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. 781, 799, 805, 817 11 Defendant.

12 Before the Court are administrative motions for leave to file under seal materials associated with discovery disputes in this case. Dkt. 781, 799, 805, 817; see also Dkt. 802 (declaration filed in support of motion to seal).

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. 781 8 Documents Court’s Ruling on Motion to Seal Reason(s) for Court’s Ruling Sought to be Sealed 10 Google LLC’s GRANTED as to the portions at: The information requested to be sealed Notice of contains Google’s confidential and 11 Motion and Pages 1:17-18, i:7-8, i:10, i:11, 1:7, proprietary information regarding Motion for 1:10, 1:12-16, 1:19-23, 1:25-26, sensitive features of Google’s internal Relief 2:12, 2:15, 2:27, 3:10-12, 3:15, 4:5- systems and operations, including 13 Regarding 7, 4:12, 4:27, 5:2-3, 5:5, 5:11-28, various types of Google’s internal Preservation 6:3, 6:5, 7:2, 7:4-5, 7:9-10, 7:19, projects and data logging systems, and 14 7:21-22, 7:24-27, 8:4, 8:7, 8:9, 9:1, their proprietary functionalities, as 9:15, 9:23-25, 10:15-16, 10:18, well as internal metrics, that Google 15 11:13 maintains as confidential in the ordinary course of its business and is not generally known to the public or 17 Google’s competitors. Such confidential and proprietary 18 information reveals Google’s internal strategies, system designs, and 19 business practices for operating and maintaining many of its services.

Public disclosure of such confidential 21 and proprietary information could affect Google’s competitive standing 22 as 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 parties may seek to use 25 the information to compromise Google’s internal practices relating to 26 competing products.

Declaration of GRANTED as to the portions at: The information requested to be sealed 27 Larry contains Google’s confidential and Pages 1:25-2:1, 2:3-8, 3:7-11, 3:16- sensitive features of Google’s internal 27, 4:7-19, 4:22-24, 4:27-28, 5:1-9, systems and operations, including 2 5:12-13, 5:15-16, 5:18, 5:20-21, various types of Google’s internal 5:23-24, 5:26, 5:28-6:1, 6:3-4, 6:6- projects and data logging systems, and 3 9, 6:12-17, 6:19-20, 6:22-7:5 their proprietary functionalities, as well as internal metrics, that Google 4 maintains as confidential in the ordinary course of its business and is not generally known to the public or 6 Google’s competitors. Such confidential and proprietary 7 information reveals Google’s internal strategies, system designs, and 8 business practices for operating and maintaining many of its services.

Public disclosure of such confidential 10 and proprietary information could affect Google’s competitive standing 11 as competitors may alter their systems and practices relating to competing 12 products. It may also place Google at an increased risk of cybersecurity threats, as third parties may seek to use 14 the information to compromise Google’s internal practices relating to 15 competing products.

Declaration of GRANTED as to the portions at: The information requested to be sealed Benjamin contains Google’s confidential and 17 Kornacki Pages 1:22, 1:26-2:1, 2:3, 2:7, 2:11, proprietary information regarding 2:13, 2:16, 2:21, 2:26, 2:28-3:8, sensitive features of Google’s internal 18 3:11-12, 3:14-19 systems and operations, including various types of Google’s internal 19 projects and data logging systems, and their proprietary functionalities, as well as internal metrics, that Google 21 maintains as confidential in the ordinary course of its business and is 22 not generally known to the public or Google’s competitors. Such 23 confidential and proprietary information reveals Google’s internal strategies, system designs, and 25 business practices for operating and maintaining many of its services.

26 Public disclosure of such confidential and proprietary information could 27 affect Google’s competitive standing and practices relating to competing products. It may also place Google at 2 an increased risk of cybersecurity threats, as third parties may seek to use 3 the information to compromise Google’s internal practices relating to 4 competing products.

Declaration of GRANTED as to the portions at: The information requested to be sealed Julian Kranz contains Google’s confidential and 6 Pages 1:22-25, 1:28, 2:1, 2:3, 2:5-7 proprietary information regarding sensitive features of Google’s internal 7 systems and operations, including various types of Google’s data logging 8 systems, as well as internal metrics, that 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 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 as competitors may alter their systems and practices relating to competing 17 products. It may also place Google at an increased risk of cybersecurity 18 threats, as third parties may seek to use the information to compromise 19 Google’s internal practices relating to competing products.

