1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PATRICK CALHOUN, et al., Case No. 20-cv-05146-YGR (SVK)

8 Plaintiffs, ORDER ON ADMINISTRATIVE 9 v. MOTIONS FOR LEAVE TO FILE UNDER SEAL 10 GOOGLE LLC, Re: Dkt. Nos. 897, 929, 933, 942, 944, 949 11 Defendant.

12 Before the Court are administrative motions to file under seal materials associated 13 discovery disputes in this case. Dkt. 897, 929, 933, 942, 944, 949; see also Dkt. 938 (declaration 14 filed in support of administrative motion to seal). 15 Courts recognize a “general right to inspect and copy public records and documents, 16 including judicial records and documents.” Kamakana v. City & Cnty. Of Honolulu,

(9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc.,

, 597 & n.7 18 (1978)). A request to seal court records therefore starts with a “strong presumption in favor of 19 access.” Kamakana,

(quoting Foltz v. State Farm Mut. Auto. Ins. Co.,

(9th Cir. 2003)). The standard for overcoming the presumption of public access to 20 court records depends on the purpose for which the records are filed with the court. A party 21 seeking to seal court records relating to motions that are “more than tangentially related to the 22 underlying cause of action” must demonstrate “compelling reasons” that support secrecy. Ctr. For 23 Auto Safety v. Chrysler Grp.,

(9th Cir. 2016). For records attached to 24 motions that re “not related, or only tangentially related, to the merits of the case,” the lower 25 “good cause” standard of Rule 26(c) applies. Id.; see also Kamakana,

