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 ON ADMINISTRATIVE MOTIONS FOR LEAVE TO FILE 9 v. UNDER SEAL 10 GOOGLE LLC, Re: Dkt. Nos. 543, 545, 558, 560, 573, 586, 11 Defendant.

12 Before the Court are several administrative motions to file under seal materials associated with discovery disputes in this case. Dkt. 543, 545, 558, 560, 573, 586, 592; see also Dkt. 555, 570, 584.

15 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 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. 543 Document Court’s Ruling on Reason(s) for Court’s Ruling Sought to be Motion to Seal 10 Sealed Google LLC’s GRANTED as to the The information requested to be sealed contains 11 Objections to portions at: Google’s confidential and proprietary information Special Master’s regarding sensitive features of Google’s internal 12 Report and Pages: 3:2-4, 3:7-12, systems and operations, including various types of Recommendation 3:14-15, 4:1-9, 4:13- Google’s internal projects, data signals, and logs on Referred 14, 4:18-19, 5:4-5, and their proprietary functionalities, that Google 14 Discovery Issues 5:11-13, 5:16-17, maintains as confidential in the ordinary course of (Preservation 6:2-3, 6:8-9, 6:13- its business and is not generally known to the public 15 Plan) 14, 7:2-3, 7:6-7, or Google’s competitors. Such confidential and 7:11-12, 7:16-17, proprietary information reveals Google’s internal 16 8:1-2, 8:6-7, 8:11- strategies, system designs, and business practices 12, 9:1, 9:5-6, 9:9- for operating and maintaining many of its services.

10, 9:14-16, 10:1, Public disclosure of such confidential and 18 10:8-10, 10:13-14, proprietary information could affect Google’s 10:17-19; 11:3-14, competitive standing as competitors may alter their 19 11:16, 11:18-19, systems and practices relating to competing 12:1-4, 12:7, 12:11- products. It may also place Google at an increased 20 14, 13:1-2, 13:7-8, risk of cybersecurity threats, as third parties may 13:14-16, 14:1, seek to use the information to compromise 14:5-15 Google’s internal practices relating to competing 22 products.

2. Dkt. 545 (see also Dkt. 555) 25 Document Court’s Ruling on Reason(s) for Court’s Ruling Sought to be Motion to Seal 26 Sealed Plaintiffs’ GRANTED as to the The information requested to be sealed contains Objections to the portions at: Google’s confidential and proprietary information Report and Pages 1-3, 5-6 systems and operations, including various types of 1 Orders on Google’s internal projects, identifiers, data signals, 2 Referred and logs, and their proprietary functionalities, as Discovery well as internal metrics, that Google maintains as 3 Disputes confidential in the ordinary course of its business and is not generally known to the public or 4 Google’s competitors. Such confidential and proprietary information reveals Google’s internal strategies, system designs, and business practices 6 for operating and maintaining many of its services.

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

12 Exhibit 1 to GRANTED as to the The information requested to be sealed contains Declaration of portions at: Google’s confidential and proprietary information Mark C. Mao in regarding sensitive features of Google’s internal 14 Support of Pages 123:6-7, 173:4, systems and operations, including various types of Plaintiffs’ 174:15, 174:24 Google’s internal projects, identifiers, and their 15 Objections to the proprietary functionalities, that Google maintains Special Master’s as confidential in the ordinary course of its business Recommended and is not generally known to the public or 17 Preservation Plan Google’s competitors. Such confidential and proprietary information reveals Google’s internal 18 strategies, system designs, and business practices for operating and maintaining many of its services.

19 Public disclosure of such confidential and proprietary information could affect Google’s competitive standing as competitors may alter their 21 systems and practices relating to competing products. It may also place Google at an increased 22 risk of cybersecurity threats, as third parties may seek to use the information to compromise 23 Google’s internal practices relating to competing products.

Declaration of GRANTED as to the The information requested to be sealed contains 25 Christopher portions at: Google’s confidential and proprietary information Thompson in regarding sensitive features of Google’s internal 26 Support of PDF Pages 3:21-22, systems and operations, including various types of Plaintiffs’ 4:1, 4:3-4, 4:14, 4:26 Google’s internal projects, data signals, and logs, 27 Objections to the and their proprietary functionalities, as well as Recommended confidential in the ordinary course of its business Preservation Plan and is not generally known to the public or 2 Google’s competitors. Such confidential and proprietary information reveals Google’s internal 3 strategies, system designs, and business practices for operating and maintaining many of its services.