Declaration of GRANTED as to the portions at: The information requested to be sealed 21 Joshua contains Google’s confidential and Halstead Pages 1:18-21, 1:25, 1:27-28, 2:2-3, proprietary information regarding 22 2:5-7, 2:9-14 sensitive features of Google’s internal systems and operations, including 23 various types of Google’s internal projects and data sources, as well as internal metrics, that Google maintains 25 as confidential in the ordinary course of its business and is not generally 26 known to the public or Google’s competitors. Such confidential and 27 proprietary information reveals designs, and business practices for operating and maintaining many of its 2 services. Public disclosure of such confidential and proprietary 3 information could affect Google’s competitive standing as competitors 4 may alter their systems and practices relating to competing products. It may also place Google at an increased risk 6 of cybersecurity threats, as third parties may seek to use the information to 7 compromise Google’s internal practices relating to competing 8 products.

Declaration of GRANTED as to the portions at: The information requested to be sealed Patrick Quaid contains Google’s confidential and 10 Pages 1:12, 1:14, 1:16, 1:21-23 proprietary information regarding sensitive features of Google’s internal 11 systems and operations, including various types of Google’s internal 12 projects and data sources, as well as internal metrics, that Google maintains as confidential in the ordinary course 14 of its business and is not generally known to the public or Google’s 15 competitors. Such confidential and proprietary information reveals Google’s internal strategies, system 17 designs, and business practices for operating and maintaining many of its 18 services. Public disclosure of such confidential and proprietary 19 information could affect Google’s competitive standing as competitors may alter their systems and practices 21 relating to competing products. It may also place Google at an increased risk 22 of cybersecurity threats, as third parties may seek to use the information to 23 compromise Google’s internal practices relating to competing products.

25 Declaration of GRANTED as to the portions at: The information requested to be sealed Daryl Seah contains Google’s confidential and 26 Pages 2:11-21, 2:24, 3:3 proprietary information regarding sensitive features of Google’s internal 27 systems and operations, including projects and data logging systems, and their proprietary functionalities, as 2 well as internal metrics, that Google maintains as confidential in the 3 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 6 strategies, system designs, and business practices for operating and 7 maintaining many of its services.

Public disclosure of such confidential 8 and proprietary information could affect Google’s competitive standing as competitors may alter their systems 10 and practices relating to competing products. It may also place Google at 11 an increased risk of cybersecurity threats, as third parties may seek to use 12 the information to compromise Google’s internal practices relating to competing products.

14 Declaration of GRANTED as to the portions at: The information requested to be sealed Srilakshmi contains Google’s confidential and 15 Pothana Pages 1:28, 2:1-7, 2:12-15, 2:17, proprietary information regarding 2:20, 2:22-23 sensitive features of Google’s internal systems and operations, including 17 various types of Google’s internal projects and data logging systems, as 18 well as internal metrics, that Google maintains as confidential in the 19 ordinary course of its business and is not generally known to the public or Google’s competitors. Such 21 confidential and proprietary information reveals Google’s internal 22 strategies, system designs, and business practices for operating and 23 maintaining many of its services.

Public disclosure of such confidential and proprietary information could 25 affect Google’s competitive standing as competitors may alter their systems 26 and practices relating to competing products. It may also place Google at 27 an increased risk of cybersecurity the information to compromise Google’s internal practices relating to 2 competing products.

Exhibit 1 to GRANTED as to the portions at: The information requested to be sealed 3 Gao contains Google’s confidential and Declaration – Pages 100:2, 100:4, 100:10, 101:21, proprietary information regarding 4 Aug. 4, 2022 103:22, 103:24, 105:11 sensitive features of Google’s internal Hearing Tr. systems and operations, including Excerpts various types of Google’s internal 6 projects and their proprietary functionalities, that Google maintains 7 as confidential in the ordinary course of its business and is not generally 8 known to the public or Google’s competitors. Such confidential and proprietary information reveals 10 Google’s internal strategies, system designs, and business practices for 11 operating and maintaining many of its services. Public disclosure of such 12 confidential and proprietary information could affect Google’s competitive standing as competitors 14 may alter their systems and practices relating to competing products. It may 15 also place Google at an increased risk of cybersecurity threats, as third parties may seek to use the information to 17 compromise Google’s internal practices relating to competing 18 products.

