1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SARAH BUMPUS, et al., Case No. 3:19-cv-03309-JD

8 Plaintiffs, ORDER RE MOTIONS TO SEAL v. 9

10 REALOGY BROKERAGE GROUP LLC (F/K/A NRT LLC), et al., 11 Defendants.

12 13 The Court has addressed the standards for sealing requests in conjunction with case filings, 14 see In re Google Play Store Antitrust Litigation,

(N.D. Cal. 2021), and that 15 decision is incorporated here. In pertinent summary, “judicial records are public documents 16 almost by definition, and the public is entitled to access by default.”

at 1107 (quoting 17 Kamakana v. City and County of Honolulu,

(9th Cir. 2006); see also Center 18 for Auto Safety v. Chrysler Group, LLC,

(9th Cir. 2016) (when considering a 19 request to seal, “we start with a strong presumption in favor of access to court records.”) 20 (quotation omitted)). The party seeking to seal a document bears the burden of articulating 21 “compelling reasons supported by specific factual findings that outweigh the general history of 22 access and the public policies favoring disclosure.”

(quotation and citation omitted). General 23 assertions of potential competitive or commercial harm are not enough to establish good cause for 24 sealing court records, and the “fact that the parties may have designated a document as 25 confidential under a stipulated protective order is also not enough to justify sealing.”

(citation 26 omitted). 27 Plaintiffs filed a sealing motion in connection with their summary judgment motion. Dkt. 1 Mojo, and third parties WAVV Communications and PhoneBurner. Realogy filed two sealing 2 motions in connection with its summary judgment motion and Daubert motions. Dkt. Nos. 207, 3 208. Realogy’s first motion was unopposed and proposes sealing documents that were produced 4 by Realogy itself. See Dkt. No. 207. Realogy’s second motion proposes sealing documents 5 produced by plaintiffs, Mojo, WAVV, and PhoneBurner. As required by Civil Local Rule 79-5, 6 plaintiffs and Realogy filed the initial notice of sealing for documents obtained during discovery 7 that had been designated as confidential under the protective order entered in this case. See Dkt. 8 No. 200-1; Dkt. No. 208-1. Civil Local Rule 79-5 required the parties that produced the 9 documents to state why they should be sealed, and propose ways of tailoring sealing to the 10 narrowest possible scope. 11 Plaintiffs and Realogy filed declarations to state why the documents they produced should 12 be sealed. Dkt. Nos. 214, 215. Mojo filed a declaration to state why the documents in plaintiffs’ 13 motion to seal, Dkt. No. 200, should be sealed, but failed to file a declaration to state why the 14 documents in Realogy’s motion to seal, Dkt. No. 208, should be sealed. See Dkt. No. 213. 15 WAVV Communications and PhoneBurner did not file declarations stating why the documents 16 they produced should be sealed. Consequently, the only reason proffered for sealing WAVV and 17 PhoneBurner’s documents, and some of Mojo’s documents, is that they were labeled as 18 confidential during document production. This does not carry the burden of establishing grounds 19 for sealing. In re Google Play Store Antitrust Litigation, 556 F. Supp. 3d at 1107. For the 20 documents in plaintiffs’ motion to seal, Mojo said only that the documents it produced contained 21 commercially sensitive information. See, e.g., Dkt. No. 213 ¶ 4. This wholly conclusory 22 characterization also is not enough to warrant sealing. 23 For its part, Realogy says that its documents are commercially sensitive and disclosure of 24 the documents would provide competitors with an unfair advantage. Dkt. No. 214. The Court 25 finds that Realogy has met its burden for a small subset of the sealing requests, and the Court’s 26 rulings are stated in the attached chart. See Ex. A. The Court grants sealing for documents 27 containing the names and addresses of Realogy’s contractors, who are not parties to this suit and 1 for Realogy’s independent contractor agreements, which include information about compensation 2 || structure and other details of Realogy’s relationship with its independent contractors. The Court 3 declines to seal Realogy’s training materials and Do Not Call Policies, because Realogy fails to 4 || demonstrate a plausible risk to its business from disclosure of those documents. 5 As for plaintiffs, they adequately showed that their documents contained sensitive personal 6 || information and call records. Dkt. No. 215-1 □□ 7-8. Plaintiffs also demonstrated that one of their 7 || documents contained confidential business information of Class Experts Group, the company 8 || owned by plaintiffs’ expert witness, that included information about the company’s relationship 9 || with LexisNexis. 10 The “default posture of public access prevails” for the documents that the Court declines to 11 seal. In re Google Play Store Antitrust Litigation, 556 F. Supp. 3d at 1107 (quoting Kamakana, 12 ||

