Brown v. Google LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CHASOM BROWN, et al., Case No. 20-cv-03664-LHK (SVK) Plaintiffs, ORDER GRANTING IN PART AND DENYING IN PART v. ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL

GOOGLE LLC,

Re: Dkt. Nos. 308, 309, 310, 321 Defendant.

Before the Court are several administrative motions to file under seal materials associated with discovery disputes in this case. Dkt. 308, 309, 310, 321; see also Dkt. 315. 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 16 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 19 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. Dkt. 308

Court’s Ruling

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

October 20, 2021 Special Master’s GRANTED as to Narrowly tailored to protect Report redacted portions at: confidential and proprietary information regarding sensitive Page 5, line 10; features of Google’s internal systems and operations, including Exhibit A, Page 1, details about internal identifiers, Column “Special projects, and data structures, that Master’s Order”, lines Google maintains as confidential in 11-17; 19 the ordinary course of its business and is not generally known to the Exhibit A, Page 3, public or Google’s competitors. Column “Special

Master’s Order”, lines

15-16, 20, 38-41, 43

2. Dkt. 309

Court’s Ruling

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

Plaintiffs’ Objections to the Special GRANTED as Narrowly tailored to protect Master’s Report and Orders on to redacted confidential and proprietary Referred Discovery Disputes portions on information regarding (“Plaintiffs’ Objections”) Pages 1-5. sensitive features of Google’s internal systems and operations, including details related to project names, cookies, internal identifiers, and financial information as well as Google’s and its proprietary functions, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors.

Plaintiffs’ [Proposed] Order Regarding GRANTED as to Narrowly tailored to protect Plaintiffs’ Objections to the Special redacted portions at confidential and proprietary Master’s Report and Orders on Page 2, lines 22-27; information regarding Referred Discovery Disputes Page 3, lines 1- sensitive features of Google’s 2, 9, 12-13. internal systems and operations, including details related to project names, cookies, internal identifiers, and financial information as well as Google’s internal communications and practices with regard to Incognito and its proprietary functions, 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 Plaintiffs’ Objections, GRANTED as Contains confidential and GOOG-CABR-03662096 to the entire proprietary information regarding document. sensitive features of Google’s internal systems and operations, including details related to project names, cookies, internal identifiers, and financial information as well as Google’s internal communications and practices with regard to Incognito and its proprietary functions, 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 Plaintiffs’ Objections, GRANTED as Contains confidential and GOOG-BRWN-00184875 to the entire proprietary information regarding document. sensitive features of Google’s internal systems and operations, including details related to internal projects as well as Google’s practices with regard to Incognito and its proprietary functions, 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 Plaintiffs’ Objections, GRANTED as Contains confidential and GOOG-BRWN-00433503 to the entire proprietary information regarding document. sensitive features of Google’s internal systems and operations, including details related to cookies, internal identifiers, and financial information as well as Google’s internal communications and practices with regard to Incognito and its proprietary functions, 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 Plaintiffs’ Objections, GRANTED as Contains confidential and GOOG-BRWN-00204684 to the entire proprietary information regarding document. sensitive features of Google’s internal systems and operations, including details related to cookies, internal metrics, and financial information as well as Google’s internal communications and practices with regard to Incognito and its proprietary functions, 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 Plaintiffs’ Objections, GRANTED as Contains confidential and GOOG-BRWN-00168623.C to the entire proprietary information regarding document. sensitive features of Google’s internal systems and operations, including details related to project names, cookies, and internal identifiers as well as Google’s practices with regard to Incognito and its proprietary functions, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors.

3. Dkt. 310

Court’s Ruling

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

Google’s Responses and Objections G tR oA reN dT acE tD ed a s N coa nr fr io dw enly ti ata l i alo nr de d p rt oo p p rir eo tt ae rc yt to Special Master’s Report and portions at: information regarding sensitive Orders on Referred Discovery Issues features of Google’s internal 2:19-21; 3:2-7; 3:9; systems and operations, including 3:13; 3:15; 4:8; 4:18- details related to various types of 21; 5:3-4 Google’s internal identifiers, projects, data logs, and data structures related to its products and services, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors.

GRANTED as Contains confidential and Exhibit 1 to the entire proprietary information regarding document sensitive features of Google’s internal systems and operations, including details related to various types of Google’s internal identifiers, projects, data logs, and data structures related to its products and services, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors.

GRANTED as Contains confidential and Exhibit 2 to the entire proprietary information regarding document sensitive features of Google’s internal systems and operations, including details related to Google’s internal logs data and data usage confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors.

GRANTED as Contains confidential and Exhibit 3 to the entire proprietary information regarding document sensitive features of Google’s internal systems and operations, including details related to Google’s internal identifiers and data usage policies, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors.

GRANTED as Contains confidential and Exhibit 4 to the entire proprietary information regarding document sensitive features of Google’s internal systems and operations, including details related to various types of Google’s internal identifiers, data flow, and data structures related to its products and services, 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. 321

Court’s Ruling

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

DENIED

Plaintiffs’ Demonstratives Plaintiffs seek to seal information on without the grounds that Google has prejudice designated the information under the protective order in this case, but Google has not filed a declaration demonstrating that the material is sealable, as required under Civil Local Rule 79-5. Google must submit the required declaration no later than November 19, 2021.

Failure to submit the required declaration by this extended deadline 1 SO ORDERED.

2 Dated: November 12, 2021

Sesion yah SUSAN VAN KEULEN 5 United States Magistrate Judge

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