Opinion
Case No. 20-cv-03664-LHK (SVK)
04-05-2021
CHASOM BROWN, et al., Plaintiffs, v. GOOGLE LLC, Defendant.
ORDER ON ADMINISTRATIVE MOTION TO FILE UNDER SEAL
Re: Dkt. No. 118
Now before the Court is Google's Administrative Motions to File Documents Under Seal (Dkt. 118) seeking to seal portions of the parties' March 23, 2021 Joint Discovery Letter Brief (Dkt. 119).
Courts recognize a "general right to inspect and copy public records and documents, including judicial records and documents." Kamakana v. City & Cnty. Of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc., 435 U.S. 589, 597 & n.7 (1978)). A request to seal court records therefore starts with a "strong presumption in favor of 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 court records depends on the purpose for which the records are filed with the court. A party seeking to seal court records relating to motions that are "more than tangentially related to the underlying cause of action" must demonstrate "compelling reasons" that support secrecy. Ctr. For Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016). For records attached to motions that re "not related, or only tangentially related, to the merits of the case," the lower "good cause" standard of Rule 26(c) applies. Id.; see also Kamakana, 447 F.3d at 1179. A party moving to seal court records must also comply with the procedures established by Civil Local Rule 79-5.
Here, the "good cause" standard applies because the information the parties seek to seal was submitted to the Court in connection with a discovery-related motion, rather than a motion that concerns the merits of the case. The Court may reach different conclusions regarding sealing these documents under different standards or in a different context. Having considered the motions to seal, supporting declarations, and the pleadings on file, and good cause appearing, the Court ORDERS as follows:
| Document Sought to beSealed | Court's Rulingon Motion toSeal | Reason(s) for Court's Ruling |
|---|---|---|
| Joint Letter Brief Regarding Google'sESI Preservation | GRANTED as toredacted portions at3:17, 3:20, 3:21, 3:22,4:24-26, 4:27 | Narrowly tailored to protectconfidential technical informationregarding various types of data logsmaintained by Google, including thesize and other attributes of those logsand the cost for suspending retentionperiods for those logs. |
SO ORDERED. Dated: April 5, 2021
/s/_________
SUSAN VAN KEULEN
United States Magistrate Judge