Exhibit 2 to GRANTED as to the portions at: The information requested to be sealed 19 Gao contains Google’s confidential and Declaration - Pages 134:1, 134:12, 134:18-20, proprietary information regarding 3/18/22 135:1, 135:8-9, 135:12, 136:7 sensitive features of Google’s internal 21 Glenn systems and operations, including Berntson Tr. various types of Google’s internal 22 Excerpts projects, that Google maintains as confidential in the ordinary course of 23 its business and is not generally known to the public or Google’s competitors.

Such confidential and proprietary 25 information reveals Google’s internal strategies, system designs, and 26 business practices for operating and maintaining many of its services.

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

6 Exhibit 3 to GRANTED as to the portions at: The information requested to be sealed Gao contains Google’s confidential and 7 Declaration - Seal in its entirety proprietary information regarding GOOG- sensitive features of Google’s internal 8 CABR- systems and operations, including 03652751 various types of Google’s internal projects and data logging systems, and 10 their proprietary functionalities, that Google maintains as confidential in the 11 ordinary course of its business and is not generally known to the public or 12 Google’s competitors. Such confidential and proprietary information reveals Google’s internal 14 strategies, system designs, and business practices for operating and 15 maintaining many of its services.

Public disclosure of such confidential and proprietary information could 17 affect Google’s competitive standing as competitors may alter their systems 18 and practices relating to competing products. It may also place Google at 19 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.

2. Dkt. 799; see also Dkt. 802 Documents Sought to be Court’s Ruling on Reason(s) for Court’s Ruling 24 Sealed Motion to Seal Plaintiffs’ Response in GRANTED as to The information requested to be sealed Opposition to Google’ redacted portions contains Google’s confidential and 26 Motion for Relief Regarding at: proprietary information regarding Preservation sensitive features of Google’s internal 27 Pages 1:2-3, 1:5, systems and operations, including 1:9-10, 1:12, 1:16, various types of Google’s internal 4:8, 4:10, 4:12, data signals, and logs, and their 4:17-22, 5:5, 5:7, proprietary functionalities, as well as 2 5:10, 5:12-14, 5:17- internal metrics, that Google maintains 25, 6:1-2, 6:4-5, as confidential in the ordinary course of 3 6:7-8, 6:13, 6:15, its business and is not generally known 6:17-18, 6:25, 7:21, to the public or Google’s competitors.

4 8:1, 8:3-4, 8:6, Such confidential and proprietary 8:16, 8:18. 9:15, information reveals Google’s internal 10:2, 10:7, 10:9, strategies, system designs, and business 6 10:11, 10:13, practices for operating and maintaining 10:15-16, 11:26, many of its services. Public disclosure of 7 13:2 such confidential and proprietary information could affect Google’s 8 competitive 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 11 may seek to use the information to compromise Google’s internal practices 12 relating to competing products.

Exhibit 1 to McGee GRANTED as to The information requested to be sealed Declaration redacted portions contains Google’s confidential and 14 at: proprietary information regarding Liao Depo. Trans. Excerpts sensitive features of Google’s internal 15 Pages 22:1-2, systems and operations, including 22:10, 22:12-18, various types of Google’s internal 22:24-23:1, 23:3, projects, internal project code names, 17 23:9, 23:16-17, data signals, and logs, and their 23:19, 24:1, 24:4-7, proprietary functionalities, that Google 18 24:13, 25:20, 25:22, maintains as confidential in the ordinary 26:3, 26:16, 26:18, course of its business and is not 19 26:20, 27:7, 27:11, generally known to the public or 27:13, 27:20, 27:23, Google’s competitors. Such confidential 28:6, 28:18, 28:20, and proprietary information reveals 21 28:22, 29:6-7, 29:9, Google’s internal strategies, system 29:11-12, 29:15, designs, and business practices for 22 30:13-14, 30:17, operating and maintaining many of its 30:21-22, 31:3-4, services. Public disclosure of such 23 31:11-14, 31:19, confidential and proprietary information 31:22, 32:2, 32:7, could affect Google’s competitive 32:13, 33:3, 33:7, standing as competitors may alter their 25 33:14, 33:16, 33:20, systems and practices relating to 33:24, 34:1, 34:6, competing products. It may also place 26 34:9-12, 34:15, Google at an increased risk of 34:22-23, 35:9, cybersecurity threats, as third parties 27 35:14, 35:19, 36:2, may seek to use the information to relating to competing products.

