Calhoun v. Google LLC

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA PATRICK CALHOUN, et al., Case No. 20-cv-05146-YGR (SVK) 8 Plaintiffs, ORDER ON ADMINISTRATIVE MOTIONS FOR LEAVE TO FILE 9 v. UNDER SEAL 10 GOOGLE LLC, Re: Dkt. Nos. 509, 546, 547, 555, 557, 559, 11 Defendant. 566, 593, 598, 611 Before the Court are several administrative motions to file under seal materials associated with discovery disputes in this case. Dkt. 484, 509, 516, 518, 534; see also Dkt. 507, .

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.

1 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: 7 1. Dkt. 509 Documents Court’s Ruling on Reason(s) for Court’s Ruling Sought to be Motion to Seal 10 Sealed Joint GRANTED as to The redacted portions contain Google’s 11 Submission redacted portions at: confidential information regarding its products and systems, including details related to Google’s 12 Pages 4-5, 10-15, 17, internal cookies, identifiers, practices, logs, 20-21, 25, 28-29 employee medical information, as well as internal metrics and investigation into financial impact of 14 certain features, which 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 16 information reveals Google’s internal strategy and systems regarding various products and nonpublic investigations thereto. Public disclosure of such 18 confidential information could affect Google’s competitive standing as competitors may alter their 19 system designs and practices relating to competing products, time strategic litigation, or otherwise 20 unfairly compete with Google. It may also place Google at an increased risk of cyber security threats, as third parties may seek to use the 22 information to compromise Google’s internal projects.

2. Dkt. 546 25 Documents Court’s Ruling on Motion Reason(s) for Court’s Ruling Sought to be to Seal Sealed 27 Exhibit A of the GRANTED as to redacted The information requested to be sealed Order portions at: contains Google’s contains non-public, Pages 2-3, 8, 10-11, 15, 18- information that could affect Google’s 19, 26-28 competitive standing and may expose Google 2 to increased security risks if publicly disclosed, including details related to Google’s 3 internal identifiers, practices, logs, personal and private medical information related to a 4 Google employee, as well as internal metrics and investigation into financial impact of certain features, which Google maintains as 6 confidential in the ordinary course of its business and is not generally known to the 7 public or Google’s competitors. Such confidential information reveals Google’s 8 internal strategy and systems regarding various products and nonpublic investigations thereto. Public disclosure of such confidential 10 information could affect Google’s competitive standing as competitors may alter their system 11 designs and practices relating to competing products, time strategic litigation, focus their 12 patent prosecution strategies, or otherwise unfairly compete with Google. It may also place Google at an increased risk of 14 cybersecurity threats, as third parties may seek to use the information to compromise 15 Google’s internal systems and operations 16 3. Dkt. 547 Documents Court’s Ruling on Motion Reason(s) for Court’s Ruling Sought to be to Seal 19 Sealed Exhibit A to the GRANTED as to redacted The information requested to be sealed 20 Order portions at: contains personal and private medical information related to a Google employee, 21 which Google maintains as confidential in the Pages 2-, 3 ordinary course of its business and is not generally known to the public.

4. Dkt. 555 (see also Dkt. 581) 25 Documents Sought Court’s Ruling on Reason(s) for Court’s Ruling to be Sealed Motion to Seal 26 Plaintiffs’ Motion to GRANTED as to The information requested to be sealed Compel Deposition redacted portions at: contains Google’s confidential and of Sundar Pichai proprietary information regarding sensitive operations, including details related to internal projects and their proprietary 2 functionalities, that Google maintains as confidential in the ordinary course of its 3 business and is not generally known to the public or Google’s competitors. Such 4 confidential and proprietary information reveals Google’s internal strategies, and business practices for operating and 6 maintaining many of its services. Public disclosure of such confidential and 7 proprietary information could affect Google’s competitive standing as 8 competitors may alter their systems and practices relating to competing products. It may also place Google at an increased risk 10 of cybersecurity threats, as third parties may seek to use the information to compromise 11 Google’s internal practices relating to competing products.