. A party 26 moving to seal court records must also comply with the procedures established by Civil Local 27 1 Here, the “good cause” standard applies because the information the parties seek to seal 2 was submitted to the Court in connection with discovery-related motions, rather than a motion that 3 concerns the merits of the case. The Court may reach different conclusions regarding sealing 4 these documents under different standards or in a different context. Having considered the 5 motions to seal, supporting declarations, and the pleadings on file, and good cause appearing, the 6 Court ORDERS as follows: 7 1. Dkt. 897 8 Document Court’s Ruling on Motion to Seal Reason(s) for Court’s Ruling 9 Sought to be 10 Sealed Google LLC’s GRANTED as to the portions at: The information requested to be sealed 11 Notice of contains Google’s confidential and Motion and Pages 1:17-18, i:7-8, i:10, i:11, 1:7, proprietary information regarding 12 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 14 Preservation 6:3, 6:5, 7:2, 7:4-5, 7:9-10, 7:19, projects and data logging systems, and 7:21-22, 7:24-27, 8:4, 8:7, 8:9, 9:1, their proprietary functionalities, as well 15 9:15, 9:23-25, 10:15-16, 10:18, as internal metrics, that Google 11:13 maintains as confidential in the 16 ordinary course of its business and is not generally known to the public or 17 Google’s competitors. Such 18 confidential and proprietary information reveals Google’s internal 19 strategies, system designs, and business practices for operating and 20 maintaining many of its services. Public disclosure of such confidential 21 and proprietary information could 22 affect Google’s competitive standing as competitors may alter their systems 23 and practices relating to competing products. It may also place Google at 24 an increased risk of cybersecurity 25 threats, as third parties may seek to use the information to compromise 26 Google’s internal practices relating to competing products. 27 Declaration of GRANTED as to the portions at: The information requested to be sealed 1 Larry contains Google’s confidential and 2 Greenfield Pages 1:25-2:1, 2:3-8, 3:7-11, 3:16- proprietary information regarding 27, 4:7-19, 4:22-24, 4:27-28, 5:1-9, sensitive features of Google’s internal 3 5:12-13, 5:15-16, 5:18, 5:20-21, systems and operations, including 5:23-24, 5:26, 5:28-6:1, 6:3-4, 6:6- various types of Google’s internal 4 9, 6:12-17, 6:19-20, 6:22-7:5 projects and data logging systems, and their proprietary functionalities, as well 5 as internal metrics, that Google 6 maintains as confidential in the ordinary course of its business and is 7 not generally known to the public or Google’s competitors. Such 8 confidential and proprietary information reveals Google’s internal 9 strategies, system designs, and 10 business practices for operating and maintaining many of its services. 11 Public disclosure of such confidential and proprietary information could 12 affect Google’s competitive standing as competitors may alter their systems 13 and practices relating to competing 14 products. It may also place Google at an increased risk of cybersecurity 15 threats, as third parties may seek to use the information to compromise 16 Google’s internal practices relating to competing products. 17 Declaration of GRANTED as to the portions at: The information requested to be sealed 18 Benjamin contains Google’s confidential and Kornacki Pages 1:22, 1:26-2:1, 2:3, 2:7, 2:11, proprietary information regarding 19 2:13, 2:16, 2:21, 2:26, 2:28-3:8, sensitive features of Google’s internal 3:11-12, 3:14-19 systems and operations, including 20 various types of Google’s internal 21 projects and data logging systems, 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 24 Google’s competitors. Such 25 confidential and proprietary information reveals Google’s internal 26 strategies, system designs, and business practices for operating and 27 maintaining many of its services. and proprietary information could 1 affect Google’s competitive standing 2 as competitors may alter their systems and practices relating to competing 3 products. It may also place Google at an increased risk of cybersecurity 4 threats, as third parties may seek to use the information to compromise 5 Google’s internal practices relating to 6 competing products. Declaration of GRANTED as to the portions at: The information requested to be sealed 7 Julian Kranz contains Google’s confidential and Pages 1:22-25, 1:28, 2:1, 2:3, 2:5-7 proprietary information regarding 8 sensitive features of Google’s internal systems and operations, including 9 various types of Google’s data logging 10 systems, as well as internal metrics, that Google maintains as confidential 11 in the ordinary course of its business and is not generally known to the 12 public or Google’s competitors. Such confidential and proprietary 13 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 16 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 20 the information to compromise 21 Google’s internal practices relating to competing products. 