Opinion
20-cv-03664-LHK (SVK)
12-07-2021
CHASOM BROWN, et al., Plaintiffs, v. GOOGLE LLC, Defendant.
ORDER ON ADMINISTRATIVE MOTION TO FILE UNDER SEAL
RE: DKT. NO. 337
SUSAN VAN KEULEN, United States Magistrate Judge.
Before the Court is Google's administrative motion to file under seal materials associated with discovery disputes in this case. Dkt. 337.
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 discovery-related motions, 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 motion to seal, supporting declarations, and the pleadings on file, and good cause appearing, the Court ORDERS as follows:
Documents Sought to Be Sealed | Court's Ruling on Motion to Seal | Reason(s) for Court's Ruling |
Exhibit A to Golueke Declaration in support of the Special Master Submission | GRANTED | Narrowly tailored to protect confidential technical information regarding sensitive features of Google's internal systems and operations, including the various types of data sources which include information related to Google's data logs, internal data structures, internal identifiers and their proprietary functions, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google's competitors. |
Exhibit B to Golueke Declaration in support of the Special Master Submission | GRANTED as to Portions Highlighted in Yellow at: Pages 3, 6, 7, 8, 10, 11, 13, 14, 17, 18, 19, 20 | Narrowly tailored to protect confidential technical information regarding sensitive features of Google's internal systems and operations, including the various types of data sources which include information related to Google's data logs, internal data structures, internal identifiers and their proprietary functions, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google's competitors. |
Exhibit B to Golueke Declaration in support of the Special Master Submission | GRANTED as to Portions Highlighted in Blue at: Pages 1-20 | Contains personal information regarding Plaintiffs. |
SO ORDERED.