12 Ex. 1 (January 7, 2022 GRANTED as to The information requested to be sealed Deposition Transcript redacted portions at: contains Google’s confidential and of Deepak proprietary information regarding sensitive 14 Ravichandran) 6:19-21, 6:24-25, 7:18, features of Google’s internal systems and 7:20, 7:22, 8:14, 8:18, operations, including details related to 15 8:20, 9:7, 238:20, internal projects and their proprietary 238:25, 242:20, 243:17, functionalities, that Google maintains as 244:3, 244:3, 244:11, confidential in the ordinary course of its 17 244:16, 245:5-13, business and is not generally known to the 252:14 public or Google’s competitors. Such 18 confidential and proprietary information reveals Google’s internal strategies, and 19 business practices for operating and maintaining many of its services. Public disclosure of such confidential and 21 proprietary information could affect Google’s competitive standing as 22 competitors may alter their systems and practices relating to competing products. It 23 may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise 25 Google’s internal practices relating to competing products.

26 Ex. 2 (February 8, GRANTED as to The information requested to be sealed 2022 Deposition redacted portions at: contains Google’s confidential and 27 Transcript of Chetna proprietary information regarding sensitive 66:8-24, 68:3, 69:10, operations, including details related to 69:22, 206:17-21, internal projects and their proprietary 2 225:3-4, 232:4, 232:14, functionalities, that Google maintains as 232:21, 233:3, 233:15 confidential in the ordinary course of its 3 business and is not generally known to the public or Google’s competitors. Such 4 confidential and proprietary information reveals Google’s internal strategies, and business practices for operating and 6 maintaining many of its services. Public disclosure of such confidential and 7 proprietary information could affect Google’s competitive standing as 8 competitors may alter their systems and practices relating to competing products. It may also place Google at an increased risk 10 of cybersecurity threats, as third parties may seek to use the information to compromise 11 Google’s internal practices relating to competing products.

12 Ex. 3 (GOOG- GRANTED as to The information requested to be sealed CABR-04004680) redacted portions at: contains Google’s confidential and proprietary information regarding sensitive 14 Redacted in its entirety features of Google’s internal systems and operations, including details related to 15 internal projects and their proprietary functionalities and internal metrics, that Google maintains as confidential in the 17 ordinary course of its business and is not generally known to the public or Google’s 18 competitors. Such confidential and proprietary information reveals Google’s 19 internal strategies, and business practices for operating and maintaining many of its services. Public disclosure of such 21 confidential and proprietary information could affect Google’s competitive standing 22 as competitors may alter their systems and practices relating to competing products. It 23 may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise 25 Google’s internal practices relating to competing products.

26 Ex. 4 (GOOG- GRANTED as to The information requested to be sealed CABR-03751608) redacted portions at: contains Google’s confidential and 27 proprietary information regarding sensitive operations, including details related to internal projects and their proprietary 2 functionalities, that Google maintains as confidential in the ordinary course of its 3 business and is not generally known to the public or Google’s competitors. Such 4 confidential and proprietary information reveals Google’s internal strategies, and business practices for operating and 6 maintaining many of its services. Public disclosure of such confidential and 7 proprietary information could affect Google’s competitive standing as 8 competitors may alter their systems and practices relating to competing products. It may also place Google at an increased risk 10 of cybersecurity threats, as third parties may seek to use the information to compromise 11 Google’s internal practices relating to competing products.

12 Ex. 5 (GOOG- GRANTED as to The information requested to be sealed CABR-03766440) redacted portions at: contains Google’s confidential and proprietary information regarding sensitive 14 Redacted in its entirety features of Google’s internal systems and operations, including details related to 15 internal projects and their proprietary functionalities and internal metrics, that Google maintains as confidential in the 17 ordinary course of its business and is not generally known to the public or Google’s 18 competitors. Such confidential and proprietary information reveals Google’s 19 internal strategies, and business practices for operating and maintaining many of its services. Public disclosure of such 21 confidential and proprietary information could affect Google’s competitive standing 22 as competitors may alter their systems and practices relating to competing products. It 23 may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise 25 Google’s internal practices relating to competing products.

