Brown v. Google LLC

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA CHASOM BROWN, et al., Case No. 20-cv-03664-YGR (SVK) 8 Plaintiffs, ORDER INSTRUCTING PARTIES RE 9 v. FUTURE SEALING MOTIONS

10 GOOGLE LLC, ORDER ON ADMINISTRATIVE MOTIONS FOR LEAVE TO FILE 11 Defendant. UNDER SEAL 12 Re: Dkt. Nos. 410, 423, 436, 452, 455, 463, 469, 470, 475

ORDER INSTRUCTING PARTIES RE FUTURE SEALING MOTIONS In the proposed orders on future sealing motions relating to discovery-related filings, the Court requests that the party seeking to seal material include for the Court’s consideration proposed language regarding the reason(s) for the Court’s ruling (see, e.g., Dkt. 337-2), rather than simply cross-referencing the document(s) filed in support of the sealing request (see., e.g., Dkt.

470-2).

22 ORDER ON ADMINISTRATIVE MOTIONS FOR LEAVE TO FILE UNDER SEAL Before the Court are several administrative motions to file under seal materials associated with discovery disputes in this case. Dkt. 410, 423, 436, 452, 455, 463, 469, 470, 475; see also Dkt. 421, 459.

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 1 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 4 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. 410 Court’s Ruling 21 Document Sought to be on Motion to Reason(s) for Court’s Ruling Sealed Seal GRANTED as to 30(b)(6) Joint Letter Brief 23 redacted portions The information requested to be at: sealed contains Google’s 24 Pages 1:14-15, confidential and proprietary 25 1 1: :1 26 4, , 1 1: :1 28 7, , 1 2: :2 11 , , i fn eafo turm rea s t oio fn G, ore og ga lr ed ’sin ig n ts ee rn ns ai lt i sv ye s tems 26 2:8-12, 2:17, and operations, including details 2:19, 2:25, 3:4- related to internal projects, 27 5, 4:1-2, 4:8. identifiers, cookies, and their proprietary functionalities, as well as 5:1, 5:6-7, 5;15- that Google maintains as 16 confidential in the ordinary course of 2 its business and is not generally known to the public or Google’s 3 competitors. Such confidential and proprietary information reveals 4 Google’s internal strategies, and business practices for operating and maintaining many of its services.

6 Public disclosure of such confidential and proprietary 7 information could affect Google’s competitive standing as competitors 8 may alter their systems and practices relating to competing products. It may also place Google at an 10 increased risk of cyber security threats, as third parties may seek to 11 use the information to compromise Google’s internal practices relating 12 to competing products.

13 Exhibit A to 30(b)(6) Joint GRANTED as to The information requested to be redacted portions Letter Brief sealed contains Google’s 14 at: confidential and proprietary 15 Pages 1:4, 1:8, information, regarding sensitive 2:7, 3:15, 6:8- features of Google’s internal 16 10, 6:13, 7:4, systems and operations, including 7:7, 7:10, 7:12, details related to internal projects, 17 8:8. 15:5, 15;8, identifiers, cookies, and their 15:10, 16:15, proprietary functionalities, as well 18 17:4, 17:6, as internal investigations of 19 21:11, 21:14-15, features, that Google maintains as 22:3, 22:5, 22;7- confidential in the ordinary course 20 9, 22:12, 23:3, of its business and is not generally 23:6, 23:13, known to the public or Google’s 21 24:5, 25:10, competitors. Such confidential and 22 25:13, 25:15, proprietary information reveals 26:9-10, 27:10- Google’s internal strategies, and 23 11, 27:13, business practices for operating and 27:15, 31:14, maintaining many of its services.

24 32:6, 32:13 Public disclosure of such confidential and proprietary information could affect Google’s 26 competitive standing as competitors may alter their systems and 27 practices relating to competing products. It may also place Google security threats, as third parties may seek to use the information to 2 compromise Google’s internal practices relating to competing 3 products.

5 2. Dkt. 423 Court’s Ruling 7 Document Sought to be on Motion to Reason(s) for Court’s Ruling 8 Sealed Seal GRANTED as to 9 Joint Submission in Response to redacted portions The information requested to be Dkt. 416 Re: Status of Discovery sealed contains Google’s at: 10 Disputes confidential and proprietary PDF pp. 4-8, information, regarding sensitive 11 13-14, 18, 22 features of Google’s internal systems and operations, including details related to internal projects, 13 identifiers, and cookies, and their proprietary functionalities, that 14 Google maintains as confidential in the ordinary course of its business 15 and is not generally known to the public or Google’s competitors.

Such confidential and proprietary 17 information reveals Google’s internal strategies, and business 18 practices for operating and maintaining many of its services.

Public disclosure of such confidential and proprietary information could affect Google’s 21 competitive standing as competitors may alter their systems and 22 practices relating to competing products. It may also place Google at an increased risk of cyber 24 security threats, as third parties may seek to use the information to 25 compromise Google’s internal practices relating to competing 26 products.