22 Declaration of GRANTED as to the portions at: The information requested to be sealed Patrick Quaid contains Google’s confidential and 23 Pages 1:12, 1:14, 1:16, 1:21-23 proprietary information regarding sensitive features of Google’s internal 24 systems and operations, including 25 various types of Google’s internal projects and data sources, as well as 26 internal metrics, that Google maintains as confidential in the ordinary course of 27 its business and is not generally known Such confidential and proprietary 1 information reveals Google’s internal 2 strategies, system designs, and business practices for operating and 3 maintaining many of its services. Public disclosure of such confidential 4 and proprietary information could affect Google’s competitive standing 5 as competitors may alter their systems 6 and practices relating to competing products. It may also place Google at 7 an increased risk of cybersecurity threats, as third parties may seek to use 8 the information to compromise Google’s internal practices relating to 9 competing products. 10 Declaration of GRANTED as to the portions at: The information requested to be sealed Daryl Seah contains Google’s confidential and 11 Pages 2:11-21, 2:24, 3:3 proprietary information regarding sensitive features of Google’s internal 12 systems and operations, including various types of Google’s internal 13 projects and data logging systems, and 14 their proprietary functionalities, as well as internal metrics, that Google 15 maintains as confidential in the ordinary course of its business and is 16 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. 20 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 24 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 Srilakshmi contains Google’s confidential and Pages 1:28, 2:1-7, 2:12-15, 2:17, sensitive features of Google’s internal 1 2:20, 2:22-23 systems and operations, including 2 various types of Google’s internal projects and data logging systems, as 3 well as internal metrics, that Google maintains as confidential in the 4 ordinary course of its business and is not generally known to the public or 5 Google’s competitors. Such 6 confidential and proprietary information reveals Google’s internal 7 strategies, system designs, and business practices for operating and 8 maintaining many of its services. Public disclosure of such confidential 9 and proprietary information could 10 affect Google’s competitive standing as competitors may alter their systems 11 and practices relating to competing products. It may also place Google at 12 an increased risk of cybersecurity threats, as third parties may seek to use 13 the information to compromise 14 Google’s internal practices relating to competing products. 15 Exhibit 1 to GRANTED as to the portions at: The information requested to be sealed Gao contains Google’s confidential and 16 Declaration – Pages 100:2, 100:4, 100:10, 101:21, proprietary information regarding 17 Aug. 4, 2022 103:22, 103:24, 105:11 sensitive features of Google’s internal Hearing Tr. systems and operations, including 18 Excerpts various types of Google’s internal projects and their proprietary 19 functionalities, that Google maintains as confidential in the ordinary course of 20 its business and is not generally known 21 to the public or Google’s competitors. Such confidential and proprietary 22 information reveals Google’s internal strategies, system designs, and 23 business practices for operating and maintaining many of its services. 24 Public disclosure of such confidential 25 and proprietary information could affect Google’s competitive standing 26 as competitors may alter their systems and practices relating to competing 27 products. It may also place Google at threats, as third parties may seek to use 1 the information to compromise 2 Google’s internal practices relating to competing products. 3 Exhibit 2 to GRANTED as to the portions at: The information requested to be sealed Gao contains Google’s confidential and 4 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 5 Glenn systems and operations, including 6 Berntson Tr. various types of Google’s internal Excerpts projects, that Google maintains as 7 confidential in the ordinary course of its business and is not generally known 8 to the public or Google’s competitors. Such confidential and proprietary 9 information reveals Google’s internal 10 strategies, system designs, and business practices for operating and 11 maintaining many of its service. Public disclosure of such confidential and 12 proprietary information could affect Google’s competitive standing as 13 competitors may alter their systems 14 and practices relating to competing products. It may also place Google at 15 an increased risk of cybersecurity threats, as third parties may seek to use 16 the information to compromise 17 Google’s internal practices relating to competing products. 18 Exhibit 3 to GRANTED as to the portions at: The information requested to be sealed Gao contains Google’s confidential and 19 Declaration - Seal in its entirety proprietary information regarding GOOG- sensitive features of Google’s internal 20 CABR- systems and operations, including 21 03652751 various types of Google’s internal projects and data logging systems, and 22 their proprietary functionalities, that Google maintains as confidential in the 23 ordinary course of its business and is not generally known to the public or 24 Google’s competitors. Such 25 confidential and proprietary information reveals Google’s internal 26 strategies, system designs, and business practices for operating and 27 maintaining many of its services. and proprietary information could 1 affect Google’s competitive standing 2 as competitors may alter their systems and practices relating to competing 3 products. It may also place Google at an increased risk of cybersecurity 4 threats, as third parties may seek to use the information to compromise 5 Google’s internal practices relating to 6 competing products. 7 8 2. Dkt. 929