). Plaintiffs and Realogy are directed to file unredacted versions of the 13 documents on ECF within 7 days of this order. Civil L.R. 79-5(f). IT IS SO ORDERED. 3 15 Dated: August 22, 2022 16

MY JAMES JPONATO Z 18 United ftates District Judge 19 20 21 22 23 24 25 26 27 28

1 EXHIBIT A TO ORDER RE MOTIONS TO SEAL 2 Document Information sought Proffered Reason for Ruling to be sealed Sealing 3 MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST REAOLOGY 4 DEFENDANTS 5 Plaintiffs’ Page 3/Lines 10-11, Describes and quotes Denied. Motion for 20-21, 25, 26 other documents 6 Partial Page 4/Lines 3, 6-7, identified for sealing. 7 Summary 13, 14, 17, 18-19, 21- Judgment 22 8 Against the Page 5/Lines 12-13, Realogy 21-23, 24-26 9 Defendants, Page 6/Lines 4, 5-6, 6- Dkt. No. 198 7, 16-17, 18-20, 21-23, 10 24, 25-27 11 Page 7/ Lines 2, 3, 4, 6, 12 10-11, 11-12, 12-13, 13-14, 22, 23-24 13 Page 8/ Lines 3, 4-5, 5- 14 6, 6-7, 7-8, 8-9, 9-10, 15 11, 12-13, 19-21, 23 Page 9/Lines 5, 6, 11, 16 22, 27-28 Page 10/Lines 7-8 17 Page 11/Line 4 Page 15/Lines 18, 19- 18 20, 24 19 Page 16/Lines 2, 3, 4, 6 20 Page 17/Lines 12, 13, 18, 19-20, 22-24 21 Page 19/Lines 21, 22, 26 22 Page 20/Lines 7-9, 9- 12, 12-14 23 Page 21/Lines 18-20, 24 20-22, 27-28 Page 22/Lines 4-5 25 26 27 1 Document Information sought Proffered Reason for Ruling to be sealed Sealing 2 Excerpts of Entire document Despite Realogy Denied. 3 June 10, 2021 designating the deposition of document as 4 Wendy Crane, confidential, Realogy 5 Dkt. No. does not believe any 198-3 portion should be 6 sealed. (See Dkt. No. 214 at 3) 7 Excerpts of Entire document Contains Granted. The document 8 RBG005013A commercially sensitive contains the names and 9 Dkt. No. information, including addresses of several 198-4 details regarding the Realogy agents who are not 10 affiliation of parties to this suit, and independent contractor whose personal information 11 salespersons, including and privacy should not be names, addresses, disclosed. 12 dates of affiliation, and 13 type of affiliation. Would be valuable to 14 competitors for recruiting activities. 15 (See Dkt. No. 214 at 5) 16 Excerpts of Plaintiffs designated Discusses Denied. April 6, 2021 the entire document commercially sensitive 17 Deposition of for sealing, but information about 18 Cathleen Realogy says that only Realogy’s business, Livingstone, the following portions particularly their 19 Dkt. No. should be redacted: affiliation processes, 198-7 205:7-18, 208:22- relationships with 20 209:1, 214:15-215:1, sales associates, and 223:1-8 Do Not Call policy. 21 (See Dkt. No. 214 at 8- 22 10) 23 Words that Plaintiffs designated Contains Denied. Work, Dkt. the entire document, commercially sensitive 24 No. 198-8 but Realogy says that information regarding only the attachment, Realogy’s educational 25 not the accompanying and training materials, 26 email should be sealed which would allow competitors an unfair 27 advantage by not having to prepare their 1 Document Information sought Proffered Reason for Ruling to be sealed Sealing 2 own materials. (See 3 Dkt. No. 214 at 10) 4 5 Form Entire document Contains Granted. The document 6 Contracts, commercially sensitive contains sensitive 7 Dkt. No. information, including information about 198-9 information regarding Realogy’s contracts with 8 the affiliation of their sales associates, independent contractor including compensation 9 salespersons, and form and terms of the agreements used in independent contractor 10 connection with the relationship. 