3. Dkt. 436 Court’s Ruling 2 Document Sought to be on Motion to Reason(s) for Court’s Ruling Sealed Seal 3 GRANTED as to Ex. A to February 22, 2022 Order on redacted portions at: The information requested to be the Parties’ joint discovery letter sealed contains non-public, sensitive brief re Plaintiffs’ Rule 30(b)(6) 1:4, 1:8, 2:7, 3:15, confidential business information deposition notices 6:8-10, 6:13, 7:4, 7:7, related to Google’s internal 6 7:10, 7:12, 8:8, 15:5, technological systems that could 15;8, 15:10, 16:15, affect Google’s competitive standing 7 17:4, 17:6, 21:11, and may expose Google to increased 21:13-15, 22:3-4, security risks if publicly disclosed, 8 22:5, 22;7-9, 22:12, including details related to internal 9 23:3, 23:6, 23:13, projects, identifiers, and cookies, and 24:5, 25:10, 25:13, their proprietary functionalities, 10 25:15, 26:9- 10, which Google maintains as 27:10-11, 27:13, confidential in the ordinary course of 11 27:15, 31:14, 32:6, its business and is not generally 32:13 known to the public or Google’s 12 competitors. Such confidential information reveals Google’s internal systems and operations.

14 Public disclosure of such confidential information could affect 15 Google’s competitive standing as competitors may alter their system 16 designs and practices relating to competing products, time strategic litigation, or otherwise unfairly 18 compete with Google.

19 4. Dkt. 452 Court’s Ruling 21 Document Sought to be on Motion to Reason(s) for Court’s Ruling Sealed Seal GRANTED Ex. A (GOOG-BROWN 00023909) The information sought to be sealed to Google’s Submission Re: P23 contains confidential information 24 about Google’s employees working on certain products that Google does 25 not share publicly and maintains as confidential in the ordinary course of 26 its business and is not generally known to the public or Google’s competitors. Specifically, this to the names, organizational division, manager, and title of 2 Google employees working on certain products. Such information 3 reveals Google’s internal strategies and business practices for operating 4 and maintaining many of its services. Public disclosure of the above-listed information would harm 6 Google’s competitive standing by revealing confidential information 7 relating to Google’s employees working on certain competing 8 products to Google’s competitors, allowing them to understand which employees are working on which 10 competing products and recruit or contact those employees, alter their 11 own plans for product development and/or commercialization, time 12 strategic litigation, focus their patent prosecution strategies, or otherwise unfairly compete with Google.

5. Dkt. 455 16 Court’s Ruling Document Sought to be on Motion to Reason(s) for Court’s Ruling 17 Sealed Seal Joint Submission In Response To Dkt. GRANTED as to 447-1 Re: Plaintiffs’ Request For In redacted portions at: The information sought to be sealed Camera Submission contains confidential and proprietary 2:4, 2:22, 3:4 information regarding highly 20 sensitive features of Google’s internal systems and operations that 21 Google does not share publicly and maintains as confidential in the ordinary course of its business and is 23 not generally known to the public or Google’s competitors. Specifically, 24 this information provides details related to various types of Google’s 25 internal data signals and logs and their proprietary functionalities.

Such information reveals Google’s 27 internal strategies, system designs, and business practices for operating while complying with legal and privacy obligations. Public 2 disclosure of the above-listed information would harm Google’s 3 competitive standing it has earned through years of innovation and 4 careful deliberation, by revealing sensitive aspects of Google’s proprietary systems, strategies, and 6 designs to Google’s competitors, allowing them to alter their own 7 plans for product development and/or commercialization, time 8 strategic litigation, focus their patent prosecution strategies, or otherwise unfairly compete with Google.

6. Dkt. 463 12 Court’s Ruling Document Sought to be on Motion to Reason(s) for Court’s Ruling 13 Sealed Seal Joint Submission Re: Google’s RFA GRANTED as to and Interrogatory Responses redacted portions at: The information requested to be 15 sealed contains confidential and 1:21, 1:28, 2:1-10, proprietary information regarding 16 2:23, 3:19, 4:3-5, 4:7, sensitive features of Google’s 4:11-12 internal systems and operations that 17 Google does not share publicly and maintains as confidential in the ordinary course of its business and is 19 not generally known to the public or Google’s competitors. Specifically, 20 this information provides details related to various types of Google’s 21 internal project, data signals, and logs and their proprietary functionalities, as well as internal 23 metrics and investigation into financial impact of certain features.

24 Such information reveals Google’s internal strategies, system designs, 25 and business practices for operating and maintaining many of its services while complying with legal and 27 privacy obligations. Public disclosure of the identified competitive standing by revealing sensitive aspects of Google’s 2 proprietary systems, strategies, and designs to Google’s competitors, 3 allowing them to alter their own plans for product development 4 and/or commercialization, time strategic litigation, focus their patent prosecution strategies, or otherwise 6 unfairly compete with Google.

