Dangaard v. Instagram, LLC

District Court, N.D. California·Decided December 12, 2024·No. 3:22-cv-01101·Unknown

Opinion

NORTHERN DISTRICT OF CALIFORNIA

DAWN DANGAARD, et al., Plaintiffs, No. 22-01101 WHA

v. ORDER RE MOTIONS TO SEAL INSTAGRAM, LLC, et al., [DKT. NOS. 250, 254] Defendants.

This order addresses motions to seal (Dkt. Nos. 250, 254) that stem from plaintiffs’ opposition to Meta’s motion for summary judgment (Dkt. No. 251). The public enjoys the right to know to whom the public courts provide relief (or not). Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178–80 (9th Cir. 2006). Filings “more than tangentially related to the merits of a case” may be sealed only for “compelling reasons.” Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101–02 (9th Cir.). That “standard applies to most judicial records,” with a “good cause” standard applying otherwise. Id. at 1098. Parties seeking to seal filings in this district must also follow basic rules, Civil L.R. 79-5. Plaintiffs filed several exhibits with their opposition to Meta’s motion for summary judgment. Meta moves to seal either parts of or entire exhibits that were attached to plaintiffs’ opposition brief. Meta also moves to seal portions of plaintiffs’ brief itself. This order rules as follows: Sealed Dkt. No. Document/ Result Reasoning Exhibit (Pub. Dkt. No.)

Dkt. No. 250-3 Exh. A-1 Entirety, Meta argues that this DENIED. exhibit should remain (Dkt. No. 239-1) under seal because it is irrelevant to the ultimate issue of the action. While this may be true, Meta still has not met the lesser standard of good cause. Ctr. for Auto Safety, 809 F.3d at 1097. Dkt. No. 250-4 Exh. A-2 Entirety, This information is DENIED. readily available in the (Dkt. No. 239-2) public record and does not warrant sealing. Dkt. No. 250-5 Exh. A-3 GRANTED Names and email IN PART addresses belong to (Dkt. No. 239-3) AND individuals who are not DENIED IN named in this suit and PART. thus warrants sealing. The content of the email, however, should not be sealed. Nor has Meta demonstrated otherwise. Dkt. No. 250-6 Exh. A-4 GRANTED See entry for Exh. A-3. (Dkt. No. 239-4) AND PART. Dkt. No. 250-7 Exh. A-5 GRANTED See entry for Exh. A-3. IN PART (Dkt. No. 239-5) AND PART. Dkt. No. 250-8 Exh. A-6 Entirety, Meta has not DENIED. demonstrated why this (Dkt. No. 239-6) exhibit warrants sealing. “The judge need not document compelling reasons to unseal; rather the proponent of sealing bears the burden with respect to sealing.” Kamakana, 447 F.3d at Dkt. No. 250-9 Exh. A-7 GRANTED Names should remain IN PART sealed. The remainder of (Dkt. No. 239-7). AND the exhibit should not be DENIED IN sealed. Dkt. No. 250-10 Exh. A-8 Entirety, Meta has not DENIED. demonstrated why this (Dkt. No. 239-8). exhibit warrants sealing. “The judge need not document compelling reasons to unseal; rather the proponent of sealing bears the burden with respect to sealing.” Kamakana, 447 F.3d at 1182. Dkt. No. 250-11 Exh. A-9 Entirety, See entry for Exh. A-8. DENIED. (Dkt. No. 239-9)

Dkt. No. 250-12 Exh. A-10 GRANTED Names should remain IN PART sealed. The remainder of (Dkt. No. 239-10) AND the exhibit should not be DENIED IN sealed. PART. Dkt. No. 250-13 Exh. A-11 GRANTED Names should remain IN PART sealed. The remainder of (Dkt. No. 239-11) AND the exhibit should not be DENIED IN sealed. PART. Dkt. No. 250- 14 Exh. A-12 Entirety, See entry for Exh. A-8. DENIED. (Dkt. No. 239-12)

Dkt. No. 250- 15 Exh. A-13 Entirety, See entry for Exh. A-8. (Dkt. No. 239-13) Dkt. No. 250-16 Exh. A-14 Entirety, See entry for Exh. A-8. DENIED. (Dkt. No. 239-14)

Dkt. No. 250-17 Exh. A-15 GRANTED Names and email IN PART addresses belong to (Dkt. No. 239-15) AND individuals who are not DENIED IN named in this suit and The content of the email and messages, however, should not be sealed. Nor has Meta demonstrated otherwise. Dkt. No. 250-18 Exh. A-16 Entirety, Meta has not DENIED. demonstrated why this (Dkt. No. 239-16) exhibit warrants sealing. “The judge need not document compelling reasons to unseal; rather the proponent of sealing bears the burden with respect to sealing.” Kamakana, 447 F.3d at 1182. Dkt. No. 250-19 Exh. A-17 GRANTED Names should remain IN PART sealed. The remainder of (Dkt. No. 239-17) AND the exhibit should not be DENIED IN sealed. PART. Dkt. No. 250-20 Exh. A-18 Entirety, See entry for A-16. DENIED. (Dkt. No. 239-18)

