Calhoun v. Google LLC

2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA PATRICK CALHOUN, et al., Case No. 20-cv-05146-LHK (SVK) 6 Plaintiffs, ORDER ON ADMINISTRATIVE 7 v. MOTIONS TO FILE UNDER SEAL GOOGLE LLC, Re: Dkt. Nos. 225, 232 9 Defendant.

10 Before the Court are administrative motions to file under seal materials submitted in connection with discovery disputes in this case. Dkt. Nos. 225, 232; see also Dkt. 229.

12 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 14 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 17 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: 4 1. ECF 225 Court’s Ruling 6 Document Sought to be on Motion to Reason(s) for Court’s Ruling 7 Sealed Seal Plaintiffs’ Notice of Motion and GRANTED as to Narrowly tailored to protect Motion to Compel, and redacted portions at confidential technical information Memorandum of Points and regarding features of Google’s Authorities in Support thereof (Dkt. Page i, lines 9, 12 operations and consumer data, 10 225-1). Page 2, lines 27 including the various types of Google’s internal 11 Page 3, lines 2-3 identifiers/cookies and their proprietary functions, the various 12 Page 6, lines 16-17, types of logs maintained by Google, and information 13 19-20, 22, 27-28 contained in those logs, that 14 Page 7, lines 3-28 Google maintains as confidential in the ordinary course of its 15 Page 8, 1-3, 10-24, business and is not generally known to the public or Google’s 16 27 competitors.

17 Page 9, line 16 Page 10, lines 15, 18 17, 20-23, 26 Declaration of Jay Barnes in GRANTED as to Narrowly tailored to protect Support of Plaintiffs’ Motion to redacted portions at confidential technical information 20 Compel (Dkt. 225-2). regarding features of Google’s Page 3, lines 5-8 operations and consumer data, 21 including the various types of Google’s internal identifiers/cookies and their 23 proprietary functions, the various types of logs maintained by 24 Google, and information contained in those logs, that 25 Google maintains as confidential in the ordinary course of its business and is not generally 27 known to the public or Google’s competitors.

Exhibit A to the Declaration of Jay GRANTED as to Contains confidential technical Barnes (Dkt. 225-5). the document in its information regarding the 2 entirety. operation of Google’s products and systems, including the various 3 types of Google’s internal identifiers/cookies and their 4 proprietary functions, the various types of logs maintained by Google, and information 6 contained in those logs, that Google maintains as confidential 7 in the ordinary course of its business and is not generally 8 known to the public or Google’s competitors.

Exhibit B to the Declaration of Jay GRANTED as to Contains confidential technical 10 Barnes (Dkt. 225-6). the document in its information regarding features of entirety Google’s operations and consumer 11 data, information regarding the various types of logs maintained 12 by Google, and information contained in those logs, that Google maintains as confidential 14 in the ordinary course of its business and is not generally 15 known to the public or Google’s competitors.

Exhibit C to the Declaration of Jay GRANTED as to Contains confidential technical 17 Barnes (Dkt. 225-7). the document in its information regarding features of entirety Google’s confidential technical 18 information regarding the various types of logs maintained by 19 Google, and information contained in those logs, that Google maintains as confidential 21 in the ordinary course of its business and is not generally 22 known to the public or Google’s competitors.

23 Exhibit D to the Declaration of Jay GRANTED as to Contains confidential technical Barnes (Dkt. 225-8). the document in its information regarding features of entirety Google’s operations and consumer 25 data, including the various types of Google’s internal 26 identifiers/cookies and their proprietary functions, that Google 27 maintains as confidential in the is not generally known to the public or Google’s competitors.

2 Exhibit E to the Declaration of Jay GRANTED as to Contains confidential technical Barnes (Dkt. 225-9). the document in its information regarding features of 3 entirety Google’s operations and consumer data, including the various types 4 of Google’s internal identifiers/cookies and their proprietary functions, the various 6 types of logs maintained by Google, and information 7 contained in those logs, that Google maintains as confidential 8 in the ordinary course of its business and is not generally known to the public or Google’s 10 competitors.

Exhibit F to the Declaration of Jay GRANTED as to Contains confidential technical 11 Barnes (Dkt. 225-10). the document in its information regarding features of entirety Google’s operations and consumer data, including the various types of Google’s internal identifiers/cookies and their 14 proprietary functions, the various types of logs maintained by 15 Google, and information contained in those logs, that Google maintains as confidential 17 in the ordinary course of its business and is not generally 18 known to the public or Google’s competitors.

19 Exhibit G to the Declaration of Jay GRANTED as to Contains confidential technical Barnes (Dkt. 225-11). the document in its information regarding Google’s entirety internal policies regarding data 21 retention that Google maintains as confidential in the ordinary course 22 of its business and is not generally known to the public or Google’s 23 competitors.

Proposed Order on Motion to GRANTED as to Narrowly tailored to protect Compel (Dkt. 225-12). redacted portions at confidential technical information 25 Page 1, lines 7, 10 regarding features of Google’s operations and consumer data, 26 including the various types of logs maintained by Google and 27 including the various types of identifiers/cookies that Google maintains as confidential in the 2 ordinary course of its business and is not generally known to the 3 public or Google’s competitors.

