Opinion
20-cv-03664-YGR (SVK)
06-21-2022
CHASOM BROWN, et al., Plaintiffs, v. GOOGLE LLC, Defendant.
ORDER ON ADMINISTRATIVE MOTIONS FOR LEAVE TO FILE UNDER SEAL RE: DKT. NOS. 543, 545, 558, 560, 573, 586, 592
SUSAN VAN KEULEN United States Magistrate Judge
Before the Court are several administrative motions to file under seal materials associated with discovery disputes in this case. Dkt. 543, 545, 558, 560, 573, 586, 592; see also Dkt. 555, 570, 584.
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 motions to seal, supporting declarations, and the pleadings on file, and good cause appearing, the Court ORDERS as follows:
1. Dkt. 543
Document Sought to be Sealed
Court's Ruling on Motion to Seal
Reason(s) for Court's Ruling
Google LLC's Objections to Special Master's Report and Recommendation on Referred Discovery Issues (Preservation Plan)
GRANTED as to the portions at: Pages: 3:2-4, 3:7-12, 3:14-15, 4:1-9, 4:1314, 4:18-19, 5:4-5, 5:11-13, 5:16-17, 6:2-3, 6:8-9, 6:1314, 7:2-3, 7:6-7, 7:11-12, 7:16-17, 8:1-2, 8:6-7, 8:1112, 9:1, 9:5-6, 9:910, 9:14-16, 10:1, 10:8-10, 10:13-14, 10:17-19; 11:3-14, 11:16, 11:18-19, 12:1-4, 12:7, 12:1114, 13:1-2, 13:7-8, 13:14-16, 14:1, 14:5-15
The information requested to be sealed contains Google's confidential and proprietary information regarding sensitive features of Google's internal systems and operations, including various types of Google's internal projects, data signals, and logs and their proprietary functionalities, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google's competitors. Such confidential and proprietary information reveals Google's internal strategies, system designs, and business practices for operating and maintaining many of its services. Public disclosure of such confidential and proprietary information could affect Google's competitive standing as competitors may alter their systems and practices relating to competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise Google's internal practices relating to competing products.
2. Dkt. 545 ( see also Dkt. 555)
Document
Sought to be Sealed
Court's Ruling on Motion to Seal
Reason(s) for Court's Ruling
Plaintiffs' Objections to the Special Master's
GRANTED as to the portions at:
The information requested to be sealed contains Google's confidential and proprietary information regarding sensitive features of Google's internal
Report and Orders on Referred Discovery Disputes
Pages 1-3, 5-6
systems and operations, including various types of Google's internal projects, identifiers, data signals, and logs, and their proprietary functionalities, as well as internal metrics, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google's competitors. Such confidential and proprietary information reveals Google's internal strategies, system designs, and business practices for operating and maintaining many of its services. Public disclosure of such confidential and proprietary information could affect Google's competitive standing as competitors may alter their systems and practices relating to competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise Google's internal practices relating to competing products.
Exhibit 1 to Declaration of Mark C. Mao in Support of Plaintiffs' Objections to the Special Master's Recommended Preservation Plan
GRANTED as to the portions at: Pages 123:6-7, 173:4, 174:15, 174:24
The information requested to be sealed contains Google's confidential and proprietary information regarding sensitive features of Google's internal systems and operations, including various types of Google's internal projects, identifiers, and their proprietary functionalities, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google's competitors. Such confidential and proprietary information reveals Google's internal strategies, system designs, and business practices for operating and maintaining many of its services. Public disclosure of such confidential and proprietary information could affect Google's competitive standing as competitors may alter their systems and practices relating to competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise Google's internal practices relating to competing products.
Declaration of Christopher Thompson in Support of Plaintiffs' Objections to the Special Master's
GRANTED as to the portions at: PDF Pages 3:21-22, 4:1, 4:3-4, 4:14, 4:26
The information requested to be sealed contains Google's confidential and proprietary information regarding sensitive features of Google's internal systems and operations, including various types of Google's internal projects, data signals, and logs, and their proprietary functionalities, as well as internal metrics, that Google maintains as
Recommended Preservation Plan
confidential in the ordinary course of its business and is not generally known to the public or Google's competitors. Such confidential and proprietary information reveals Google's internal strategies, system designs, and business practices for operating and maintaining many of its services. Public disclosure of such confidential and proprietary information could affect Google's competitive standing as competitors may alter their systems and practices relating to competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise Google's internal practices relating to competing products.
