Opinion
19-cv-07016-SVK
08-05-2024
NICHOLE HUBBARD, et al., Plaintiffs, v. GOOGLE LLC, et al., Defendants.
ORDER SEALING SIXTH AMENDED COMPLAINT
Re: Dkt. No. 287
SUSAN VAN KEULEN United States Magistrate Judge
Plaintiffs recently filed their sixth amended complaint and a redline against their prior operative complaint. See Dkts. 286 (the “SAC”), 286-1. They redacted portions of those filings that disclose information which Defendants Google LLC and YouTube, LLC (collectively, “Google”) have designated as confidential under the protective order in this action, and they move for the Court to consider the propriety of those redactions. See Dkt. 287. Google filed a response, arguing in favor of maintaining very limited portions of Plaintiffs' redactions. See Dkt. 290. Specifically, Google requests that the Court seal the following information encompassed by the redactions: (1) the identities of Google customers; (2) the identity of a Google employee; and (3) the identity of an employee of a Google customer.
“The public has a right of access to the Court's files.” Civil Local Rule 79-5(a). To overcome that right in connection with seeking to seal portions of a complaint, a party must provide “compelling reasons” justifying the request. See, e.g., DeMartini v. Microsoft Corp., No. 22-cv-08991-JSC, 2023 WL 4205770, at *1-2 (N.D. Cal. June 26, 2023).
Google seeks to seal the identities of its customers to preserve its competitive standing. That satisfies the compelling-reasons standard. See, e.g., Apex.AI, Inc. v. Langmead, No. 23-cv-02230-BLF, 2023 WL 4157629, at *1-2 (N.D. Cal. June 23, 2023); True Health Chiropractic Inc. v. McKesson Corp., No. 13-cv-02219-HSG, 2019 WL 11743580, at *2 (N.D. Cal. Aug. 13, 2019).
Compelling reasons also exist to seal the names of the two employees identified in the SAC; they are non-parties to this action, and their names are irrelevant to the Parties' claims and defenses. See, e.g., Oracle Partners, L.P. v. Concentric Analgesics, Inc., No. 20-cv-03775-HSG, 2021 WL 1022874, at *2 (N.D. Cal. Mar. 17, 2021); Am. Auto. Ass'n of N. Cal., Nev. & Utah v. Gen. Motors LLC, No. 17-cv-03874-LHK, 2019 WL 1206748, at *2 (N.D. Cal. Mar. 14, 2019).
Accordingly, the Court SEALS the following information in the SAC and SAC redline:
Paragraphs Of Dkts. 286, 286-1
Information To Be Redacted
258-260; 262-264; 268-269
Identities of Google customers
265
Identity of Google employee
267
Identities of Google customer and that customer's employee
By August 12, 2024, Plaintiffs shall publicly file copies of the SAC and SAC redline with redactions of only the above-identified information. The unredacted copies of these documents at Dkts. 287-3 and 287-4 shall remain under seal.
SO ORDERED.