Dkt. No. 250-21 Exh. A-19 GRANTED Names should remain IN PART sealed. The remainder of (Dkt. No. 239-19) AND the exhibit should not be DENIED IN sealed. PART. Dkt. No. 250-22 Exh. A-20 GRANTED Names should remain IN PART sealed. The remainder of (Dkt. No. 239-20) AND the exhibit should not be DENIED IN sealed. PART. Dkt. No. 250-23 Exh. A-21 GRANTED Names should remain IN PART sealed. The remainder of (Dkt. No. 239-21) AND the exhibit should not be DENIED IN sealed. PART. Dkt. No. 250-24 Exh. A-22 GRANTED Names should remain IN PART sealed. The remainder of (Dkt. No. 239-22) AND the exhibit should not be DENIED IN sealed. Dkt. No. 250-25 Exh. A-26 Entirety, See entry for A-16. DENIED. Dkt. No. 250-26 Exh. A-27 GRANTED Names should remain IN PART sealed. The remainder of (Dkt. No. 239-27) AND the exhibit should not be DENIED IN sealed. PART. Dkt. No. 250-27 Exh. A-28 GRANTED Names should remain IN PART sealed. The remainder of (Dkt. No. 239-28) AND the exhibit should not be DENIED IN sealed. PART. Dkt. No. 250-28 Exh. A-29 Entirety, Meta has not DENIED. demonstrated why this (Dkt. No. 239-29) exhibit warrants sealing. “The judge need not document compelling reasons to unseal; rather the proponent of sealing bears the burden with respect to sealing.” Kamakana, 447 F.3d at 1182. Dkt. No. 250-29 Exh. A-30 Entirety, See entry for Exh. A-29. (Dkt. No. 239-30) Dkt. No. 250-30 Exh. A-31 GRANTED Names should remain IN PART sealed. The remainder of (Dkt. No. 239-31) AND the exhibit should not be DENIED IN sealed. Dkt. No. 250-31 Exh. A-32 Entirety, See entry for Exh. A-29. (Dkt. No. 239-32)

Dkt. No. 250-32 Exh. A-33 Entirety, See entry for Exh. A-29. DENIED. (Dkt. No. 239-33)

Dkt. No. 250-33 Exh. A-34 GRANTED Names should remain IN PART sealed. The remainder of (Dkt. No. 239-34) AND the exhibit should not be DENIED IN sealed. PART. Dkt. No. 250-34 Exh. A-35 Entirety, See entry for Exh. A-29. DENIED. (Dkt. No. 239-35) Dkt. No. 250-35 Exh. A-40 Entirety, Meta has not DENIED. demonstrated why this (Dkt. No. 239-40) exhibit warrants sealing. “The judge need not document compelling reasons to unseal; rather the proponent of sealing bears the burden with respect to sealing.” Kamakana, 447 F.3d at 1182. Dkt. No. 250-36 Exh. A-41 Entirety, See entry for Exh. A-40. (Dkt. No. 239-41)

Dkt. No. 250-37 Exh. A-42 Entirety, See entry for Exh. A-40. DENIED. (Dkt. No. 239-42)

Dkt. No. 250-38 Exh. A-49 GRANTED Names should remain IN PART sealed. The remainder of (Dkt. No. 240-7) AND the exhibit should not be DENIED IN sealed. PART. Dkt. No. 250-39 Exh. A-50 GRANTED Names should remain IN PART sealed. The remainder of (Dkt. No. 240-8) AND the exhibit should not be DENIED IN sealed. PART. Dkt. No. 240-40 Exh. A-51 GRANTED Names should remain IN PART sealed. The remainder of (Dkt. No. 240-9) AND the exhibit should not be DENIED IN sealed. PART. Dkt. No. 250-41 Exh. A-52 GRANTED Names should remain IN PART sealed. The remainder of (Dkt. No. 240-10) AND the exhibit should not be DENIED IN sealed. PART. Dkt. No. Exhibit Page and Result

(Pub. Dkt. No.)

Dkt. No. 254-9 Exh. A-60 Page 123 • Lines 4-11: DENIED. The (Dkt. No. 241-5) Dawn Dangaard highlighted text speaks to one Dep. Tr. of plaintiff’s main arguments, (Mar. 20, 2024) and Meta has not met its burden to justify sealing.

Page 146 • Lines 24-25: DENIED. Meta has not met its burden to justify sealing.

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