4 2. ECF 232 Court’s Ruling 6 Reason(s) for Court’s Ruling Document Sought to be Sealed on Motion to 7 Seal Opposition To Plaintiffs’ Motion To GRANTED as to Narrowly tailored to protect Compel Production of Plaintiffs’ redacted portions at confidential technical information Information; regarding features of Google’s 9 operations and consumer data, Page 1, lines 15-16 including the various types of 10 Page 5, lines 19-24 Google’s internal 11 identifiers/cookies and their Page 6, lines 8, 13, proprietary functions, the various 12 21, 23-28 types of logs maintained by Google, and information contained 13 Page 7, lines 1-2, 4- in those logs, that Google 10, 12-27 maintains as confidential in the ordinary course of its business and 15 Page 8, lines 2-13 is not generally known to the public or Google’s competitors.

16 Page 9, lines 14-16 Ex. 1, June 21, 2021 Google Letter to GRANTED as to Contains confidential technical 17 Plaintiffs redacted portions at information regarding highly Exhibit A, pages 3- sensitive features of Google’s 13 operations and consumer data, 19 including the Google’s internal identifiers/cookies, that Google 20 maintains as confidential in the ordinary course of its business and 21 is not generally known to the public or Google’s competitors.

Also contains Plaintiffs’ 23 Personally Identifiable Information.

Ex. 3, the April 9, 2021 deposition GRANTED as to Narrowly tailored to protect highly 25 transcript of David Monsees redacted portions at confidential and proprietary 9:11, 36:1-3, 36:8- information regarding Google’s 37:5, 37:9-38:1, internal systems and operations, 27 39:24-40:6, 42:25- including details related to the 43:2, 43:8-12, 43:17- various types of identifiers / 46:2-19, 46:21-47:4, their proprietary functions, the 47:16-25, 49:1-3, various types of data logs 2 49:12-50:2, 52:13- maintained by Google, including 19, 54:16-56:2, 57:2- the information contained in those 3 59:9, 59:13-14, logs, and the role and 59:24-61:10, 62:4- responsibilities of its employee as 4 19, 62:23-24, 63:17- they relate to internal, proprietary 64:13, 65:23-67:1, Google services, that Google 67:5, 67:13-68:6, maintains as confidential in the 6 69:2-11, 69:14-18, ordinary course of its business and 69:20-22, 70:1-5, is not generally known to the 7 70:18-71:3, 71:23- public or Google’s competitors.

78:5, 78:7-18, 78:23- 8 79:13, 79:16-17, 79:19-80:11, 80:17- 24, 81:1-3, 81:5-17, 10 81:22-82:3, 83:13- 20, 84:1-2, 84:5-6, 11 84:8-85:12, 86:14- 87:21, 88:15-22, 12 89:4-25, 90:2-22, 90:25-91:2, 92:10- 93:14, 93:18-22, 14 93:24-97:8, 97:18- 24, 98:3-4, 98:7- 15 100:21, 100:25- 101:4, 101:6-102:20, 16 103:3-12, 103:16- 107:25, 108:5-9, 108:13-110:13, 18 110:16-25, 111:2-14, 111:18-22, 111:24- 19 113:7, 113:19-20, 113:23-114:5, 114:7- 14, 121:7-122:5, 21 122:8-17, 128:7-8, 128:16-19, 142:24- 22 143:9, 143:15- 144:25, 149:4-24, 23 183:17-190:2, 191:4- 200:18, 200:23- 202:1, 202:6-8, 25 202:10-203:25, 204:8-206:14, 26 206:18-207:14, 207:19-20, 207:24- 27 208:6, 209:16- 213:24- 216:2, | 228:23-234:5, > 235:20-236:16, 236:19-239:5, 3 241:14-243:19, 252:12-17, 254:9-15, 4 254:20-255:22, 258:10-259:19, 261:25-262:15, 6 263:8-24, 264:11- 265:25, 266:3-13, 7 266:17-20, 267:17- 268:14, 269:3- 8 270:14, 271:6- 9 274:21, 274:24- 277:10, 277:13- 10 283:12, 283:17-25, 285:2-286:7, 286:13- 11 289:6, 290:2-292:4, 292:7-24, 293:1- 297:14, 297:19- 298:2, 298:6, 298:17-299:1, 299:7- 44 14, 299:20-22, 300:19-24, 301:1- 308:7, 308:16-310:3, 6 310:6-25, 311:2- 315:7, 315:15-25, 47 317:1-22, 319:21- & 320:20, 321:6- 12 322:13, 325:25- 328:19, 329:2- 19 333:19, 334:8-337:5, 337:13-339:15, 20 340:9-341:13, 342:8- 12, 342:15-25, 343:2-12, 343:16- 22 344:17; Index, pp. 7, 8, 20, 23 22, 25, 28, 29, 33, 35, 34 39, 42, 47, 65 SO ORDERED.

Dated: August 11, 2021 26 S SUSAN VAN KEULEN 28 United States Magistrate Judge