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 9 v. MOTIONS FOR LEAVE TO FILE UNDER SEAL 10 GOOGLE LLC, Re: Dkt. Nos. 634, 653, 677 11 Defendant.

12 Before the Court are administrative motions for leave to file under seal materials associated with discovery disputes in this case. Dkt. 634, 653, 677; see also Dkt. 684, 690 (declarations in support of sealing motions).

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. 634; see also Dkt. 684 8 Document Sought to be Court’s Ruling on Reason(s) for Court’s Ruling Sealed Motion to Seal Plaintiffs’ Renewed Request GRANTED as to The information requested to be sealed 10 to Depose Google CEO the portions at: contains Google’s confidential and Sundar Pichai proprietary information regarding 11 Pages: 2:22-27, 3:1, sensitive features of Google’s internal 12 3:3, 3:7-9 systems and operations, including Google’s internal projects and 13 identifiers, that Google maintains as confidential in the ordinary course of its 14 business and is not generally known to the public or Google’s competitors. Such 15 confidential and proprietary information reveals Google’s internal strategies, system designs, and business practices 17 for operating and maintaining many of its services. Public disclosure of such 18 confidential and proprietary information could affect Google’s competitive 19 standing as competitors may alter their systems and practices relating to competing products. It may also place 21 Google at an increased risk of cybersecurity threats, as third parties may 22 seek to use the information to compromise Google’s internal practices 23 relating to competing products.

Exhibit A to Baeza GRANTED as to The information requested to be sealed Declaration (GOOG-CABR- the portions at: contains Google’s confidential and 25 05468324) proprietary information regarding Seal Entirely sensitive features of Google’s internal 26 systems and operations, including various types of Google’s internal 27 projects, identifiers, and their proprietary confidential in the ordinary course of its business and is not generally known to 2 the public or Google’s competitors. Such confidential and proprietary information 3 reveals Google’s internal strategies, system designs, and business practices 4 for operating and maintaining many of its services. Public disclosure of such confidential and proprietary information 6 could affect Google’s competitive standing as competitors may alter their 7 systems and practices relating to competing products. It may also place 8 Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to 10 compromise Google’s internal practices relating to competing products.

11 Exhibit E to Baeza GRANTED as to The information requested to be sealed Declaration (Deposition of the portions at: contains Google’s confidential and 12 Chris Palmer) proprietary information regarding Pages: 113:13-14, sensitive features of Google’s internal 187:17, 188:2, systems and operations, including 14 188:7, 188:17, Google’s internal projects, identifiers, 188:23, 189:2, and their proprietary functionalities, that 15 189:6, 189:9, Google maintains as confidential in the 189:14, 189:18-21 ordinary course of its business and is not generally known to the public or 17 Google’s 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. See Dkt. 81 at 2-3. 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.

23 It may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information 25 to compromise Google’s internal practices relating to competing products.

26 Exhibit G to Baeza GRANTED as to The information requested to be sealed Declaration (GOOG-BRWN- the portions at: contains Google’s confidential and 27 00391231) proprietary information regarding systems and operations, including Google’s internal projects and 2 identifiers, 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, system designs, and business practices 6 for operating and maintaining many of its services. Public disclosure of such 7 confidential and proprietary information could affect Google’s competitive 8 standing as competitors may alter their systems and practices relating to competing products. It may also place 10 Google at an increased risk of cybersecurity threats, as third parties may 11 seek to use the information to compromise Google’s internal practices 12 relating to competing products.

Exhibit H to Baeza GRANTED as to The information requested to be sealed 13 Declaration (GOOG-CABR- the portions at: contains Google’s confidential and 04971903) 14 proprietary information regarding Page: -903 sensitive features of Google’s internal 15 systems and operations, including Google’s internal projects and identifiers, that Google maintains as 17 confidential in the ordinary course of its business and is not generally known to 18 the public or Google’s competitors. Such confidential and proprietary information 19 reveals Google’s internal strategies, system designs, and business practices for operating and maintaining many of its 21 services. Public disclosure of such confidential and proprietary information 22 could affect Google’s competitive standing as competitors may alter their 23 systems and practices relating to competing products. It may also place Google at an increased risk of 25 cybersecurity threats, as third parties may seek to use the information to 26 compromise Google’s internal practices relating to competing products.

