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 GRANTING 9 v. ADMINISTRATIVE MOTIONS FOR LEAVE TO FILE UNDER SEAL 10 GOOGLE LLC, Re: Dkt. Nos. 641, 645, 649 11 Defendant.

12 Before the Court are administrative motions to file under seal materials associated with discovery disputes in this case. Dkt. 641, 645, 649; see also Dkt. 673.

14 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. 641 8 Document Sought to be Court’s Ruling on Reason(s) for Court’s Ruling Sealed Motion to Seal Google LLC’s GRANTED as to the The information requested to be 10 Administrative Motion portions at: sealed contains Google’s Updating the Court on its confidential and proprietary 11 Preservation Implementation Pages 1:16-24, 2:2-7, information regarding sensitive Efforts and Seeking Relief 2:10-19 features of Google’s internal from the July 30 Deadline systems and operations, including 13 Imposed by the July 15, various types of Google’s internal 2022 Preservation Order projects, data signals, and logs, and 14 (Dkt. 630) their proprietary functionalities, that Google maintains as 15 confidential in the ordinary course of its business and is not generally known to the public or Google’s 17 competitors. Such confidential and proprietary information reveals 18 Google’s internal strategies, system designs, and business practices for 19 operating and maintaining many of its services. Public disclosure of such confidential and proprietary 21 information could affect Google’s competitive standing as 22 competitors may alter their systems and practices relating to competing 23 products. It may also place Google at an increased risk of cybersecurity threats, as third 25 parties may seek to use the information to compromise 26 Google’s internal practices relating to competing products.

27 Declaration of Benjamin GRANTED as to the The information requested to be Administrative Motion confidential and proprietary Pages 1:22, 1:26-27, 2:1- information regarding sensitive 2 6, 2:8, 2:10-24, 3:6-12, features of Google’s internal 3:15, 3:17 systems and operations, including 3 various types of Google’s internal projects, data signals, and logs, and 4 their proprietary functionalities, that Google maintains as confidential in the ordinary course 6 of its business and is not generally known to the public or Google’s 7 competitors. Such confidential and proprietary information reveals 8 Google’s internal strategies, system designs, and business practices for operating and maintaining many of 10 its services. Public disclosure of such confidential and proprietary 11 information could affect Google’s competitive standing as 12 competitors may alter their systems and practices relating to competing products. It may also place Google 14 at an increased risk of cybersecurity threats, as third 15 parties may seek to use the information to compromise 16 Google’s internal practices relating to competing products.

19 2. Dkt. 645 20 Document Sought to be Court’s Ruling on Reason(s) for Court’s Ruling Sealed Motion to Seal 21 Google LLC’s Supplement GRANTED as to the The information requested to be to Administrative Motion portions at: sealed contains Google’s Updating the Court on its confidential and proprietary 23 Preservation Implementation Pages 2:2-17 information regarding sensitive Efforts and Seeking Relief features of Google’s internal 24 from the July 30 Deadline systems and operations, including Imposed by the July 15, various types of Google’s internal 25 2022 Preservation Order data signals and logs, and their (Dkt. 630) proprietary functionalities, that Google maintains as confidential in 27 the ordinary course of its business and is not generally known to the Such confidential and proprietary information reveals Google’s 2 internal strategies, system designs, and business practices for 3 operating and maintaining many of its services. Public disclosure of 4 such confidential and proprietary information could affect Google’s competitive standing as 6 competitors may alter their systems and practices relating to competing 7 products. It may also place Google at an increased risk of 8 cybersecurity threats, as third parties may seek to use the information to compromise 10 Google’s internal practices relating to competing products.

3. Dkt. 649; see also Dkt. 673 14 Document Sought to be Court’s Ruling on Reason(s) for Court’s Ruling Sealed Motion to Seal Plaintiffs’ Response to GRANTED as to the The information requested to be Google’s Administrative portions at: sealed contains Google’s confidential Motion Dkts. 642, 646 and proprietary information 17 Page 1:21, 1:23-27, 2:27, regarding sensitive features of 3:27 Google’s internal systems and 18 operations, including various types of Google’s data signals and logs, and their proprietary functionalities, that 20 Google maintains as confidential in the ordinary course of its business 21 and is not generally known to the public or Google’s competitors. Such 22 confidential and proprietary information reveals Google’s internal strategies, system designs, and 24 business practices for operating and maintaining many of its services.

25 Public disclosure of such confidential and proprietary information could 26 affect Google’s competitive standing as competitors may alter their systems and practices relating to 1 place Google at an increased risk of cybersecurity threats, as third parties 2 may seek to use the information to compromise Google’s internal 3 practices relating to competing products.

4 Declaration of Mark Mao In GRANTED as to the The information requested to be Support of Plaintiffs’ portions at: sealed contains Google’s confidential Response to Google’s and proprietary information ||| Administrative Motion (Dkt. | Pages 2:16, 2:20 regarding sensitive features of 642) Google’s internal systems and 7 operations, including various types of Google’s data signals and logs, and 8 their proprietary functionalities, that 9 Google maintains as confidential in the ordinary course of its business 10 and is not generally known to the public or Google’s competitors. Such 11 confidential and proprietary information reveals Google’s internal 12 strategies, system designs, and s 13 business practices for operating and maintaining many of its services.

14 Public disclosure of such confidential and proprietary information could 15 affect Google’s competitive standing 2 as competitors may alter their a 16 systems and practices relating to 17 competing products. It may also . . place Google at an increased risk of 18 cybersecurity threats, as third parties may seek to use the information to 19 compromise Google’s internal practices relating to competing 20 products.

21 SO ORDERED.

22 Dated: August 9, 2022 24 Sesto 25 SUSAN VAN KEULEN United States Magistrate Judge