Exhibit 2 to McGee GRANTED as to The information requested to be sealed Declaration redacted portions contains Google’s confidential and at: proprietary information regarding GFS Field Names sensitive features of Google’s internal Sealed Entirely systems and operations, including 4 Google’s internal data logging systems and fields, as well as their proprietary functionalities, 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 10 its 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.

Exhibit 3 to McGee GRANTED as to The information requested to be sealed 17 Declaration redacted portions contains Google’s confidential and at: proprietary information regarding 18 GA Field Names sensitive features of Google’s internal Sealed Entirely systems and operations, including 19 Google’s internal data logging systems and fields, as well as their proprietary functionalities, that Google maintains as 21 confidential in the ordinary course of its business and is not generally known to 22 the public or Google’s competitors. Such confidential and proprietary information 23 reveals Google’s internal strategies, system designs, and business practices for operating and maintaining many of 25 its services. Public disclosure of such confidential and proprietary information 26 could affect Google’s competitive standing as competitors may alter their 27 systems and practices relating to Google at an increased risk of cybersecurity threats, as third parties 2 may seek to use the information to compromise Google’s internal practices 3 relating to competing products.

4 3. Dkt. 805 Documents Sought to be Court’s Ruling on Reason(s) for Court’s Ruling 6 Sealed Motion to Seal Google LLC’s Reply in GRANTED as to the The information requested to be sealed Support of Google’s portions at: contains Google’s confidential and Motion for Relief proprietary information regarding sensitive Regarding Preservation Pages 1:5-6, 2:3-4, features of Google’s internal systems and 9 3:7-8, 3:26 4:7, 4:9- operations, including various types of 10, 4:18-19, 4:21-25, related Google’s internal projects, internal 4:27, 5:3, 5:7, 5:12- databases, and their proprietary 15, 5:18, 6:6-7, 8:14, functionalities, as well as internal metrics, 9:18, 9:27 that Google maintains as confidential in the 12 ordinary course of its business and is not generally known to the public or Google’s 13 competitors. Such confidential and proprietary information reveals Google’s internal strategies, system designs, and 15 business practices for operating and maintaining many of its services. Public 16 disclosure of such confidential and proprietary information could affect 17 Google’s competitive standing as competitors may alter their systems and practices relating to competing products. It 19 may also place Google at an increased risk of cybersecurity threats, as third parties 20 may seek to use the information to compromise Google’s internal practices 21 relating to competing products.

Declaration of Viola GRANTED as to the The information requested to be sealed Trebicka in Support of portions at: contains Google’s confidential and 23 Google LLC’s Reply in proprietary information regarding sensitive Support of Motion for Pages 1:16-17, 1:19- features of Google’s internal systems and 24 Relief Regarding 20 operations, including various types of Preservation related Google’s internal log names, that 25 Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s 27 competitors. Such confidential and proprietary information reveals Google’s business practices for operating and maintaining many of its services. Public 2 disclosure of such confidential and proprietary information could affect 3 Google’s competitive standing as competitors may alter their systems and 4 practices relating to competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties 6 may seek to use the information to compromise Google’s internal practices 7 relating to competing products.

Exhibit 1 GRANTED as to the The information requested to be sealed 8 portions at: contains Google’s confidential and GOOG-CABR-05290579 proprietary information regarding sensitive Sealed Entirely features of Google’s internal systems and 10 operations, including various types of related Google’s internal projects, internal 11 databases, data signals, and logs, and their proprietary functionalities, as well as 12 internal metrics, that 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 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 systems and 19 practices relating to competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties 21 may seek to use the information to compromise Google’s internal practices 22 relating to competing products.