9 Document Sought Court’s Ruling on Reason(s) for Court’s Ruling to be Sealed Motion to Seal 10 Google LLC’s GRANTED as to the The information requested to be sealed 11 Administrative portions at: contains Google’s confidential and proprietary Motion to information regarding sensitive features of 12 Supplement Motion Pages 1:3-4; 1:6; 1:13; Google’s internal systems and operations, 13 for Relief 1:15-20; 1:27-28; 2:2-4; including various types of Google’s internal Regarding 2:8-10; 2:20-23; 2:25 projects and data logging systems, and their 14 Preservation proprietary functionalities, as well as internal metrics, that Google maintains as confidential 15 in the ordinary course of its business and is not generally known to the public or Google’s 16 competitors. Such confidential and proprietary 17 information reveals Google’s internal strategies, system designs, and business 18 practices for operating and maintaining many of its services. Public disclosure of such 19 confidential and proprietary information could affect Google’s competitive standing as 20 competitors may alter their systems and 21 practices relating to competing products. It may also place Google at an increased risk of 22 cybersecurity threats, as third parties may seek to use the information to compromise 23 Google’s internal practices relating to 24 competing products. 25 3. Dkt. 933; see also Dkt. 938

26 Document Sought Court’s Ruling on Reason(s) for Court’s Ruling to be Sealed Motion to Seal 27 Plaintiffs’ GRANTED as to the The information requested to be sealed Google’s Motion for proprietary information regarding sensitive 1 Relief From The Pages ii:12, ii:19-21, 2:5- features of Google’s internal systems and 2 Court’s Modified 6, 2:9, 4:22, 7:17, 10:13- operations, including various types of Preservation Plan 15, 10:18-20, 10:27, Google’s internal logs and internal log names, 3 Dated July 15, 2022 11:10, 11:13-14, 11:23, and their proprietary functionalities, as well as as Modified Again 11:27, 12:4, 12:9-10, internal metrics, that Google maintains as 4 on August 5, 2022 12:12, 12:26-27, 13:5, confidential in the ordinary course of its 14:25-26, 15:15, 16:19- business and is not generally known to the 5 22, 16:26-28, 17:2, 17:5- public or Google’s competitors. Such 6 6, 17:9, 17:11-12, 17:17, confidential and proprietary information 17:20, 17:27, 18:27, reveals Google’s internal strategies, system 7 19:14-17, 19:28 designs, and business practices for operating and maintaining many of its services. Public 8 disclosure of such confidential and proprietary information could affect Google’s competitive 9 standing as competitors may alter their 10 systems and practices relating to competing products. It may also place Google at an 11 increased risk of cybersecurity threats, as third parties may seek to use the information to 12 compromise Google’s internal practices relating to competing products. 13 Exhibit B to Joint GRANTED as to the The information requested to be sealed 14 Declaration of Jason portions at: contains the full URL used to transmit a “Jay” Barnes, production of documents in this case, along 15 Lesley Weaver, and Page 1 with Google’s confidential and proprietary David Straite In information regarding internal operations that 16 Support Of Google maintains as confidential in the 17 Plaintiff’s ordinary course of its business and is not Opposition to generally known to the public or Google’s 18 Google’s Motion for competitors. Such confidential and Relief proprietary information reveals Google’s 19 internal designs and business practices. Public disclosure of such confidential and proprietary 20 information could place Google at an 21 increased risk of cybersecurity threats, as third parties may seek to use the information to 22 compromise Google’s internal practices relating to competing products. 23 4. Dkt. 942 24 25 Document Sought Court’s Ruling on Reason(s) for Court’s Ruling to be Sealed Motion to Seal 26 Google LLC’s GRANTED as to the The information requested to be sealed 27 Reply in Support of portions at: contains Google’s confidential and proprietary Google’s Motion information regarding sensitive features of 1 Document Sought Court’s Ruling on Reason(s) for Court’s Ruling to be Sealed Motion to Seal 2 Regarding Pages: i:5, 1:5-7, 1:11, including various types of Google’s internal Preservation 1:14-15, 2:1, 2:4, 2:6, projects and data logging systems, and their 3 2:13-14, 2:21, 2:24, 3:6- proprietary functionalities, as well as internal 4 7, 3:13, 3:17, 3:19-20, metrics, that Google maintains as confidential 3:27, 5:12-13, 6:1, 6:3-4, in the ordinary course of its business and is not 5 6:8-17, 6:19-7:1, 7:12- generally known to the public or Google’s 13, 8:18-21, 8:25, 8:27- competitors. Such confidential and proprietary 6 9:1, 9:6, 9:12-13, 10:4, information reveals Google’s internal 7 10:17-18, 10:25, 11:1, strategies, system designs, and business 11:13, 11:17-18, 11:27, practices for operating and maintaining many 8 12:2-4, 12:16, 12:19-20, of its services. Public disclosure of such 12:24, 13:1, 13:13-14, confidential and proprietary information could 9 14:15 affect Google’s competitive standing as competitors may alter their systems and 10 practices relating to competing products. It 11 may also place Google at an increased risk of cybersecurity threats, as third parties may seek 12 to use the information to compromise Google’s internal practices relating to competing 13 products. Trebicka Exhibit 1 GRANTED as to the The information requested to be sealed 14 (GOOG-CALH- portions at: contains Google’s confidential and proprietary 15 00374314) information regarding sensitive features of Seal Entirely Google’s internal systems and operations, 16 including various types of Google’s internal projects and data logging systems, and their 17 proprietary functionalities, as well as internal metrics, that Google maintains as confidential 18 in the ordinary course of its business and is not 19 generally known to the public or Google’s competitors. Such confidential and proprietary 20 information reveals Google’s internal strategies, system designs, and business 21 practices for operating and maintaining many of its services. Public disclosure of such 22 confidential and proprietary information could 23 affect Google’s competitive standing as competitors may alter their systems and 24 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 compromise Google’s 26 internal practices relating to competing 27 products. 1 Document Sought Court’s Ruling on Reason(s) for Court’s Ruling to be Sealed Motion to Seal 2 Trebicka Exhibit 2 GRANTED as to the The information requested to be sealed (GOOG-CALH- portions at: contains Google’s confidential and proprietary 3 00696086) information regarding sensitive features of 4 Seal Entirely Google’s internal systems and operations, including various types of Google’s internal 5 projects and data logging systems, and their proprietary functionalities, as well as internal 6 metrics, that Google maintains as confidential 7 in the ordinary course of its business and is not generally known to the public or Google’s 8 competitors. Such confidential and proprietary information reveals Google’s internal 9 strategies, system designs, and business practices for operating and maintaining many 10 of its services. Public disclosure of such 11 confidential and proprietary information could affect Google’s competitive standing as 12 competitors may alter their systems and practices relating to competing products. It 13 may also place Google at an increased risk of cybersecurity threats, as third parties may seek 14 to use the information to compromise Google’s 15 internal practices relating to competing products. 16 Trebicka Exhibit 3 GRANTED as to the The information requested to be sealed (GOOG-CABR- portions at: contains Google’s confidential and proprietary 17 05290579) information regarding sensitive features of Seal Entirely Google’s internal systems and operations, 18 including various types of Google’s internal 19 projects and data logging systems, and their proprietary functionalities, as well as internal 20 metrics, that Google maintains as confidential in the ordinary course of its business and is not 21 generally known to the public or Google’s competitors. Such confidential and proprietary 22 information reveals Google’s internal 23 strategies, system designs, and business practices for operating and maintaining many 24 of its services. Public disclosure of such confidential and proprietary information could 25 affect Google’s competitive standing as competitors may alter their systems and 26 practices relating to competing products. It 27 may also place Google at an increased risk of cybersecurity threats, as third parties may seek 1 Document Sought Court’s Ruling on Reason(s) for Court’s Ruling to be Sealed Motion to Seal 2 internal practices relating to competing products. 3 4 5. Dkt. 944