26 Ex. 6 (GOOG- GRANTED as to The information requested to be sealed CABR-05269598) redacted portions at: contains Google’s confidential and 27 proprietary information regarding sensitive Pages 3, 9-13, 15, 18- operations, including details related to 20, 22-25, 27, 30-31, 33, internal projects and their proprietary 2 35 functionalities and internal metrics and investigations of certain features, that 3 Google maintains as confidential in the ordinary course of its business and is not 4 generally known to the public or Google’s competitors. Such confidential and proprietary information reveals Google’s 6 internal strategies, and business practices for operating and maintaining many of its 7 services. Public disclosure of such confidential and proprietary information 8 could affect Google’s competitive standing as competitors may alter their systems and practices relating to competing products. It 10 may also place Google at an increased risk of cybersecurity threats, as third parties may 11 seek to use the information to compromise Google’s internal practices relating to 12 competing products.

Ex. 7 (GOOG- GRANTED as to The information requested to be sealed CABR-03767728) redacted portions at: contains Google’s confidential and 14 proprietary information regarding sensitive Redacted in its entirety features of Google’s internal systems and 15 operations, including details related to internal projects and their proprietary functionalities, that Google maintains as 17 confidential in the ordinary course of its business and is not generally known to the 18 public or Google’s competitors. Such confidential and proprietary information 19 reveals Google’s internal strategies, and business practices for operating and maintaining many of its services. Public 21 disclosure of such confidential and proprietary information could affect 22 Google’s competitive standing as competitors may alter their systems and 23 practices relating to competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties may 25 seek to use the information to compromise Google’s internal practices relating to 26 competing products.

Ex. 8 (GOOG- GRANTED as to The information requested to be sealed 27 CALH-01026247) redacted portions at: contains Google’s confidential and Redacted in its entirety features of Google’s internal systems and operations, including details related to 2 internal projects and their proprietary functionalities, that Google maintains as 3 confidential in the ordinary course of its business and is not generally known to the 4 public or Google’s competitors. Such confidential and proprietary information reveals Google’s internal strategies, and 6 business practices for operating and maintaining many of its services. Public 7 disclosure of such confidential and proprietary information could affect 8 Google’s competitive standing as competitors may alter their systems and practices relating to competing products. It 10 may also place Google at an increased risk of cybersecurity threats, as third parties may 11 seek to use the information to compromise Google’s internal practices relating to 12 competing products.

Ex. 9 (GOOG- GRANTED as to The information requested to be sealed CABR-03833103) redacted portions at: contains Google’s confidential and 14 proprietary information regarding sensitive Redacted in its entirety features of Google’s internal systems and 15 operations, including details related to internal projects and their proprietary functionalities, that Google maintains as 17 confidential in the ordinary course of its business and is not generally known to the 18 public or Google’s competitors. Such confidential and proprietary information 19 reveals Google’s internal strategies, and business practices for operating and maintaining many of its services. Public 21 disclosure of such confidential and proprietary information could affect 22 Google’s competitive standing as competitors may alter their systems and 23 practices relating to competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties may 25 seek to use the information to compromise Google’s internal practices relating to 26 competing products.

Ex. 10 (GOOG- GRANTED as to The information requested to be sealed 27 CABR-03988269) redacted portions at: contains Google’s confidential and Page 1 features of Google’s internal systems and operations, including details related to 2 internal projects and their proprietary functionalities, that Google maintains as 3 confidential in the ordinary course of its business and is not generally known to the 4 public or Google’s competitors. Such confidential and proprietary information reveals Google’s internal strategies, and 6 business practices for operating and maintaining many of its services. Public 7 disclosure of such confidential and proprietary information could affect 8 Google’s competitive standing as competitors may alter their systems and practices relating to competing products. It 10 may also place Google at an increased risk of cybersecurity threats, as third parties may 11 seek to use the information to compromise Google’s internal practices relating to 12 competing products.