27 Exhibit L to Baeza GRANTED as to The information requested to be sealed proprietary information regarding 1 Page: -831 sensitive features of Google’s internal 2 systems and operations, including Google’s internal projects and 3 identifiers, that Google maintains as confidential in the ordinary course of its 4 business and is not generally known to the public or Google’s competitors. Such confidential and proprietary information 6 reveals Google’s internal strategies, system designs, and business practices 7 for operating and maintaining many of its services. Public disclosure of such 8 confidential and proprietary information could affect Google’s competitive standing as competitors may alter their 10 systems and practices relating to competing products. It may also place 11 Google at an increased risk of cybersecurity threats, as third parties may 12 seek to use the information to compromise Google’s internal practices relating to competing products.

14 Exhibit M to Baeza GRANTED as to The information requested to be sealed Declaration the portions at: contains Google’s confidential and 15 (GOOG-BRWN-00140297) proprietary information regarding Pages: -311-313, - sensitive features of Google’s internal 315-319, -323, - systems and operations, including 17 325, -327-329 various types of Google’s internal projects, identifiers, and their proprietary 18 functionalities, that Google maintains as confidential in the ordinary course of its 19 business and is not generally known to the public or Google’s competitors. Such confidential and proprietary information 21 reveals Google’s internal strategies, system designs, and business practices 22 for operating and maintaining many of its services. Public disclosure of such 23 confidential and proprietary information could affect Google’s competitive standing as competitors may alter their 25 systems and practices relating to competing products. It may also place 26 Google at an increased risk of cybersecurity threats, as third parties may 27 seek to use the information to compromise Google’s internal practices relating to competing products.

2 Exhibit N to Baeza GRANTED as to The information requested to be sealed Declaration (GOOG-CABR- the portions at: contains Google’s confidential and 05126022) 3 proprietary information regarding Page -023 sensitive features of Google’s internal 4 systems and operations, including Google’s internal projects and identifiers, that Google maintains as 6 confidential in the ordinary course of its business and is not generally known to 7 the public or Google’s competitors. Such confidential and proprietary information 8 reveals Google’s internal strategies, system designs, and business practices for operating and maintaining many of its 10 services. Public disclosure of such confidential and proprietary information 11 could affect Google’s competitive standing as competitors may alter their 12 systems and practices relating to competing products. It may also place Google at an increased risk of 14 cybersecurity threats, as third parties may seek to use the information to 15 compromise Google’s internal practices relating to competing products.

16 Exhibit O to Baeza GRANTED as to The information requested to be sealed 17 D (Ge Ocl Oar Gat -i Con A BR-04675770) the portions at: contains Google’s confidential and proprietary information regarding 18 Pages: -770-771 sensitive features of Google’s internal systems and operations, including 19 Google’s internal projects and identifiers, that Google maintains as confidential in the ordinary course of its 21 business and is not generally known to the public or Google’s competitors. Such 22 confidential and proprietary information reveals Google’s internal strategies, 23 system designs, and business practices for operating and maintaining many of its services. Public disclosure of such 25 confidential and proprietary information could affect Google’s competitive 26 standing as competitors may alter their systems and practices relating to 27 competing products. It may also place cybersecurity threats, as third parties may seek to use the information to 2 compromise Google’s internal practices relating to competing products.

