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 MOTIONS TO SEAL v.

GOOGLE LLC, Re: Dkt. Nos. 273, 280, 288, 289, 293, 296, 308, 313

Defendant.

Before the Court are several administrative motions to file under seal materials associated with discovery disputes in this case. Dkt. 273, 280, 288, 289, 293, 296, 308, 313; see also Dkt. 284, 291, 295.

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 17 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 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. 273

Court’s Ruling

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

Plaintiffs’ Response to Google’s GRANTED as to Narrowly tailored to protect Statement re Identification of redacted portions at: confidential technical information Discovery Disputes for Resolution regarding the operations of Google’s Page 1, lines 24-26 products and systems and Page 2, lines 9- confidential business information 11, 13-14, 18-20 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. Dkt. 280

Court’s

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

June 2, 2021 Hearing GRANTED as to Narrowly tailored to protect confidential Transcript redacted portions at: technical information regarding features of Google’s internal systems and 13:2, 13:8, 13:11, operations, including Google’s internal 32:18-20, 34:10, policies, internal data structures, internal identifiers/cookies and their proprietary 34:23-25, 36:23-

37:3, 37:8-11, 37:15-f cu on nc ft ii do en ns t, i at lh a int G tho eo og rl de i nm aa ri yn cta oi un rs s a es o f its 16, 37:19-20, 37:22- business and is not generally known to 24, 38:3-5, 46:3-11, the public or Google’s competitors. 46:14-15, 46:17-23,

46:25, 47:1, 70:20,

70:24, 71:2.

3. Dkt. 288

Court’s Ruling

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

August 12, 2021 Hearing GRANTED as to Narrowly tailored to protect Transcript redacted portions at: confidential technical information regarding features of Google’s 12:22-24; 14:3; 53:23 internal systems and operations, including Google’s internal data structures, internal identifiers and their proprietary functions, as well as plaintiff health information that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors.

4. Dkt. 289

Court’s

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

Motion to

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 the operation of Authorities in Support thereof (Dkt. Page 1, Lines 20, Google’s products and systems, 290) 22-25, 28; including information related to Page 2, Lines 2-6, Google’s internal project and 11-14, 16-20, 22-23, Google’s confidential business 26-27; information that was requested by Page 3, Lines 24-27; the State of Texas, State of Page 4, Lines 3 Arizona, and the FTC in confidence that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors.

Declaration of David A. Straite in GRANTED as to Narrowly tailored to protect Support of Plaintiffs’ Motion to redacted portions at: Google’s confidential business Compel (Dkt. 291) Page 2, Lines 18-19, information that was requested by 21-22, 24-25, 27-28; the State of Texas, State of Page 3, Lines 2-3, Arizona, and the FTC in 11-12, 14-15, 17-18, confidence that Google maintains 20-21, 23-26 as confidential in the ordinary generally known to the public or Google’s competitors.

Exhibit A to the Declaration of GRANTED as to Contains Google’s confidential David A. Straite Entire Document technical information regarding the operation of Google’s products and systems, including Google’s logs, internal data structures, internal identifiers/cookies and their proprietary functions and Google’s confidential business information that was requested by the State of Texas in confidence 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 GRANTED as to Contains Google’s confidential David A. Straite Entire Document business information that was requested by the State of Texas in confidence 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 GRANTED as to Contains Google’s confidential David A. Straite Entire Document business information that was requested by the State of Texas in confidence 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 GRANTED as to Contains Google’s confidential David A. Straite Entire Document business information that was requested by the State of Texas in confidence 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 E to the Declaration of GRANTED as to Contains Google’s confidential David A. Straite Entire Document technical information regarding the operation of Google’s products and systems, including Google’s logs, internal data structures, internal identifiers and projects, internal groups, and Google’s confidential business information that was requested by the State of Texas in confidence 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 GRANTED as to Contains Google’s confidential David A. Straite Entire Document business information that was requested by the State of Texas in confidence 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 I to the Declaration of David GRANTED as to Contains Google’s confidential A. Straite Entire Document business information that was requested by the State of Arizona in confidence 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 J to the Declaration of David GRANTED as to Contains Google’s confidential A. Straite Entire Document business information that was requested by the State of Arizona in confidence 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 K to the Declaration of GRANTED as to Contains Google’s confidential David A. Straite Entire Document technical information regarding the operation of Google’s products and systems, including projects and their proprietary functions, and Google’s confidential business information that was requested by the State of Arizona in confidence 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 L to the Declaration of GRANTED as to Contains Google’s confidential David A. Straite Entire Document technical information regarding the operation of Google’s products and systems, including Google’s internal identifiers, cookies, and projects and their proprietary functions and Google’s confidential business information that was requested by the State of Arizona in confidence 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 Contains Google’s confidential Compel Entire Document business information that was requested by the State of Texas, State of Arizona, and the FTC in confidence that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors.

5. Dkt. 293

Court’s

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

Sealed

Motion to

Seal

Joint Submission in Response to GRANTED as to Narrowly tailored to protect Dkt. 276 re Logs Preservation redacted portions at: confidential technical information regarding features of page 3, lines 3, 7-12, operations, including the various 16-18, 21-23, 25, types of Google’s data logs and 27; information contained in those page 5, lines 9-16, logs, internal data structures, 19, 24-25; internal identifiers and their page 6, lines 4-6, 8- proprietary functions, that 13, 17-18, 28. Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors.

6. Dkt. 296

Court’s Ruling

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

Opposition To Plaintiffs’ Motion To GRANTED as to Narrowly tailored to protect Compel Production of Regulator redacted portions at confidential information regarding Documents Re: Dispute 1.4 Google’s products and systems, Page 2, lines 19-24; including the various types of Page 3, lines 1-2 Google’s internal projects and identifiers as well as Google’s confidential business information that was requested by the State of Texas and State of Arizona in confidence, which Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors.

7. Dkt. 308

Court’s Ruling

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

September 8, 2021 Order GRANTED as to Narrowly tailored to protect (Dkt. 299) redacted portions at: confidential business information related to Google’s internal page 2, line 20 systems and related personnel which Google maintains as confidential in the ordinary course known to the public or Google’s competitors.

8. Dkt. 313

Court’s Ruling

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

Joint Submission in Response to Dkt. | GRANTED to| Narrowly tailored to protect re Status of Discovery Disputes | redacted portions at | confidential information regarding Google’s products and systems, 3, 4,5, 10, 14 including details related to Google’s internal cookies, identifiers, practices, and logs, including internal operations related to internal identifiers, as well as nonpublic regulatory investigations, which Google 1] maintains as confidential in the ordinary course of its business and 12 is not generally known to the public 13 or Google’s competitors.

SO ORDERED.

Dated: September 30, 2021

Q 16 = 17 Sussm yar Kul SUSAN VAN KEULEN United States Magistrate Judge