Calhoun v. Google LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

PATRICK CALHOUN, et al., Case No. 20-cv-05146-LHK (SVK) Plaintiffs,

ORDER ON ADMINISTRATIVE v. MOTIONS TO FILE UNDER SEAL GOOGLE LLC, Re: Dkt. Nos. 225, 232 Defendant.

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. 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:

1. ECF 225

Court’s Ruling

Document Sought to be on Motion to Reason(s) for Court’s Ruling 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, 225-1). Page 2, lines 27 including the various types of Google’s internal Page 3, lines 2-3 identifiers/cookies and their proprietary functions, the various Page 6, lines 16-17, types of logs maintained by Google, and information 19-20, 22, 27-28 contained in those logs, that Page 7, lines 3-28 Google maintains as confidential in the ordinary course of its Page 8, 1-3, 10-24, business and is not generally known to the public or Google’s 27 competitors.

Page 9, line 16

Page 10, lines 15,

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

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 entirety Google’s operations and consumer data, including the various types of Google’s internal identifiers/cookies and their proprietary functions, the various types of logs maintained by Google, and information contained in those logs, 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 F to the Declaration of Jay GRANTED as to Contains confidential technical 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 proprietary functions, the various types of logs maintained by Google, and information contained in those logs, 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 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 retention that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors.

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

2. ECF 232

Court’s Ruling

Reason(s) for Court’s Ruling Document Sought to be Sealed on Motion to

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 operations and consumer data, Page 1, lines 15-16 including the various types of Page 5, lines 19-24 Google’s internal identifiers/cookies and their Page 6, lines 8, 13, proprietary functions, the various 21, 23-28 types of logs maintained by Google, and information contained 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 Page 8, lines 2-13 is not generally known to the public or Google’s competitors.

Page 9, lines 14-16

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

Also contains Plaintiffs’ Personally Identifiable Information.

Ex. 3, the April 9, 2021 deposition GRANTED as to Narrowly tailored to protect highly 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, 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 49:12-50:2, 52:13- maintained by Google, including 19, 54:16-56:2, 57:2- the information contained in those 59:9, 59:13-14, logs, and the role and 59:24-61:10, 62:4- responsibilities of its employee as 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 69:2-11, 69:14-18, ordinary course of its business and 69:20-22, 70:1-5, is not generally known to the 70:18-71:3, 71:23- public or Google’s competitors. 78:5, 78:7-18, 78:23-

79:13, 79:16-17,

79:19-80:11, 80:17-

24, 81:1-3, 81:5-17,

81:22-82:3, 83:13-

20, 84:1-2, 84:5-6,

84:8-85:12, 86:14-

87:21, 88:15-22,

89:4-25, 90:2-22,

90:25-91:2, 92:10-

93:14, 93:18-22,

93:24-97:8, 97:18-

24, 98:3-4, 98:7-

100:21, 100:25-

101:4, 101:6-102:20,

103:3-12, 103:16-

107:25, 108:5-9,

108:13-110:13,

110:16-25, 111:2-14,

111:18-22, 111:24-

113:7, 113:19-20,

113:23-114:5, 114:7-

14, 121:7-122:5,

122:8-17, 128:7-8,

128:16-19, 142:24-

143:9, 143:15-

144:25, 149:4-24,

183:17-190:2, 191:4-

200:18, 200:23-

202:1, 202:6-8,

202:10-203:25,

204:8-206:14,

206:18-207:14,

207:19-20, 207:24-

208:6, 209:16-

213:24- 216:2, | 228:23-234:5, > 235:20-236:16,

236:19-239:5,

241:14-243:19,

252:12-17, 254:9-15, 254:20-255:22,

258:10-259:19,

261:25-262:15,

263:8-24, 264:11- 265:25, 266:3-13, 266:17-20, 267:17- 268:14, 269:3-

270:14, 271:6- 274:21, 274:24- 277:10, 277:13-

283:12, 283:17-25, 285:2-286:7, 286:13- 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,

310:6-25, 311:2- 315:7, 315:15-25,

47 317:1-22, 319:21- &

320:20, 321:6-

322:13, 325:25- 328:19, 329:2-

333:19, 334:8-337:5, 337:13-339:15,

340:9-341:13, 342:8- 12, 342:15-25, 343:2-12, 343:16- 344:17;

Index, pp. 7, 8, 20, 22, 25, 28, 29, 33, 35, 34 39, 42, 47, 65

SO ORDERED.

Dated: August 11, 2021

S

SUSAN VAN KEULEN United States Magistrate Judge