Ex. 11 (GOOG- GRANTED as to The information requested to be sealed CABR-05383036) redacted portions at: contains Google’s confidential and 14 proprietary information regarding sensitive Redacted in its entirety features of Google’s internal systems and 15 operations, including details related to internal projects and their proprietary functionalities, that Google maintains as 17 confidential in the ordinary course of its business and is not generally known to the 18 public or Google’s competitors. Such confidential and proprietary information 19 reveals Google’s internal strategies, and business practices for operating and maintaining many of its services. Public 21 disclosure of such confidential and proprietary information could affect 22 Google’s competitive standing as competitors may alter their systems and 23 practices relating to competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties may 25 seek to use the information to compromise Google’s internal practices relating to 26 competing products.

Ex. 12 (GOOG- GRANTED as to The information requested to be sealed 27 CABR-03983616) redacted portions at: contains Google’s confidential and Redacted in its entirety features of Google’s internal systems and operations, including details related to 2 internal projects and their proprietary functionalities, that Google maintains as 3 confidential in the ordinary course of its business and is not generally known to the 4 public or Google’s competitors. Such confidential and proprietary information reveals Google’s internal strategies, and 6 business practices for operating and maintaining many of its services. Public 7 disclosure of such confidential and proprietary information could affect 8 Google’s competitive standing as competitors may alter their systems and practices relating to competing products. It 10 may also place Google at an increased risk of cybersecurity threats, as third parties may 11 seek to use the information to compromise Google’s internal practices relating to 12 competing products.

13 5. Dkt. 557 Documents Court’s Ruling on Motion Reason(s) for Court’s Ruling Sought to be to Seal 16 Sealed February 28, GRANTED as to redacted The information requested to be sealed 17 2022 Hearing portions at: contains Google’s contains non-public, Transcript sensitive confidential and proprietary 7:1, 7:11, 8:5-6, 8:12, business information that could affect 19 10:24, 11:14, 12:2-3, 12:5- Google’s competitive standing and may 7, 12:10, 12:23, 13:5, 18:5- expose Google to increased security risks if 20 6, 18:22-19:1, 19:3-4, publicly disclosed, including details related to 19:7-8, 20:16-17, 28:17, Google’s internal projects, identifiers, data 21 30:11, 31:20, 33:22-23, fields, dashboards, and logs and their 34:4-5, 34:18, 35:2, 37:17, proprietary functionalities, and internal 37:24, 38:14, 44:24, 45:6, investigations of features, which Google 23 45:14, 45:24, 46:7, 46:13- maintains as confidential in the ordinary 17, 46:25, 47:3, 47:21-22, course of its business and is not generally 24 48:3, 48:6-8, 48:10-12, known to the public or Google’s competitors.

48:20, 48:23-24, 49:3, Such confidential information reveals 25 49:6-7, 49:18, 49:22, Google’s internal strategy and systems 49:25, 50:2-4, 50:6-9, regarding various products and nonpublic 51:21-22, 52:6, 52:19, investigations thereto. Public disclosure of 27 52:21-22, 58:17-19, 58:25, such confidential information could affect 59:16, 59:21, 60:13, 65:24, Google’s competitive standing as competitors relating to competing products, time strategic litigation, focus their patent prosecution 2 strategies, or otherwise unfairly compete with Google. It may also place Google at an 3 increased risk of cybersecurity threats, as third parties may seek to use the information 4 to compromise Google’s internal systems and operations.

6. Dkt. 559 (see also Dkt. 583) Documents Court’s Ruling on Reason(s) for Court’s Ruling 8 Sought to be Motion to Seal Sealed Joint Submission GRANTED as to Narrowly tailored to protect confidential in Response to redacted portions at: technical information regarding sensitive Sealed Order at features of Google’s internal systems and Dkt. 523 re: Status Pages 3-4, 6, 9-11, 15, operations, including the various types of of Fact Discovery 17-18, 20-22 data sources which include information 12 Disputes related to Google’s data logs, internal data structures, internal identifiers and their 13 proprietary functions, that Google maintains as confidential in the ordinary course of its business and is not generally 15 known to the public or Google’s competitors.

17 Exhibit A - re: GRANTED as to Narrowly tailored to protect confidential Priority RFPs redacted portions at: technical information regarding sensitive 18 features of Google’s internal systems and Pages 10-12, 23, 26-27, operations, including the various types of 19 30-31, 35, 38 data sources which include information related to Google’s data logs, internal data structures, internal identifiers and their 21 proprietary functions, that Google maintains as confidential in the ordinary 22 course of its business and is not generally known to the public or Google’s 23 competitors.