Exhibit A GRANTED as to 7 redacted portions at: The information requested to be sealed contains confidential and 8 Pages 1, 7, 11-21 proprietary information regarding sensitive features of Google’s 9 internal systems and operations that Google does not share publicly and maintains as confidential in the 11 ordinary course of its business and is not generally known to the public or 12 Google’s competitors. Specifically, this information provides details 13 related to various types of Google’s internal project, data signals, and logs and their proprietary 15 functionalities, as well as internal metrics and investigation into 16 financial impact of certain features.

Such information reveals Google’s internal strategies, system designs, and business practices for operating and maintaining many of its services 19 while complying with legal and privacy obligations. Public 20 disclosure of the identified information risks harm to Google’s competitive standing by revealing 22 sensitive aspects of Google’s proprietary systems, strategies, and 23 designs to Google’s competitors, allowing them to alter their own 24 plans for product development and/or commercialization, time strategic litigation, focus their patent 26 prosecution strategies, or otherwise unfairly compete with Google.

7. Dkt. 469 Court’s Ruling 3 Document Sought to be on Motion to Reason(s) for Court’s Ruling Sealed Seal Ex. A to Joint Submission in Response GRANTED as to to Dkts. 447 and 449 re: Sealing redacted portions at: The information requested to be Portions of March 2, 2022 Order Re sealed contains personal and private Discovery Disputes P25, P26, and P29 Pages 7-8 medical information related to a 6 Google employee, which Google maintains as confidential in the ordinary course of its business and is 8 not generally known to the public.

9 8. Dkt. 470 Court’s Ruling 11 Document Sought to be on Motion to Reason(s) for Court’s Ruling 12 Sealed Seal Ex. A to March 1, 2022 Order GRANTED as to Following February 28, 2022 redacted portions at: The information requested to be Discovery Hearing sealed contains non-public, sensitive 14 Pages 3-4, 6-7, 10-13, confidential business information 16-17, 20-21 related to Google’s internal 15 technological systems that could affect Google’s competitive standing and may expose Google to increased 17 security risks if publicly disclosed, including details related to internal 18 systems and operations that Google does not share publicly, including 19 details related to internal projects, identifiers, cookies, data field, and logs and their proprietary 21 functionalities, internal investigations of features, and 22 personal and private information related to a Google employee, which 23 Google maintains as confidential in the ordinary course of its business and is not generally known to the 25 public or Google’s competitors.

Public disclosure of such 26 confidential information could affect Google’s competitive standing as 27 competitors may alter their system 1 ompeting products, time strategic itigation, or otherwise unfairly 2 ompete with Google.

3 9. Dkt. 475 Court’s Ruling > Pocument>e a ee a ‘ee to Reason(s) for Court’s Ruling ea 6 ranscript of February 28, 2022;IGRANTED as to || |Discovery Hearing edacted portions at: [The information requested to be □ sealed contains non-public, sensitive g Pages 7:1, 7:11, 8:5- onfidential business information 6. 8:12. 10:24. 11:14. related to Google’s internal 9 12:2-3. 12:5-7. 12:10, technological systems that could 12:23. 13:5. 18:5-6, affect Google’s competitive standing 10 18:22-19:1. 19:3. 4, may expose Google to increased ll 19:7-8, 20:16-17, security risks if publicly disclosed, 28:17. 30:11. 31:20, jncluding details related to internal 3s 12 33:22-23, 34:4-5, ystems and operations that Google 34:18, 35:2, 37:17, [does not share publicly, including 13 37:24, 38:14, 44:24, Metails related to internal projects, 45:6, 45:14, 45:24, identifiers, data fields, dashboards, 14 46:7, 46:13- 17, [and logs and their proprietary 15 46:25, 47:3, 47:21-22, unctionalities, and internal = 48:3, 48:6-8, 48:10- investigations of features, which 2 . □□□ 16 12, 48:20, 48:23-24, Google maintains as confidential in 49:3, 49:6-7, 49:18, |the ordinary course of its business = 17 49:22, 49:25, 50:2-4, and is not generally known to the 50:6-9. 51:21-22, [public or Google’s competitors.

Z 18 we Public di 52:6, 52:19, 52:21-22, ublic disclosure of such 19 58:17-19, 58:25, onfidential information could affect 59:16, 59:21. 60:13, CGoogle’s competitive standing as 20 65:24, 66:25, 79:18 Competitors may alter their system designs and practices relating to 21 ompeting products, time strategic litigation, or otherwise unfairly ompete with Google.

23 SO ORDERED.

24 || Dated: March 17, 2022 26 Stason yeu 27 SUSAN VAN KEULEN United States Magistrate Judge