11 onboarding process, compensation, 12 commissions, and legal assistance. 13 Disclosure would allow competitors an 14 unfair advantage with 15 respect to their relationships with 16 independent contractors. (See Dkt. 17 No. 214 at 11) 18 DNC policy Entire document Contains Denied. updated commercially sensitive 19 March 2015, information about the 20 Dkt. No. Do Not Call policy 198-12 that would provide 21 competitors an unfair advantage by not 22 having to prepare their 23 own policy. (See Dkt. No. 214 at 12) 24 Do Not Entire document Contains Denied. 25 Contact policy commercially sensitive updated 2018, information about the 26 Dkt. No. Do Not Call policy 198-13 that would provide 27 competitors an unfair 1 Document Information sought Proffered Reason for Ruling to be sealed Sealing 2 having to prepare their 3 own policy. (See Dkt. No. 214 at 12) 4 Do Not Entire document Contains Denied. 5 Contact commercially sensitive 6 Policy information about the updated April Do Not Call policy 7 2019, Dkt. that would provide No. 198-14 competitors an unfair 8 advantage by not having to prepare their 9 own policy. (See Dkt. 10 No. 214 at 13) 11 Excerpts of Plaintiffs designated Contains specific Denied. April 12, 2021 the entire document, questions about the Do 12 deposition of but Realogy says only Not Call policies that Lynn 45:6-25 and 49:14-23 Realogy seeks to have 13 Murtagh, Dkt. should be sealed. sealed, and affiliation No. 198-15 related materials. 14 Disclosure would give 15 competitors an unfair advantage by not 16 having to prepare their own policies and 17 processes. (See Dkt. 18 No. 214 at 14-15) 19 DC Policy Entire document Contains Granted. The document Manual, Dkt. commercially sensitive contains sensitive 20 No. 198-16 information about the information about affiliation process for Realogy’s contracts with 21 independent contractor their sales associates, sales associates, including compensation 22 compensation, and terms of the 23 commissions, and independent contractor legal assistance. relationship. 24 Disclosure would allow competitors an 25 unfair advantage with respect to their 26 relationships with 27 independent 1 Document Information sought Proffered Reason for Ruling to be sealed Sealing 2 contractors. (See Dkt. 3 No. 214 at 15-16) 4 Get NEW Entire document Contains Denied. Business commercially sensitive 5 NOW, Dkt. information about 6 No. 198-17 educational and training information. 7 Disclosure would give competitors an unfair 8 advantage by not having to prepare their 9 own training materials. 10 (See Dkt. No. 214 at 16) 11 Excerpts of Entire document Despite Realogy Denied. 12 April 19, 2021 designating the Deposition of document as 13 Charles confidential, Realogy Cusson, Dkt. does not believe any 14 No. 198-18 portion should be 15 sealed. Dkt. No. 214 at 17. 16 Coldwell Entire document Contains Denied. 17 Banker commercially sensitive Listing information about 18 Presentation educational and 19 Guide, Dkt. training information. No. 198-19 Disclosure would give 20 competitors an unfair advantage by not 21 having to prepare their own training materials. 22 (See Dkt. No. 214 at 23 17) 24 Get Ready, Entire document Contains Denied. Dkt. No. commercially sensitive 25 198-20 information about educational and 26 training information. Disclosure would give 27 competitors an unfair 1 Document Information sought Proffered Reason for Ruling to be sealed Sealing 2 having to prepare their 3 own training materials. (See Dkt. No. 214 at 4 17-18) 5 CB_New Entire document Contains Denied. 