Exhibit B – re: GRANTED as to Narrowly tailored to protect confidential Interrogatories redacted portions at: technical information regarding sensitive 25 features of Google’s internal systems and Pages 2-5, 7-10, 14-16, operations, including the various types of 26 22-24, 26 data sources which include information related to Google’s data logs, internal data 27 structures, internal identifiers and their maintains as confidential in the ordinary course of its business and is not generally 2 known to the public or Google’s competitors.

7. Dkt. 566 5 Documents Court’s Ruling on Reason(s) for Court’s Ruling Sought to be Motion to Seal 6 Sealed Opposition to GRANTED as to The information requested to be sealed contains Plaintiffs’ Motion redacted portions at: Google’s confidential and proprietary information to Compel regarding sensitive features of Google’s internal Deposition of 2:13-14, 2:19-20, systems and operations, including various types of Sundar Pichai 2:22, 2:23, 2:28, 3:2 Google’s internal projects and their proprietary functionalities, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors. Such confidential and 12 proprietary information reveals Google’s internal strategies, system designs, and business practices 13 for operating and maintaining many of its services. Public disclosure of such confidential and proprietary information could affect Google’s 15 competitive standing as competitors may alter their systems and practices relating to competing 16 products. It may also place Google at an increased risk of cybersecurity threats, as third parties may 17 seek to use the information to compromise Google’s internal practices relating to competing products.

8. Dkt. 593 21 Documents Court’s Ruling on Reason(s) for Court’s Ruling Sought to be Motion to Seal 22 Sealed First Order on GRANTED as to Narrowly tailored to protect confidential technical 23 March 11, 2022 redacted portions at: information regarding sensitive features of Joint Discovery Google’s internal systems and operations, Dispute Chart PDF pages 4-5, 7, 10- including details related to internal projects, data 25 (Dkt. 565) 12, 16, 19-23 signals, and logs and their proprietary functionalities, that Google maintains as 26 confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors.

I Second Order | GRANTED as to Narrowly tailored to protect confidential technical March 11, 2022 redacted portions at: | information regarding sensitive features of 2 Joint Discovery Google’s internal systems and _ operations, Dispute Chart PDF pages 5-6, 8, 13- | including details related to internal projects, data 3 (Dkt. 579) 15, 21, 25-27, 29-30, | signals, and logs their proprietary 32-33, 40, 45-47, 58, | functionalities, that Google maintains as 4 61-62, 65-66, 70, 73, | confidential in the ordinary course of its business 5 75-78, 80-83, 87-89, | and is not generally known to the public or 95-97, 99 Google’s competitors.

6 9. Dkt. 598 8 Documents Sought to be Court’s Ruling on Motion to Reason(s) for Court’s Sealed Seal Ruling 9 Joint Submission re Clawback | GRANTED as to redacted | The information requested to be Dispute (Dispute 1.34) portions at: sealed contains quotes from and 10 summaries of attorney-client ul 4:10-16, 4:21 communications and was submitted to facilitate the Court’s in camera review of 12 .

Google’s privilege claims.

10. Dkt. 611 15 Documents Court’s Ruling on Reason(s) for Court’s Ruling Sought to be Motion to Seal 16 Sealed Special Master’s | GRANTED as to redacted | Narrowly tailored to protect confidential Report and | portions of Exhibit A to | technical information regarding sensitive 18 Recommendations | Special Master Report re | features of Google’s internal systems and on Referred | Preservation Plan at: operations, including various types of 19 Discovery Issues Google’s internal projects, data signals, (Preservation Pages 2-3 and logs and their proprietary 20 Plan) (Dkt. 604) functionalities, that Google maintains as confidential in the ordinary course of its 21 . . business and is not generally known to the 2 public or Google’s competitors.

24 SO ORDERED.

25 |! Dated: April 14, 2022 26 Suan aa Kul 27 SUSAN VAN KEULEN United States Magistrate Judge