Brown v. Google LLC

2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA CHASOM BROWN, et al., Case No. 20-cv-03664-LHK (SVK) 6 Plaintiffs, ORDER ON ADMINISTRATIVE MOTIONS FOR LEAVE TO FILE 7 v. UNDER SEAL GOOGLE LLC, Re: Dkt. Nos. 321, 333, 339, 340 9 Defendant.

10 Before the Court are several administrative motions to file under seal materials associated with discovery disputes in this case. Dkt. 321, 333, 339, 340; see also Dkt. 334.

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 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. Dkt. 321 Court’s Ruling 6 Document Sought to be on Motion to Reason(s) for Court’s Ruling Sealed Seal 7 GRANTED as to Plaintiffs’ Demonstratives redacted portions at: The Court previously denied this 8 motion to seal without prejudice and Pages 3-6, 11-14, 16, gave Google until November 19, 18-19, 26, 28-33, 42- 2021 to submit the declaration 10 51 required under Civil Local Rule 79- 5. Dkt. 330. Google submitted the 11 required declaration by the deadline set by the Court. Dkt. 334.

The information requested to be 13 sealed is narrowly tailored to protect Google’s confidential and proprietary information regarding 15 sensitive features of Google’s internal systems and operations, 16 including details related to project names, cookies, internal identifiers, 17 as well as Google’s internal communications and practices with regard to Incognito and its 19 proprietary functions, that Google maintains as confidential in the 20 ordinary course of its business and is not generally known to the public or 21 Google’s competitors.

22 2. Dkt. 333 Court’s Ruling 24 Document Sought to be on Motion to Reason(s) for Court’s Ruling Sealed Seal 25 September 30, 2021 GRANTED as to Narrowly tailored to protect Hearing Transcript redacted portions at: confidential technical information regarding sensitive features of 27 59:17; 65:4-6, 68:13- Google’s internal systems and 14; 69:1-2, 9-10, 14 operations, including Google’s proprietary functions that Google maintains as confidential in the 2 ordinary course of its business and is not generally known to the public 3 or Google’s competitors as well as Plaintiffs’ personally identifiable 4 information.

5 3. Dkt. 339 Court’s Ruling 7 Document Sought to be on Motion to Reason(s) for Court’s Ruling Sealed Seal 8 GRANTED as to November 12, 2021 Order redacted portions at: Narrowly tailored to protect 9 confidential and proprietary information regarding sensitive 10 4:9; 4:13; 4:15 features of Google’s internal 11 identifiers, systems, projects, data structures, and operations that 12 Google does not share publicly, including particular internal data 13 sources Google was ordered to search for data relating to Plaintiffs, that Google maintains as 15 confidential in the ordinary course of its business and is not generally 16 known to the public or Google’s competitors.

GRANTED as to 18 Exhibit 1 (Brown) to redacted portions at: Narrowly tailored to protect November 12, 2021 Order confidential and proprietary 19 Paragraphs 3.1-3.7 information regarding sensitive features of Google’s internal 20 identifiers, systems, projects, data structures, and operations that 21 Google does not share publicly, including particular internal data sources Google was ordered to 23 search for data relating to Plaintiffs, that Google maintains as 24 confidential in the ordinary course of its business and is not generally 25 known to the public or Google’s competitors.

4, Dkt. 340 3 Court’s Ruling on Motion to Reason(s) for Court’s Ruling 4 Sealed Seal November 4, 2021 Hearing GRANTED as_to 5 Transcript edacted portions at: [Natrowly tailored to protect onfidential technical information 6 9:13; 11:9-10; 11:14,"egarding sensitive features of 7 12:7; 12:19; 13:15-17,Google’s internal systems and 13:19-20; 13:24: 14:4: operations, including details related 8 14:7-9: 14:14: 14:19-t0 Google’s internal systems, 14:21-22: 1 5:22-25:practices, projects, identifiers, 9 -1_d) 16:19 16-14-cookies, the various types of logs 16:1-4; 16:12; 16:14;/90"'«* YP’ □□ 16:18-24: 17:1-2: aintained by Google, information 10 17:4-5: 17:9-12; ontained in those logs, as well as 11 17:16: 19:1: 20:3-5{Google’s internal communications 21:2: 23:19: 23:22-23;fand practices with regard to 12 97:2: 27:13; 28:13-15;Incognito and their proprietary 28:24-25: 29:1-44 unctions, that Google maintains as 13 10-14: 31:18.Confidential in the ordinary course of 4 31:25; 32:3: 32:19-21 business and is not generally 33:5: 33:12; 33:21,known to the public or Google’s 34:19; 34:22-25; 35:1-ompetitors.

6; 35:18-22; 36:1; 16 36:8-9; 36:19-24; 37:4-7; 37:10; 37:15- 16; 37:25; 38-1; 39:2- 12 25; 40:13; 40:25; 41:1-9; 41:11; 41:14- 19 15; 42:12; 42:14-15; 42:20-21; 42:23-25; 20 43:1; 43:3; 44:16-18; 1 44:22-25; 45:1-2; 46:4-16; 47:2; 47:6; 2 49:3-6; 50:6; 50:9-13; 51:9; 51:11-17 24 SO ORDERED.

25 || Dated: November 23, 2021 ” Seesem yer 28 SUSAN VAN KEULEN United States Magistrate Judge