Brown v. Google LLC

Opinion

3 4 CHASOM BROWN, et al., Case No. 20-cv-03664-LHK (SVK)

5 Plaintiffs, ORDER ON JOINT SUBMISSION RE 6 v. SEALING PORTIONS OF APRIL 29, Re: Dkt. No. 170 8 Defendant.

9 Now before the Court is the Parties’ joint submission (Dkt. 170), in which Google requests 10 that the Court seal portions of the transcript of the April 29, 2021 discovery hearing. 11 Courts recognize a “general right to inspect and copy public records and documents, 12 including judicial records and documents.” Kamakana v. City & Cnty. Of Honolulu, 447 F.3d 13 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc., 435 U.S. 589, 597 & n.7 14 (1978)). A request to seal court records therefore starts with a “strong presumption in favor of 15 access.” Kamakana, 447 F.3d at 1178 (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 16 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 17 seeking to seal court records relating to motions that are “more than tangentially related to the 18 underlying cause of action” must demonstrate “compelling reasons” that support secrecy. Ctr. For 19 Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016). For records attached to 20 motions that re “not related, or only tangentially related, to the merits of the case,” the lower 21 “good cause” standard of Rule 26(c) applies. Id.; see also Kamakana, 447 F.3d at 1179. A party 22 moving to seal court records must also comply with the procedures established by Civil Local 23 Rule 79-5. 24 Here, the “good cause” standard applies because the information the parties seek to seal 25 was submitted to the Court in connection with a discovery-related motion, rather than a motion 26 that concerns the merits of the case. The Court may reach different conclusions regarding sealing 27 1 motions to seal, supporting declarations, and the pleadings on file, and good cause appearing, the 2 } Court ORDERS as follows: 3 4 D Souch Court’s Ruling CES on Motion to Reason(s) for Court’s Ruling 5 ealed Seal April 29, 2021 Discovery Hearing GRANTED as to Narrowly tailored to protect 6 Transcript redacted portions at | confidential information 7 6:17, 6:19, 7:6, 7:7, | regarding Google’s internal TAO, 9:22, 12:3, systems and operations, including 12:6-9, 12:11-12, detai : g etails related to the various 13:23, 15:10, 17:20- f identifiers/cooki 21, 18:8-9, 22:14- types of identifiers/cookies □ 9 15, 22:16-20, 26:9, | Google uses internally and their 26:18, 26:19 proprietary functions, the various 10 types of data logs maintained by Google. 11 SO ORDERED.

Dated: May 26, 2021

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© 15 SUSAN VAN KEULEN A 16 United States Magistrate Judge

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