6 Agent commercially sensitive Orientation_2 information about 7 020, Dkt. No. educational and 198-21 training information. 8 Disclosure would give competitors an unfair 9 advantage by not 10 having to prepare their own training materials. 11 (See Dkt. No. 214 at 18) 12 Dialogue Entire document Contains Denied. 13 Daze, Dkt. commercially sensitive No. 198-22 information about 14 educational and 15 training information. Disclosure would give 16 competitors an unfair advantage by not 17 having to prepare their 18 own training materials. (See Dkt. No. 214 at 19 18-19) 20 Building Your Entire document Contains Denied. Business, Dkt. commercially sensitive 21 No. 198-23 information about educational and 22 training information. 23 Disclosure would give competitors an unfair 24 advantage by not having to prepare their 25 own training materials. (See Dkt. No. 214 at 26 19) 27 Getting Ready Entire document Contains Denied. 1 Document Information sought Proffered Reason for Ruling to be sealed Sealing 2 Build your information about 3 Business! educational and Prospecting training information. 4 Worksheet, Disclosure would give 5 Dkt. No. competitors an unfair 198-24 advantage by not 6 having to prepare their own training materials. 7 (See Dkt. No. 214 at 19-20) 8 Lead Entire document Contains Denied. 9 Generation commercially sensitive 10 2015, Dkt. information about No. 198-25 educational and 11 training information. Disclosure would give 12 competitors an unfair advantage by not 13 having to prepare their 14 own training materials. (See Dkt. No. 214 at 15 20) 16 Mojo Sales Entire document Contains sensitive Denied. Team information about 17 Training Mojo’s operations, 18 Manual, Dkt. procedures, policies, No. 198-26 products, and business 19 decisions, including profits, employee 20 training, and customer interaction strategies. 21 Disclosure would 22 provide competitors an unfair advantage by 23 copying Mojo’s practices. (See Dkt. 24 No. 213 ¶ 4) 25 Excerpts of Entire document Contains sensitive Denied. March 17, information about 26 2021 Mojo’s operations, 27 Deposition of procedures, policies, Davis products, and business 1 Document Information sought Proffered Reason for Ruling to be sealed Sealing 2 Mangold, Dkt. decisions, including 3 No. 198-27 profits, employee training, and customer 4 interaction strategies. 5 Disclosure would provide competitors an 6 unfair advantage by copying Mojo’s 7 practices. (See Dkt. No. 213 ¶ 4) 8 Mojo Data Entire document Contains sensitive Denied. 9 Layout 2019, information about 10 Dkt. No. Mojo’s operations, 198-28 procedures, policies, 11 products, and business decisions, including 12 profits, employee training, and customer 13 interaction strategies. 14 Disclosure would provide competitors an 15 unfair advantage by copying Mojo’s 16 practices. (See Dkt. No. 213 ¶ 4) 17 18 Declaration of Entire document WAVV Denied. Spencer Communications did 19 Harman, Dkt. not provide any reason No. 198-32 why the documents 20 should be sealed. 21 Declaration of Entire document PhoneBurner, Inc. did Denied. Paul Rydell, not provide any reason 22 Dkt. No. why the documents 23 198-33 should be sealed. 24 Excerpts of Plaintiffs designated Contains sensitive Denied. April 15, 2021 the entire document information about the 25 deposition of for sealing, but Do Not Call Policy David Metten, Realogy says only and affiliation related 26 Dkt. No. 173:7-25 should be form materials. 198-35 redacted. Disclosure would give 27 competitors an unfair 1 Document Information sought Proffered Reason for Ruling to be sealed Sealing 2 having to prepare their 3 own policies and processes. (See Dkt. 4 No. 214 at 20-21) 5 CB Bootcamp Entire document Contains Denied. 