3 Exhibit P to Baeza GRANTED as to The information requested to be sealed Declaration the portions at: contains Google’s confidential and (Deposition of Rory proprietary information regarding McClelland) Pages: 118:2, sensitive features of Google’s internal 118:7, 118:12, systems and operations, including 6 118:15-16, 118:23, Google’s internal projects and 120:4-5, 120:11 identifiers, that Google maintains as 7 confidential in the ordinary course of its business and is not generally known to 8 the public or Google’s competitors. Such confidential and proprietary information reveals Google’s internal strategies, 10 system designs, and business practices for operating and maintaining many of its 11 services. Public disclosure of such confidential and proprietary information 12 could affect Google’s competitive standing as competitors may alter their systems and practices relating to 14 competing products. It may also place Google at an increased risk of 15 cybersecurity threats, as third parties may seek to use the information to compromise Google’s internal practices 17 relating to competing products.

Exhibit Q to Baeza GRANTED as to The information requested to be sealed 18 Declaration the portions at: contains Google’s confidential and (Deposition of Abdelkarim proprietary information regarding 19 Mardini) Pages: 317:7, sensitive features of Google’s internal 20 317:14-15, 317:22- systems and operations, including 23, 318:1-2, 318:4, various types of Google’s internal 21 318:15-319:8, projects, identifiers, and their proprietary 319:14, 371:7-10, functionalities, that Google maintains as 22 371:13-15, 371:22- confidential in the ordinary course of its 23, 372:1-2, business and is not generally known to 23 373:14,18, 373:22- the public or Google’s competitors. Such 24 confidential and proprietary information reveals Google’s internal strategies, 25 system designs, and business practices for operating and maintaining many of its 26 services. Public disclosure of such confidential and proprietary information 27 could affect Google’s competitive systems and practices relating to competing products. It may also place 2 Google at an increased risk of cybersecurity threats, as third parties may 3 seek to use the information to compromise Google’s internal practices 4 relating to competing products.

Exhibit R to Baeza GRANTED as to The information requested to be sealed Declaration the portions at: contains Google’s confidential and (Deposition of Chetna Bindra) proprietary information regarding Pages: 218:11-13 sensitive features of Google’s internal 7 systems and operations, including Google’s internal projects and 8 identifiers, that Google maintains as confidential in the ordinary course of its business and is not generally known to 10 the public or Google’s competitors. Such confidential and proprietary information 11 reveals Google’s internal strategies, system designs, and business practices 12 for operating and maintaining many of its services. Public disclosure of such confidential and proprietary information 14 could affect Google’s competitive standing as competitors may alter their 15 systems and practices relating to competing products. It may also place Google at an increased risk of 17 cybersecurity threats, as third parties may seek to use the information to 18 compromise Google’s internal practices relating to competing products.

19 Exhibit S to Baeza GRANTED as to The information requested to be sealed Declaration the portions at: contains Google’s confidential and 20 (GOOG-BRWN-00388293) proprietary information regarding 21 Page: -295 sensitive features of Google’s internal systems and operations, including 22 Google’s internal communication channels, that Google maintains as 23 confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors. Such 25 confidential and proprietary information reveals Google’s internal strategies, 26 system designs, and business practices for operating and maintaining many of its 27 services. Public disclosure of such could affect Google’s competitive standing as competitors may alter their 2 systems and practices relating to competing products. It may also place 3 Google at an increased risk of cybersecurity threats, as third parties may 4 seek to use the information to compromise Google’s internal practices relating to competing products.

6 Exhibit T to Baeza GRANTED as to The information requested to be sealed Declaration the portions at: contains Google’s confidential and (Deposition of Lorraine proprietary information regarding Twohill) Page: 120:6-12 sensitive features of Google’s internal 8 systems and operations, including various types of Google’s internal projects, and their proprietary 10 functionalities, that Google maintains as confidential in the ordinary course of its 11 business and is not generally known to the public or Google’s competitors. Such 12 confidential and proprietary information reveals Google’s internal strategies, system designs, and business practices 14 for operating and maintaining many of its services. Public disclosure of such 15 confidential and proprietary information could affect Google’s competitive standing as competitors may alter their 17 systems and practices relating to competing products. It may also place 18 Google at an increased risk of cybersecurity threats, as third parties may 19 seek to use the information to compromise Google’s internal practices relating to competing products.