Exhibit A to Thompson Declaration
GRANTED as to the portions at: Sealed in entirety
The information requested to be sealed contains Google's confidential and proprietary information regarding sensitive features of Google's internal systems and operations, including various types of Google's internal projects, identifiers, data signals, and logs, and their proprietary functionalities, as well as internal metrics, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google's competitors. Such confidential and proprietary information reveals Google's internal strategies, system designs, and business practices for operating and maintaining many of its services. Public disclosure of such confidential and proprietary information could affect Google's competitive standing as competitors may alter their systems and practices relating to competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise Google's internal practices relating to competing products.
Exhibit B to Thompson Declaration
GRANTED as to the portions at: Sealed in entirety
The information requested to be sealed contains Google's confidential and proprietary information regarding sensitive features of Google's internal systems and operations, including various types of Google's internal projects, identifiers, data signals, and logs, and their proprietary functionalities, as well as internal metrics, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google's competitors. Such confidential and proprietary information reveals Google's internal
strategies, system designs, and business practices for operating and maintaining many of its services. Public disclosure of such confidential and proprietary information could affect Google's competitive standing as competitors may alter their systems and practices relating to competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise Google's internal practices relating to competing products.
3. Dkt. 558
Document
Sought to be Sealed
Court's Ruling on Motion to Seal
Reason(s) for Court's Ruling
Google's Responses to Plaintiff's Objections to Special Master's Report and Recommendation on Referred Discovery Issues (Preservation Plan)
GRANTED as to the portions at: Pages: 2:7-8, 2:2627, 3:4-7, 3:22-24, 4:5, 5:14, 5:25-27, 6:10-11, 6:14, 6:17, 6:19-21, 7:2-5
The information requested to be sealed contain Google's confidential and proprietary informatioi regarding sensitive features of Google's interna systems and operations, including various types o Google's internal projects, data signals, and log and their proprietary functionalities, that Googl maintains as confidential in the ordinary course o its business and is not generally known to the publi or Google's competitors. Such confidential an< proprietary information reveals Google's interna strategies, system designs, and business practice for operating and maintaining many of its services Public disclosure of such confidential an< proprietary information could affect Google' competitive standing as competitors may alter thei systems and practices relating to competing products. It may also place Google at an increase! risk of cybersecurity threats, as third parties maj seek to use the information to compromis Google's internal practices relating to competing products.
Trebicka Exhibit 1
GRANTED as to the portions at: Redacted in its Entirety
The information requested to be sealed contain Google's confidential and proprietary informatioi regarding sensitive features of Google's interna systems and operations, including various types o Google's internal projects, data signals, and log and their proprietary functionalities, that Googl maintains as confidential in the ordinary course o its business and is not generally known to the publi or Google's competitors. Such confidential an< proprietary information reveals Google's interna
strategies, system designs, and business practices for operating and maintaining many of its services. Public disclosure of such confidential and proprietary information could affect Google's competitive standing as competitors may alter their systems and practices relating to competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise Google's internal practices relating to competing products.
Declaration of Richard Harting
GRANTED as to the portions at: Pages: 1:22-23, 2:36, 2:8-10, 2:13-26, 2:28, 3:1-7, 3:10-12, 3:14-15
The information requested to be sealed contains Google's confidential and proprietary information regarding sensitive features of Google's internal systems and operations, including various types of Google's internal projects, data signals, and logs and their proprietary functionalities, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google's competitors. Such confidential and proprietary information reveals Google's internal strategies, system designs, and business practices for operating and maintaining many of its services. Public disclosure of such confidential and proprietary information could affect Google's competitive standing as competitors may alter their systems and practices relating to competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise Google's internal practices relating to competing products.
