Brown v. Google LLC

Opinion

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

Plaintiffs, ORDER ON ADMINISTRATIVE MOTIONS FOR LEAVE TO FILE v. UNDER SEAL

GOOGLE LLC, Re: Dkt. Nos. 321, 333, 339, 340 Defendant.

Before the Court are several administrative motions to file under seal materials associated with discovery disputes in this case. Dkt. 321, 333, 339, 340; see also Dkt. 334. 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 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 Rule 79-5. 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 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: 1. Dkt. 321

Court’s Ruling Document Sought to be on Motion to Reason(s) for Court’s Ruling Sealed Seal GRANTED as to Plaintiffs’ Demonstratives redacted portions at: The Court previously denied this motion to seal without prejudice and Pages 3-6, 11-14, 16, gave Google until November 19, 18-19, 26, 28-33, 42- 2021 to submit the declaration 51 required under Civil Local Rule 79- 5. Dkt. 330. Google submitted the

required declaration by the deadline set by the Court. Dkt. 334. The information requested to be sealed is narrowly tailored to protect Google’s confidential and proprietary information regarding sensitive features of Google’s internal systems and operations, including details related to project names, cookies, internal identifiers, as well as Google’s internal communications and practices with regard to Incognito and its proprietary functions, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors. 2. Dkt. 333

Court’s Ruling Document Sought to be on Motion to Reason(s) for Court’s Ruling Sealed Seal September 30, 2021 GRANTED as to Narrowly tailored to protect Hearing Transcript redacted portions at: confidential technical information regarding sensitive features of 59:17; 65:4-6, 68:13- Google’s internal systems and 14; 69:1-2, 9-10, 14 operations, including Google’s proprietary functions that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors as well as Plaintiffs’ personally identifiable information. 3. Dkt. 339

Court’s Ruling Document Sought to be on Motion to Reason(s) for Court’s Ruling Sealed Seal GRANTED as to November 12, 2021 Order redacted portions at: Narrowly tailored to protect confidential and proprietary information regarding sensitive 4:9; 4:13; 4:15 features of Google’s internal identifiers, systems, projects, data structures, and operations that Google does not share publicly, including particular internal data sources Google was ordered to search for data relating to Plaintiffs, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors. GRANTED as to Exhibit 1 (Brown) to redacted portions at: Narrowly tailored to protect November 12, 2021 Order confidential and proprietary Paragraphs 3.1-3.7 information regarding sensitive features of Google’s internal identifiers, systems, projects, data structures, and operations that Google does not share publicly, including particular internal data sources Google was ordered to search for data relating to Plaintiffs, that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or Google’s competitors. 4, Dkt. 340 Court’s Ruling on Motion to Reason(s) for Court’s Ruling Sealed Seal November 4, 2021 Hearing GRANTED as_to Transcript edacted portions at: [Natrowly tailored to protect onfidential technical information 9:13; 11:9-10; 11:14,"egarding sensitive features of 12:7; 12:19; 13:15-17,Google’s internal systems and 13:19-20; 13:24: 14:4: operations, including details related 14:7-9: 14:14: 14:19-t0 Google’s internal systems, 14:21-22: 1 5:22-25:practices, projects, identifiers, -1_d) 16:19 16-14-cookies, the various types of logs 16:1-4; 16:12; 16:14;/90"'«* YP’ □□ 16:18-24: 17:1-2: aintained by Google, information 17:4-5: 17:9-12; ontained in those logs, as well as 17:16: 19:1: 20:3-5{Google’s internal communications 21:2: 23:19: 23:22-23;fand practices with regard to 97:2: 27:13; 28:13-15;Incognito and their proprietary 28:24-25: 29:1-44 unctions, that Google maintains as 10-14: 31:18.Confidential in the ordinary course of 4 31:25; 32:3: 32:19-21 business and is not generally 33:5: 33:12; 33:21,known to the public or Google’s 34:19; 34:22-25; 35:1-ompetitors. 6; 35:18-22; 36:1; 36:8-9; 36:19-24; 37:4-7; 37:10; 37:15- 16; 37:25; 38-1; 39:2- 25; 40:13; 40:25; 41:1-9; 41:11; 41:14- 15; 42:12; 42:14-15; 42:20-21; 42:23-25; 43:1; 43:3; 44:16-18; 44:22-25; 45:1-2; 46:4-16; 47:2; 47:6; 49:3-6; 50:6; 50:9-13; 51:9; 51:11-17 Dated: November 23, 2021 ” Seesem yer SUSAN VAN KEULEN United States Magistrate Judge