In re Google Assistant Privacy Litigation

Opinion

1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 Case No. 19-cv-04286-BLF (SVK) IN RE GOOGLE ASSISTANT PRIVACY 6 LITIGATION. ORDER ON ADMINISTRATIVE 7 MOTION FOR LEAVE TO FILE UNDER SEAL 8 Re: Dkt. No. 219 9

10 Before the Court is an administrative motion to file under seal materials associated with A 11 discovery dispute in this case. Dkt. 219; see also Dkt. 225. 12 Courts recognize a “general right to inspect and copy public records and documents, 13 including judicial records and documents.” Kamakana v. City & Cnty. Of Honolulu, 447 F.3d 14 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc., 435 U.S. 589, 597 & n.7 15 (1978)). A request to seal court records therefore starts with a “strong presumption in favor of 16 access.” Kamakana, 447 F.3d at 1178 (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 17 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 18 seeking to seal court records relating to motions that are “more than tangentially related to the 19 underlying cause of action” must demonstrate “compelling reasons” that support secrecy. Ctr. For 20 Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016). For records attached to 21 motions that re “not related, or only tangentially related, to the merits of the case,” the lower 22 “good cause” standard of Rule 26(c) applies. Id.; see also Kamakana, 447 F.3d at 1179. A party 23 moving to seal court records must also comply with the procedures established by Civil Local 24 Rule 79-5. 25 Here, the “good cause” standard applies because the information the parties seek to seal 26 was submitted to the Court in connection with a discovery-related motion, rather than a motion 27 1 these documents under different standards or in a different context. Having considered the motion 2 || to seal, supporting declaration, and the pleadings on file, and good cause appearing, the Court 3 || GRANTS the administrative motion for leave to file under seal as follows: 4 Text to be Sealed Basis for Sealing Portion of Document 5 July 15, Highlighted portions Confidential and sensitive proprietary and 6 Discovery Letter | on page | commercial information about the operation of 7 Brief (ECF No. Google Assistant. 219-2) 8 Highlighted portions Confidential and sensitive proprietary and 9 on page 2 commercial information about (1) the operation of Google Assistant; and (2) details of Google’s 10 understanding of the profits or losses associated with Google Assistant. Highlighted portions Confidential and sensitive proprietary and 12 on page 3 commercial information about (1) the operation of Google Assistant; and (2) details of Google’s 13 . . □ understanding of the profits or losses associated 14 with Google Assistant.

15 Highlighted portions Confidential and sensitive proprietary and . . . . on page 4 commercial information about (1) the operation of Q 16 Google Assistant; and (2) details of Google’s 7 understanding of the profits or losses associated with Google Assistant.

a 18 Highlighted portions Confidential and sensitive proprietary and 19 on page 5 commercial information about details of Google’s understanding of the profits or losses associated 20 with Google Assistant. 21 Exhibit A to July | Highlighted portions Confidential and sensitive proprietary and 15, Discovery of Exhibit A, pages 31, | commercial information about details of the 22 Letter Brief 32-33, and 35 operation of Google Assistant. 3 (ECF No. 219-3) 24 SO ORDERED. 5 Dated: July 26, 2022 26 27 Sector val SUSAN VAN KEULEN 28 United States Magistrate Judge