprietary information regarding
Preservation Pursuant to | Pages 2:7, 4:19, 5:4-11 sensitive features of Google’s internal
5 Dkt. 947 systems and operations, including
6 various types of Google’s internal
projects, internal databases, and their
7 proprietary functionalities, as well as
internal metrics such as volumes and
8 costs associated with particular data
sources, that Google maintains as
? confidential in the ordinary course of
10 its business and is not generally known
to the public or Google’s competitors.
11 Such confidential and _ proprietary
information reveals Google’s internal
12 strategies, system designs, and
13 business practices for operating and
maintaining many of its services.
14 Public disclosure of such confidential
S and proprietary information could
3 15 affect Google’s competitive standing
as competitors may alter their systems
16 and practices relating to competing
5 products. It may also place Google at
: : □
an increased risk of cybersecurity
18 threats, as third parties may seek to use
the information to compromise
19 Google’s internal practices relating to
competing products.
20
21
SO ORDERED.
22
Dated: January 26, 2023
23
Svesom ye
29 SUSAN VAN KEULEN
United States Magistrate Judge
27
28