4. Dkt. 560 (see also Dkt. 570)
Document Sought to be Sealed
Court's Ruling on Motion to Seal
Reason(s) for Court's Ruling
Plaintiffs' Response to Google's Objections to Special Master Brush Report
GRANTED as to the portions at: Pages 2-5
The information requested to be sealed contains Google's confidential and proprietary information regarding sensitive features of Google's internal systems and operations, including various types of Google's internal projects, identifiers, and logs and their proprietary functionalities, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google's competitors. Such confidential and proprietary information reveals Google's
internal strategies, system designs, and business practices for operating and maintaining many of its services. Public disclosure of such confidential and proprietary information could affect Google's competitive standing as competitors may alter their systems and practices relating to competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise Google's internal practices relating to competing products.
Thompson Declaration
GRANTED as to the portions at: Pages 1:19, 1:21, 1:24-26, 2:1-2, 2:6, 2:12, 2:15-17, 2:25, 2:27, 3:18, 3:21, 3:28, 4:2, 4:5-6, 4:12-13, 4:16
The information requested to be sealed contains Google's confidential and proprietary information regarding sensitive features of Google's internal systems and operations, including various types of Google's internal projects, identifiers, data signals, and logs and their proprietary functionalities, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google's competitors. Such confidential and proprietary information reveals Google's internal strategies, system designs, and business practices for operating and maintaining many of its services. Public disclosure of such confidential and proprietary information could affect Google's competitive standing as competitors may alter their systems and practices relating to competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise Google's internal practices relating to competing products.
5. Dkt. 573 (see also Dkt. 584)
Document Sought to be Sealed
Court's Ruling on Motion to Seal
Reason(s) for Court's Ruling
Plaintiffs' Response to Google's Submission Re: Privilege ReReview (Dkt. 566)
GRANTED as to the portions at: Pages 2:6-7
The information requested to be sealed contains Google's confidential and proprietary information regarding sensitive features of Google's internal systems and operations, including logs and their proprietary functionalities, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google's competitors. Such confidential and proprietary information reveals Google's internal strategies, system designs, and business practices
for operating and maintaining many of its services. Public disclosure of such confidential and proprietary information could affect Google's competitive standing as competitors may alter their systems and practices relating to competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise Google's internal practices relating to competing products.
6. Dkt. 586
Document Sought to be Sealed
Court's Ruling on Motion to Seal
Reason(s) for Court's Ruling
March 17, 2022 Hearing Transcript
GRANTED as to redacted portions at: Pages 13:7, 13:2414:1, 14:5, 14:10, 14:14, 14:22, 14:24, 15:3
The information requested to be sealed contains Google's confidential and proprietary information, including details related to Google's internal systems, projects, 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. Such confidential and proprietary information reveals Google's internal strategies, system designs, and business practices for operating and maintaining many of its services, and falls within the protected scope of the Protective Order entered in this action. See Dkt. 81 at 2-3. Public disclosure of such confidential and proprietary information could affect Google's competitive standing as competitors may alter their systems and practices relating to competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise Google's internal practices relating to competing products.
March 17, 2022 Hearing Transcript
GRANTED as to redacted portions at: 4:15-17
The information requested to be sealed contains sensitive medical information.
7. Dkt. 592
Document Sought to be Sealed
Court's Ruling on Motion to Seal
Reason(s) for Court's Ruling
Order Adopting in Part and Modifying In Part the Special Master's Report and Recommendation on Referred Discovery Issues re Preservation Plan (Dkt. 587)
GRANTED as to Portions of Order at: Pages 7:20-21, 7:2325, 8:14 GRANTED as to Portions of Exhibit A to Order at: Pages 2-3
Narrowly tailored to protect confidential technical information regarding sensitive features of Google's internal systems and operations, including various types of Google's internal projects, data signals, and logs and their proprietary functionalities, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google's competitors. Such confidential and proprietary information reveals Google's internal strategies, system designs, and business practices for operating and maintaining many of its services. Public disclosure of such confidential and proprietary information could affect Google's competitive standing as competitors may alter their systems and practices relating to competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise Google's internal practices relating to competing products.
SO ORDERED.