21 Exhibit V to Baeza GRANTED as to The information requested to be sealed Declaration the portions at: contains Google’s confidential and (GOOG-CABR-00501220) 22 proprietary information regarding Pages: -221-222, - sensitive features of Google’s internal 23 224-225 systems and operations, including various types of Google’s internal projects, identifiers, and their proprietary 25 functionalities, that Google maintains as confidential in the ordinary course of its 26 business and is not generally known to the public or Google’s competitors. Such 27 confidential and proprietary information system designs, and business practices for operating and maintaining many of its 2 services. Public disclosure of such confidential and proprietary information 3 could affect Google’s competitive standing as competitors may alter their 4 systems and practices relating to competing products. It may also place Google at an increased risk of 6 cybersecurity threats, as third parties may seek to use the information to 7 compromise Google’s internal practices relating to competing products.

8 Exhibit Y to Baeza GRANTED as to The information requested to be sealed Declaration the portions at: contains Google’s confidential and (GOOG-CABR-05756489) proprietary information regarding 10 Pages: -491, -494, - sensitive features of Google’s internal 499-501, -504-505, systems and operations, including 11 -507-512 various types of Google’s internal projects, identifiers, and their proprietary 12 functionalities, that Google maintains as confidential in the ordinary course of its business and is not generally known to 14 the public or Google’s competitors. Such confidential and proprietary information 15 reveals Google’s internal strategies, system designs, and business practices for operating and maintaining many of its 17 services. Public disclosure of such confidential and proprietary information 18 could affect Google’s competitive standing as competitors may alter their 19 systems and practices relating to competing products. It may also place Google at an increased risk of 21 cybersecurity threats, as third parties may seek to use the information to 22 compromise Google’s internal practices relating to competing products.

23 Exhibit Z to Baeza GRANTED as to The information requested to be sealed Declaration (GOOG-BRWN- the portions at: contains Google’s confidential and 24 00406065) proprietary information regarding 25 Pages: -065-069 sensitive features of Google’s internal systems and operations, including 26 various types of Google’s internal projects, identifiers, and their proprietary 27 functionalities, that Google maintains as business and is not generally known to the public or Google’s competitors. Such 2 confidential and proprietary information reveals Google’s internal strategies, 3 system designs, and business practices for operating and maintaining many of its 4 services. Public disclosure of such confidential and proprietary information could affect Google’s competitive 6 standing as competitors may alter their systems and practices relating to 7 competing 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 Google’s internal practices 10 relating to competing products.

Proposed Order GRANTED as to The information requested to be sealed 11 the portions at: contains Google’s confidential and proprietary information regarding 12 Page: 6:2, 6:4-5, sensitive features of Google’s internal 6:7-8, 6:11, 6:16, systems and operations, including 6:18, 6:28 Google’s internal projects and 14 identifiers, that Google maintains as confidential in the ordinary course of its 15 business and is not generally known to the public or Google’s competitors. Such confidential and proprietary information 17 reveals Google’s internal strategies, system designs, and business practices 18 for operating and maintaining many of its services. Public disclosure of such 19 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 22 Google at an increased risk of cybersecurity threats, as third parties may 23 seek to use the information to compromise Google’s internal practices relating to competing products.

2. Dkt. 653 Document Sought to be Court’s Ruling on Reason(s) for Court’s Ruling 27 Sealed Motion to Seal Google LLC’s Response to GRANTED as to the The information requested to be to Depose Google CEO confidential and proprietary Sundar Pichai (Dkt. 635) Pages 3:15-16, 3:24, 4:2 information regarding sensitive 2 features of Google’s internal systems and operations, including 3 various types of Google’s internal projects and their proprietary 4 functionalities, that Google maintains as confidential in the ordinary course of its business and 6 is not generally known to the public or Google’s competitors. Such 7 confidential and proprietary information reveals Google’s 8 internal strategies, system designs, and business practices for operating and maintaining many of its 10 services. Public disclosure of such confidential and proprietary 11 information could affect Google’s competitive standing as competitors 12 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 parties may seek to 15 use the information to compromise Google’s internal practices relating 16 to competing products.