6 Lead commercially sensitive Generation: information about 7 Farming & educational and Expireds, Dkt. training information. 8 No. 198-36 Disclosure would give competitors an unfair 9 advantage by not 10 having to prepare their own training materials. 11 (See Dkt. No. 214 at 21-22) 12 MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST MOJO 13 Plaintiffs’ Page 2/Lines 5-6, 8- Describes and quotes Denied. 14 Motion for 11, 11-13, 14-17, 25-27 other documents 15 Partial Page 3/Lines 1-2, 17- identified for sealing. Summary 19, 21-24, 28 16 Judgment Page 4/Lines 1-5, 6-8, Against Mojo, 12-16, 18-19, 21-22 17 Dkt. No. 201 Page 6/Lines 15-16, 18-20, 25-26, 26-28 18 Page 7/Lines 1-2, 3-4, 5-8, 8-9, 10-12, 12-13, 19 13-16, 17-18 20 Page 11/Lines 11-14, 19-20, 21, 22, 23-25, 21 25-26 Page 12/Lines 7-9, 18, 22 27-28 Page 13/Lines 1, 5-8, 23 9-10, 11-13, 13-14, 15- 17, 17-19 24 25 Excerpts from Entire documents Contains sensitive Denied. Not narrowly March 17, information about tailored redactions. 26 2021 Davis Mojo’s operations, Mangold procedures, policies, 27 Deposition products, and business 1 Document Information sought Proffered Reason for Ruling to be sealed Sealing 2 to Deposition, profits, employee 3 Dkt. Nos. training, and customer 200-33 interaction strategies. 4 through 200- Disclosure would 5 47 provide competitors an unfair advantage by 6 copying Mojo’s practices. (See Dkt. 7 No. 213 ¶ 4) 8 REALOGY’S MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT 9 Exhibit A to Entire Document Contains Granted. The document 10 Exhibit 1 of commercially sensitive contains sensitive 11 Declaration in information about the information about support of affiliation process for Realogy’s contracts with 12 Realogy’s independent contractor their sales associates, Motion for sales associates, including compensation 13 Summary compensation, and terms of the Judgment, commissions, and independent contractor 14 Dkt. No. 205- legal assistance. relationship. 15 1 at ECF 17 Disclosure would allow competitors an 16 unfair advantage with respect to their 17 relationships with 18 independent contractors. (See Dkt. 19 No. 207-1 ¶ 3) 20 Exhibit B to Entire Document Contains Granted. The document Exhibit 1 of commercially sensitive contains sensitive 21 Declaration in information about the information about support of affiliation process for Realogy’s contracts with 22 Realogy’s independent contractor their sales associates, 23 Motion for sales associates, including compensation Summary compensation, and terms of the 24 Judgment, commissions, and independent contractor Dkt. No. 205- legal assistance. relationship. 25 1 at ECF 17 Disclosure would allow competitors an 26 unfair advantage with 27 respect to their relationships with 1 Document Information sought Proffered Reason for Ruling to be sealed Sealing 2 independent 3 contractors. (See Dkt. No. 207-1 ¶ 4) 4 Exhibit C to Entire Document Contains Granted. The document 5 Exhibit 1 of commercially sensitive contains sensitive 6 Declaration in information about the information about support of affiliation process for Realogy’s contracts with 7 Realogy’s independent contractor their sales associates, Motion for sales associates, including compensation 8 Summary compensation, and terms of the Judgment, commissions, and independent contractor 9 Dkt. No. 205- legal assistance. relationship. 