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

Exhibit A to GRANTED as to the The information requested to be sealed contains 10 Thompson portions at: Google’s confidential and proprietary information Declaration regarding sensitive features of Google’s internal 11 Sealed in entirety systems and operations, including various types of Google’s internal projects, identifiers, data signals, 12 and logs, and their proprietary functionalities, as well as internal metrics, that Google maintains as confidential in the ordinary course of its business 14 and is not generally known to the public or Google’s competitors. Such confidential and 15 proprietary information reveals Google’s internal strategies, system designs, and business practices for operating and maintaining many of its services.

17 Public disclosure of such confidential and proprietary information could affect Google’s 18 competitive standing as competitors may alter their systems and practices relating to competing 19 products. It may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise 21 Google’s internal practices relating to competing products.

22 Exhibit B to GRANTED as to the The information requested to be sealed contains Thompson portions at: Google’s confidential and proprietary information 23 Declaration regarding sensitive features of Google’s internal Sealed in entirety systems and operations, including various types of Google’s internal projects, identifiers, data signals, 25 and logs, and their proprietary functionalities, as well as internal metrics, that Google maintains as 26 confidential in the ordinary course of its business and is not generally known to the public or 27 Google’s competitors. Such confidential and strategies, system designs, and business practices for operating and maintaining many of its services.

2 Public disclosure of such confidential and proprietary information could affect Google’s 3 competitive standing as competitors may alter their systems and practices relating to competing 4 products. It may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise 6 Google’s internal practices relating to competing products.

3. Dkt. 558 9 Document Court’s Ruling on Reason(s) for Court’s Ruling Sought to be Motion to Seal 10 Sealed Google’s GRANTED as to the The information requested to be sealed contains Responses to portions at: Google’s confidential and proprietary information 12 Plaintiff’s regarding sensitive features of Google’s internal Objections to Pages: 2:7-8, 2:26- systems and operations, including various types of 13 Special Master’s 27, 3:4-7, 3:22-24, Google’s internal projects, data signals, and logs Report and 4:5, 5:14, 5:25-27, and their proprietary functionalities, that Google Recommendation 6:10-11, 6:14, 6:17, maintains as confidential in the ordinary course of 15 on Referred 6:19-21, 7:2-5 its business and is not generally known to the public Discovery Issues or Google’s competitors. Such confidential and 16 (Preservation proprietary information reveals Google’s internal Plan) strategies, system designs, and business practices 17 for operating and maintaining many of its services.

Public disclosure of such confidential and proprietary information could affect Google’s 19 competitive standing as competitors may alter their systems and practices relating to competing 20 products. It may also place Google at an increased risk of cybersecurity threats, as third parties may 21 seek to use the information to compromise Google’s internal practices relating to competing products.

23 Trebicka Exhibit GRANTED as to the The information requested to be sealed contains 1 portions at: Google’s confidential and proprietary information 24 regarding sensitive features of Google’s internal Redacted in its systems and operations, including various types of 25 Entirety Google’s internal projects, data signals, and logs and their proprietary functionalities, that Google maintains as confidential in the ordinary course of 27 its business and is not generally known to the public or Google’s competitors. Such confidential and strategies, system designs, and business practices for operating and maintaining many of its services.

2 Public disclosure of such confidential and proprietary information could affect Google’s 3 competitive standing as competitors may alter their systems and practices relating to competing 4 products. It may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise 6 Google’s internal practices relating to competing products.

7 Declaration of GRANTED as to the The information requested to be sealed contains Richard Harting portions at: Google’s confidential and proprietary information 8 regarding sensitive features of Google’s internal Pages: 1:22-23, 2:3- systems and operations, including various types of 6, 2:8-10, 2:13-26, Google’s internal projects, data signals, and logs 10 2:28, 3:1-7, 3:10-12, and their proprietary functionalities, that Google 3:14-15 maintains as confidential in the ordinary course of 11 its business and is not generally known to the public or Google’s competitors. Such confidential 12 and proprietary information reveals Google’s internal strategies, system designs, and business practices for operating and maintaining many of its 14 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 products. It may also place Google at an increased 17 risk of cybersecurity threats, as third parties may seek to use the information to compromise 18 Google’s internal practices relating to competing products.

4. Dkt. 560 (see also Dkt. 570) 21 Document Court’s Ruling on Reason(s) for Court’s Ruling Sought to be Motion to Seal Sealed 23 Plaintiffs’ GRANTED as to the The information requested to be sealed contains Response to portions at: Google’s confidential and proprietary information 24 Google’s regarding sensitive features of Google’s internal Objections to Pages 2-5 systems and operations, including various types of 25 Special Master Google’s internal projects, identifiers, and logs Brush Report and their proprietary functionalities, that Google maintains as confidential in the ordinary course of 27 its business and is not generally known to the public or Google’s competitors. Such confidential internal strategies, system designs, and business practices for operating and maintaining many of its 2 services. Public disclosure of such confidential and proprietary information could affect Google’s 3 competitive standing as competitors may alter their systems and practices relating to competing 4 products. It may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise 6 Google’s internal practices relating to competing products.