17 Exhibit 2 GRANTED as to the The information requested to be 5/6/22 Twohill Depo Tr. portions at: sealed contains Google’s 18 Excerpts confidential and proprietary Pages 7:11, 126:2-3, information regarding sensitive 19 126:7, 126:10-16, 127:6, features of Google’s internal 127:8 systems and operations, including various types of Google’s internal 21 projects and proposals, and their proprietary functionalities, as well 22 as internal metrics, that Google maintains as confidential in the 23 ordinary course of its business and is not generally known to the public or Google’s competitors. Such 25 confidential and proprietary information reveals Google’s 26 internal strategies, system designs, and business practices for operating 27 and maintaining many of its confidential and proprietary information could affect Google’s 2 competitive standing as competitors may alter their systems and 3 practices relating to competing products. It may also place Google 4 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 Exhibit 3 GRANTED as to the The information requested to be 2/18/22 McClelland Depo Tr. portions at: sealed contains Google’s Excerpts confidential and proprietary Pages 28:16-20, 29:3-11, information regarding sensitive 29:14-17, 30:5, 106:10- features of Google’s internal 10 13, 107:3, 107:5-15, systems and operations, including 107:18-19, 108:5-6, various types of Google’s internal 11 113:4, 118:2, 118:7, projects and proposals, and their 118:12, 118:15-16, proprietary functionalities, that 12 118:23, 119:12-14 Google maintains as confidential in the ordinary course of its business and is not generally known to the 14 public or Google’s competitors.

Such confidential and proprietary 15 information reveals Google’s internal strategies, system designs, and business practices for operating 17 and maintaining many of its services. Public disclosure of such 18 confidential and proprietary information could affect Google’s 19 competitive standing as competitors may alter their systems and practices relating to competing 21 products. It may also place Google at an increased risk of cybersecurity 22 threats, as third parties may seek to use the information to compromise 23 Google’s internal practices relating to competing products.

Exhibit 5 GRANTED as to the The information requested to be 25 11/19/21 Adhya Depo Tr. portions at: sealed contains Google’s Excerpts confidential and proprietary 26 Pages 7:17 information regarding sensitive features of Google’s internal 27 systems and operations, including Google maintains as confidential in the ordinary course of its business 2 and is not generally known to the public or Google’s competitors.

3 Such confidential and proprietary information reveals Google’s 4 internal strategies, system designs, and business practices for operating and maintaining many of its 6 services. 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 10 at an increased risk of cybersecurity threats, as third parties may seek to 11 use the information to compromise Google’s internal practices relating 12 to competing products.

13 3. Dkt. 677; see also Dkt. 690 Document Sought Court’s Ruling on Reason(s) for Court’s Ruling to be Sealed Motion to Seal 16 Plaintiffs’ Reply In GRANTED as to The information requested to be sealed contains Support of Their the portions at: Google’s confidential and proprietary information 17 Renewed Request regarding sensitive features of Google’s internal to Depose Google Pages: 1:11, 1:15, systems and operations, including various types of CEO Sundar Pichai 4:7-17, 5:10 Google’s internal projects, identifiers, and their 19 proprietary functionalities that Google maintains as confidential in the ordinary course of its business 20 and is not generally known to the public or Google’s competitors. Such confidential and proprietary 21 information reveals Google’s internal strategies, system designs, and business practices for operating and maintaining many of its service. Public 23 disclosure of such confidential and proprietary information could affect Google’s competitive 24 standing as competitors may alter their systems and practices relating to competing products. It may also 25 place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to compromise Google’s internal 27 practices relating to competing products.

2 SO ORDERED.

3 Dated: September 26, 2022 5 Sets SUSAN VAN KEULEN 6 United States Magistrate Judge

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