Calhoun v. Google LLC

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA PATRICK CALHOUN, et al., Case No. 20-cv-05146-LHK (SVK) 5 Plaintiffs, ORDER ON JOINT SUBMISSION RE 6 v. SEALING PORTIONS OF APRIL 29, 2021 HEARING TRANSCRIPT GOOGLE LLC, Re: Dkt. No. 200 8 Defendant.

9 Now before the Court is the Parties’ joint submission (Dkt. 200), in which Google requests that the Court seal portions of the transcript of the April 29, 2021 discovery hearing.

11 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 13 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 16 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 motions to seal, supporting declarations, and the pleadings on file, and good cause appearing, the || Court ORDERS as follows: 4 Court’s Ruling ue on Motion to Reason(s) for Court’s Ruling 5 Sealed Seal April 29, 2021 Discovery Hearing GRANTED as to Narrowly tailored to protect 6 Transcript redacted portions at | confidential information 7 8:5-6, 8:16-17, 9:5- | regarding Google’s internal 6, 9:22, 11:2-4, systems and operations, including g san ' 513d > | details related to the various 12, 12:25-13:3, types of identifiers/cookies 9 13:6-12, 13:14-18, | Google uses internally and their 13:20-25, 14:22-23, | proprietary functions, the various 10 16:8-14, 16:20-23, types of data logs maintained by Wl 16:24-17:4, 18:2-7, | Google, and which logs are 18:9-11, 21:21-22, linked to a user’s Google 22:2-4, 22:8-9, Account 22:11-12, 22:21- 23:2, 23:13-16, 13 23:19-20, 24:4-6, 24:9, 25;10-12, 38:23, 39:1-3, 39:6- 8, 40:13-14, 40:18, 15 40:20-22, 41:1, 2 41:5, 41:8-9, 42:1-2, 16 42:3-7. 42:9, 42:10- 11, 42:14, 42:17-21, 17 43:1-12, 44:1, 44:11, 44:12, 44:14-18, a 18 44:20-45:1, 45:22- 24, 45:25-46:10, 19 46:20-24, 47:4-15, 47:20-22, 48:13-14, 20 48:17-18, 48:25- 49:1, 49:9-13, 21 49:19-20 22 SO ORDERED.

23 || Dated: May 26, 2021 25 Seton verKt 26 SUSAN VAN KEULEN United States Magistrate Judge