7 Thompson GRANTED as to the The information requested to be sealed contains Declaration portions at: Google’s confidential and proprietary information 8 regarding sensitive features of Google’s internal Pages 1:19, 1:21, systems and operations, including various types of 1:24-26, 2:1-2, 2:6, Google’s internal projects, identifiers, data signals, 10 2:12, 2:15-17, 2:25, and logs and their proprietary functionalities, that 2:27, 3:18, 3:21, 3:28, Google maintains as confidential in the ordinary 11 4:2, 4:5-6, 4:12-13, course of its business and is not generally known 4:16 to the public or Google’s competitors. Such 12 confidential and proprietary information reveals Google’s internal strategies, system designs, and business practices for operating and maintaining 14 many of its services. Public disclosure of such confidential and proprietary information could 15 affect Google’s competitive standing as competitors may alter their systems and practices relating to competing products. It may also place 17 Google at an increased risk of cybersecurity threats, as third parties may seek to use the 18 information to compromise Google’s internal practices relating to competing products.

5. Dkt. 573 (see also Dkt. 584) 21 Document Court’s Ruling on Reason(s) for Court’s Ruling Sought to be Motion to Seal Sealed 23 Plaintiffs’ GRANTED as to the The information requested to be sealed contains Response to portions at: Google’s confidential and proprietary information 24 Google’s regarding sensitive features of Google’s internal Submission Re: Pages 2:6-7 systems and operations, including logs and their 25 Privilege Re- proprietary functionalities, that Google maintains Review (Dkt. as confidential in the ordinary course of its 566) business and is not generally known to the public 27 or Google’s competitors. Such confidential and proprietary information reveals Google’s internal for operating and maintaining many of its services.

Public disclosure of such confidential and 2 proprietary information could affect Google’s competitive standing as competitors may alter 3 their systems and practices relating to competing products. It may also place Google at an increased 4 risk of cybersecurity threats, as third parties may seek to use the information to compromise Google’s internal practices relating to competing 6 products.

7 6. Dkt. 586 Document Court’s Ruling on Reason(s) for Court’s Ruling 9 Sought to be Motion to Seal Sealed March 17, 2022 GRANTED as to The information requested to be sealed contains Hearing redacted portions at: Google’s confidential and proprietary information, Transcript including details related to Google’s internal 12 Pages 13:7, 13:24- systems, projects, identifiers, and their proprietary 14:1, 14:5, 14:10, functions, that Google maintains as confidential in 13 14:14, 14:22, 14:24, the ordinary course of its business and is not 15:3 generally known to the public or Google’s competitors. Such confidential and proprietary 15 information reveals Google’s internal strategies, system designs, and business practices for 16 operating and maintaining many of its services, and falls within the protected scope of the 17 Protective Order entered in this action. See Dkt. 81 at 2-3. Public disclosure of such confidential and proprietary information could affect Google’s 19 competitive standing as competitors may alter their systems and practices relating to competing 20 products. It may also place Google at an increased risk of cybersecurity threats, as third parties may 21 seek to use the information to compromise Google’s internal practices relating to competing products.

23 March 17, 2022 GRANTED as to The information requested to be sealed contains Hearing redacted portions at: sensitive medical information.

24 Transcript 4:15-17 7. Dkt. 592 2 Reason(s) for Court’s Ruling 3 Sought to be Motion to Seal Sealed 4 Order Adopting in | GRANTED as__to | Narrowly tailored to protect confidential technical Part and | Portions of Order at: | information regarding sensitive features of 5 Modifying In Part Google’s internal systems and operations, the Special | Pages 7:20-21, 7:23- | including various types of Google’s internal 6 Master’s Report | 25, 8:14 projects, data signals, and logs and their 7 and proprietary functionalities, that Google maintains Recommendation | GRANTED §as_ to | as confidential in the ordinary course of its 8 on Referred | Portions of Exhibit | business and is not generally known to the public Discovery Issues | A to Order at: or Google’s competitors. Such confidential and 9 re Preservation proprietary information reveals Google’s internal 10 Plan (Dkt. 587) Pages 2-3 strategies, system designs, and business practices for operating and maintaining many of its services.

11 Public disclosure of such confidential and proprietary information could affect Google’s 12 competitive standing as competitors may alter their systems and practices relating to competing 13 products. It may also place Google at an increased 14 risk of cybersecurity threats, as third parties may seek to use the information to compromise B15 Google’s internal practices relating to competing products.

Q 16 SO ORDERED.

Z 18 Dated: June 21, 2022 20 St Sse Ip Kul 21 SUSAN VAN KEULEN United States Magistrate Judge