10 1 at ECF 17 Disclosure would allow competitors an 11 unfair advantage with respect to their 12 relationships with independent 13 contractors. (See Dkt. 14 No. 207-1 ¶ 5) 15 Exhibit D to Entire Document Contains Denied. Exhibit 1 of commercially sensitive 16 Declaration in information about the support of Do Not Call Policy, 17 Realogy’s and would give 18 Motion for competitors an unfair Summary advantage in not 19 Judgment, having to prepare their Dkt. No. 205- own policies. (See 20 1 at ECF 17 Dkt. No. 207-1 ¶ 6) 21 Exhibit E to Entire Document Contains Denied. Exhibit 1 of commercially sensitive 22 Declaration in information about the 23 support of Do Not Call Policy, Realogy’s and would give 24 Motion for competitors an unfair Summary advantage in not 25 Judgment, having to prepare their Dkt. No. 205- own policies. (See 26 1 at ECF 17 Dkt. No. 207-1 ¶ 7) 27 Exhibit F to Entire Document Contains Denied. 1 Document Information sought Proffered Reason for Ruling to be sealed Sealing 2 Declaration in information about the 3 support of Do Not Call Policy, Realogy’s and would give 4 Motion for competitors an unfair 5 Summary advantage in not Judgment, having to prepare their 6 Dkt. No. 205- own policies. (See 1 at ECF 17 Dkt. No. 207-1 ¶ 8) 7 Exhibit G to Entire Document Contains Denied. 8 Exhibit 1 of commercially sensitive Declaration in information about the 9 support of Do Not Call Policy 10 Realogy’s and affiliation, and Motion for would give 11 Summary competitors an unfair Judgment, advantage in not 12 Dkt. No. 205- having to prepare their 1 at ECF 17 own policies. (See 13 Dkt. No. 207-1 ¶ 9) 14 Exhibit H to Entire Document Contains Denied. 15 Exhibit 1 of commercially sensitive Declaration in information about the 16 support of Do Not Call Policy Realogy’s and affiliation, and 17 Motion for would give 18 Summary competitors an unfair Judgment, advantage in not 19 Dkt. No. 205- having to prepare their 1 at ECF 17 own policies. (See 20 Dkt. No. 207-1 ¶ 10) 21 Exhibit I to Entire Document Contains Denied. Exhibit 1 of commercially sensitive 22 Declaration in information about the 23 support of Do Not Call Policy Realogy’s and affiliation, and 24 Motion for would give Summary competitors an unfair 25 Judgment, advantage in not Dkt. No. 205- having to prepare their 26 1 at ECF 17 own policies. (See 27 Dkt. No. 207-1 ¶ 11) 1 Document Information sought Proffered Reason for Ruling to be sealed Sealing 2 Exhibit 16 of Entire Document Contains sensitive Granted. Contains 3 Declaration in personal information. personal phone records of support of (See Dkt. No. 215-1 at plaintiff suing over privacy 4 Realogy’s 2) interests. 5 Motion for Summary 6 Judgment, Dkt. No. 205- 7 1 at ECF 234 8 Exhibit 17 of Entire Document Contains sensitive Granted. Contains Declaration in personal information. personal phone records of 9 support of (See Dkt. No. 215-1 at plaintiff suing over privacy 10 Realogy’s 2) interests. Motion for 11 Summary Judgment, 12 Dkt. No. 205- 1 at ECF 235 13 Exhibit 18 of Entire Document Contains sensitive Granted. Contains 14 Declaration in personal information. personal phone records of 15 support of (See Dkt. No. 215-1 at plaintiff suing over privacy Realogy’s 2) interests. 16 Motion for Summary 17 Judgment, 18 Dkt. No. 205- 1 at ECF 236 19 Exhibit 19 of Entire Document Contains sensitive Granted. Contains 20 Declaration in personal information. personal phone records of support of (See Dkt. No. 215-1 at plaintiff suing over privacy 21 Realogy’s 2) interests. Motion for 22 Summary 23 Judgment, Dkt. No. 205- 24 1 at ECF 237 25 Exhibit 20 of Entire Document Contains sensitive Granted. Contains Declaration in personal information. personal phone records of 26 support of (See Dkt. No. 215-1 at plaintiff suing over privacy Realogy’s 2) interests. 