Exhibit 2 GRANTED as to the The information requested to be sealed 23 portions at: contains Google’s confidential and GOOG-CABR-03841078 proprietary information regarding sensitive Sealed Entirely features of Google’s internal systems and 25 operations, including various types of related Google’s internal projects, internal 26 databases, data signals, and their proprietary functionalities, that Google 27 maintains as confidential in the ordinary known to the public or Google’s competitors. Such confidential and 2 proprietary information reveals Google’s internal strategies, system designs, and 3 business practices for operating and maintaining many of its services. Public 4 disclosure of such confidential and proprietary information could affect Google’s competitive standing as 6 competitors may alter their systems and practices relating to competing products. It 7 may also place Google at an increased risk of cybersecurity threats, as third parties 8 may seek to use the information to compromise Google’s internal practices relating to competing products.

10 Exhibit 3 GRANTED as to the The information requested to be sealed portions at: contains Google’s confidential and 11 GOOG-CABR-03655476 proprietary information regarding sensitive Sealed Entirely features of Google’s internal systems and 12 operations, including various types of related Google’s internal projects, internal databases, data signals, and their 14 proprietary functionalities, that Google maintains as confidential in the ordinary 15 course of its business and is not generally known to the public or Google’s competitors. Such confidential and 17 proprietary information reveals Google’s internal strategies, system designs, and 18 business practices for operating and maintaining many of its services. Public 19 disclosure of such confidential and proprietary information could affect Google’s competitive standing as 21 competitors may alter their systems and practices relating to competing products. It 22 may also place Google at an increased risk of cybersecurity threats, as third parties 23 may seek to use the information to compromise Google’s internal practices relating to competing products.

25 Exhibit 4 GRANTED as to the The information requested to be sealed portions at: contains Google’s confidential and 26 .CSV/.PDF data file proprietary information regarding sensitive Sealed Entirely features of Google’s internal systems and 27 operations, including various types of databases, data signals, and logs, and their proprietary functionalities, that Google 2 maintains as confidential in the ordinary course of its business and is not generally 3 known to the public or Google’s competitors. Such confidential and 4 proprietary information reveals Google’s internal strategies, system designs, 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 11 compromise Google’s internal practices relating to competing products.

12 Exhibit 5 GRANTED as to the The information requested to be sealed portions at: contains Google’s confidential and .CSV/.PDF data file proprietary information regarding sensitive 14 Sealed Entirely features of Google’s internal systems and operations, including various types of 15 related Google’s internal projects, internal databases, data signals, and logs, and their proprietary functionalities, that Google 17 maintains as confidential in the ordinary course of its business and is not generally 18 known to the public or Google’s competitors. Such confidential and 19 proprietary information reveals Google’s internal strategies, system designs, and business practices for operating and 21 maintaining many of its services. Public disclosure of such confidential and 22 proprietary information could affect Google’s competitive standing as 23 competitors may alter their systems and practices relating to competing products. It may also place Google at an increased risk 25 of cybersecurity threats, as third parties may seek to use the information to 26 compromise Google’s internal practices relating to competing products.

4. Dkt. 817 2 Documents Sought to be | Court’s Ruling on Reason(s) for Court’s Ruling 3 Sealed Motion to Seal Joint Submission Re: GRANTED as to the | The information requested to be sealed 4 Preservation in Light of portions at: contains Google’s confidential and Class Certification Order proprietary information regarding sensitive 5 Pages 3:26-27, 4:1, features of Google’s internal systems and 6 4:3-5, 5:24, 6:2-3, operations, including internal metrics, data TAL fields, and processes, that Google maintains 7 as confidential in the ordinary course of its business and is not generally known to the 8 public or Google’s competitors. Such confidential and proprietary information 9 reveals Google’s internal strategies, system 10 designs, and business practices. Public disclosure of such confidential and proprietary information could affect Google’s competitive standing as a 12 competitors may alter their systems and practices relating to competing products. It 13 may also place Google at an increased risk 14 of cybersecurity threats, as third parties may seek to use the information to B15 compromise Google’s internal practices.

A 16 SO ORDERED.

5 || Dated: January 26, 2023 Z 18 5.

19 vi SUSAN VAN KEULEN 20 United States Magistrate Judge