5 Document Sought to be Court’s Ruling on Reason(s) for Court’s Ruling Sealed Motion to Seal 6 Trebicka Exhibit A GRANTED as to the The information requested to be sealed portions at: contains Google’s confidential and 7 proprietary information regarding 8 Pages 3:20-23, 4:1 sensitive features of Google’s internal systems and operations, including 9 various types of Google’s internal projects, internal databases, and their 10 proprietary functionalities, as well as internal metrics such as volumes and 11 costs associated with particular data 12 sources, that Google maintains as confidential in the ordinary course of 13 its business and is not generally known to the public or Google’s competitors. 14 Such confidential and proprietary information reveals Google’s internal 15 strategies, system designs, and 16 business practices for operating and maintaining many of its services, and 17 falls within the protected scope. Public disclosure of such confidential and 18 proprietary information could affect Google’s competitive standing as 19 competitors may alter their systems 20 and practices relating to competing products. It may also place Google at 21 an increased risk of cybersecurity threats, as third parties may seek to use 22 the information to compromise 23 Google’s internal practices relating to competing products. 24

25

26

27 6. Dkt. 949

3 Google LLC’s GRANTED as to the The information requested to be sealed Supplemental portions at: contains Google’s confidential and 4 Submission Re proprietary information regarding Preservation Pursuant to | Pages 2:7, 4:19, 5:4-11 sensitive features of Google’s internal 5 Dkt. 947 systems and operations, including 6 various types of Google’s internal projects, internal databases, and their 7 proprietary functionalities, as well as internal metrics such as volumes and 8 costs associated with particular data sources, that Google maintains as ? confidential in the ordinary course of 10 its business and is not generally known to the public or Google’s competitors. 11 Such confidential and _ proprietary information reveals Google’s internal 12 strategies, system designs, and 13 business practices for operating and maintaining many of its services. 14 Public disclosure of such confidential S and proprietary information could 3 15 affect Google’s competitive standing as competitors may alter their systems 16 and practices relating to competing 5 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. 20 21 SO ORDERED. 22 Dated: January 26, 2023 23 Svesom ye 29 SUSAN VAN KEULEN United States Magistrate Judge 27 28