27 Motion for 1 Document Information sought Proffered Reason for Ruling to be sealed Sealing 2 Judgment, 3 Dkt. No. 205- 1 at ECF 238 4 Exhibit 21 of Entire Document Contains sensitive Granted. Contains 5 Declaration in personal information. personal phone records of 6 support of (See Dkt. No. 215-1 at plaintiff suing over privacy Realogy’s 2) interests. 7 Motion for Summary 8 Judgment, Dkt. No. 205- 9 1 at ECF 239 10 Exhibit 22 of Entire Document Contains sensitive Granted. Contains 11 Declaration in personal information. personal phone records of support of (See Dkt. No. 215-1 at plaintiff suing over privacy 12 Realogy’s 2) interests. Motion for 13 Summary Judgment, 14 Dkt. No. 205- 15 1 at ECF 240 16 Exhibit 32 of Entire Document Contains sensitive Granted. Contains Declaration in personal information. personal phone records of 17 support of (See Dkt. No. 215-1 at plaintiff suing over privacy Realogy’s 2) interests. 18 Motion for 19 Summary Judgment, 20 Dkt. No. 205- 1 at ECF 381 21 Exhibit 34 of Entire Document Contains sensitive Granted. Contains 22 Declaration in personal information. personal phone records of support of (See Dkt. No. 215-1 at plaintiff suing over privacy 23 Realogy’s 3) interests. 24 Motion for Summary 25 Judgment, Dkt. No. 205- 26 1 at ECF 420 27 Exhibit 38 of Entire Document Contains information Denied. 1 Document Information sought Proffered Reason for Ruling to be sealed Sealing 2 support of confidential by third- 3 Realogy’s party PhoneBurner. Motion for (See Dkt. No. 208 4 Summary ¶ 10) 5 Judgment, Dkt. No. 205- 6 1 at ECF 427 7 Exhibit 39 of Entire Document Contains information Denied. Declaration in designated as 8 support of confidential by third- Realogy’s party PhoneBurner. 9 Motion for (See Dkt. No. 208 10 Summary ¶ 11) Judgment, 11 Dkt. No. 205- 1 at ECF 428 12 Exhibit 40 of Entire Document Contains information Denied. 13 Declaration in designated as support of confidential by Mojo. 14 Realogy’s (See Dkt. No. 208 15 Motion for ¶ 12) Summary 16 Judgment, Dkt. No. 205- 17 1 at ECF 429 18 REALOGY’S DAUBERT MOTION 19 Exhibit 11 of Entire Document Contains information Denied. 20 Declaration in designated as support of confidential by Mojo 21 Realogy’s and third parties Daubert PhoneBurner and 22 Motion, Dkt. WAVV No. 206-1 at Communications. 23 ECF 306 (See Dkt. No. 208 24 ¶ 13) 25 Exhibit 15 of Entire Document Contains information Denied. Declaration in designated as 26 support of confidential by third Realogy’s party PhoneBurner. 27 Daubert (See Dkt. No. 208 1 Document Information sought Proffered Reason for Ruling to be sealed Sealing 2 No. 206-1 at 3 ECF 401 4 Exhibit 16 of Entire Document Contains information Denied. Declaration in designated as 5 support of confidential by third 6 Realogy’s party WAVV Daubert Communications. 7 Motion, Dkt. (See Dkt. No. 208 No. 206-1 at ¶ 15) 8 ECF 402 9 Exhibit 25 of Entire Document Contains confidential Granted. The document Declaration in business information contains confidential 10 support of of plaintiffs’ expert information about the 11 Realogy’s witness’s company, relationship between Class Daubert Class Expert Group, Expert Group and Lexis 12 Motion, Dkt. pertaining to the Nexis. No. 206-1 at company’s contractual 13 ECF 570 relationship with Lexis Nexis. (See Dkt. No. 14 215 ¶ 11) 15

16 17 18 19 20 21 22 23 24 25 26 27