ASIF KUMANDAN, et al., Case No. 19-cv-04286-BLF
Plaintiffs, ORDER GRANTING IN PART AND v. DENYING IN PART GOOGLE’S ADMINISTRATIVE MOTION TO FILE GOOGLE LLC, et al., UNDER SEAL PORTIONS OF ITS OPPOSITION TO PLAINTIFFS’ Defendants. MOTION FOR CLASS CERTIFICATION AND SUPPORTING DECLARATIONS AND EXHIBITS [Re: ECF No. 271]
Before the Court is Defendants Google LLC and Alphabet Inc.’s (collectively “Google”) administrative motion to file under seal portions of Defendants’ Opposition to Plaintiffs’ Motion for Class Certification (“Opposition”) and supporting declarations and exhibits. See ECF No. 271. The Court has considered the motion and supporting declaration. For the following reasons, the motion is GRANTED IN PART AND DENIED IN PART. “Historically, courts have recognized a ‘general right to inspect and copy public records and documents, including judicial records and documents.’” Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597 & n.7 (1978)). Consequently, access to motions and their attachments that are “more than tangentially related to the merits of a case” may be sealed only upon a showing of “compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101–102 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed In addition, in this district, all parties requesting sealing must comply with Civil Local Rule 79-5. That rule requires that the moving party to provide “the reasons for keeping a document under seal, including an explanation of: (i) the legitimate private or public interests that warrant sealing; (ii) the injury that will result if sealing is denied; and (iii) why a less restrictive alternative to sealing is not sufficient.” Civ. L.R. 79-5(c)(1)(i). The rule also requires the moving party to provide “evidentiary support from declarations where necessary.” Civ. L.R. 79-5(c)(1)(ii). This Court previously determined “that the compelling reasons standard applies to motions to seal documents relating to class certification.” Adtrader, Inc. v. Google LLC, No. 17-CV- 07082-BLF, 2020 WL 6391210, at *2 (N.D. Cal. Mar. 24, 2020). Google contends that the information it seeks to seal includes confidential and highly sensitive proprietary and commercial information about (1) the operation of Google Assistant; (2) competitively sensitive business opportunities and risks; and (3) details of Google’s understanding of the profits or losses associated with Google Assistant. See Beaufays Decl. 12, ECF 95-1. Google seeks to file this information under seal because public disclosure would result in significant competitive harm to Google by giving third parties, including other companies who make similar technology, insight into confidential and sensitive aspects of Google’s development of Google Assistant and the financial implications of that development. Id. Plaintiffs do not oppose Google’s request. The Court finds that Google has met the “compelling reasons” standard for sealing technical information about the operation of Google Assistant and financial information concerning Google’s business opportunities and risks and profits and losses because release of the information would threaten Google’s competitive interests. See In re Elec. Arts, Inc., 298 F. App’x 568, 569 (9th Cir. 2008) (ordering sealing where documents could be used “‘as sources of business information that might harm a litigant’s competitive standing’”) (quoting Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 598 (1978)); see also In re Koninklijke Philips Pat. Litig., to seal information concerning “technical product operation”); In re Qualcomm Litig., No. 3:17- CV-0108-GPC-MDD, 2017 WL 5176922, at *2 (S.D. Cal. Nov. 8, 2017). Review of the information Google seeks to seal reveals that some of it does not appear to be competitively sensitive. The Court therefore fines that Google has not met the compelling reasons standard for sealing this information. The Court rules as follows on the documents Google seeks to have sealed: Exhibit No. & Document Portions to Seal Ruling ECF No. Exhibit AA Defendants’ Opposition Highlighted portions of GRANTED, as top Google’s to Plaintiffs’ Motion for the document containing confidential Administrative Class Certification and highly sensitive Motion to File proprietary and Under Seal commercial information about (1) the operation ECF No. of Google Assistant; (2) 271-2 business opportunities and risks; and (3) details of Google’s understanding of the profits or losses associated with Google Assistant. Exhibit AB to Ex. B to the Declaration Document DENIED as overbroad, Google’s of Sunita Bali in Support as Google has not Administrative of Defendants’ narrowly tailored its Motion to File Opposition to Plaintiffs’ sealing request to Under Seal Motion for Class competitively sensitive Certification or otherwise sealable ECF No. information. 271-3 (Summary Chart) Exhibit AC to Ex. 1 to the Declaration Document GRANTED, as Google’s of Sunita Bali in Support containing confidential Administrative of Defendants’ and highly sensitive Motion to File Opposition to Plaintiffs’ proprietary and Under Seal Motion for Class commercial information Certification about the operation of ECF No. Google Assistant. 271-4 (GOOG-ASST- 03026959) Exhibit AD to Ex. 2 to the Declaration Document GRANTED, as Google’s of Sunita Bali in Support containing confidential Motion to File Opposition to Plaintiffs’ proprietary and Under Seal Motion for Class commercial information Certification about the operation of ECF No. Google Assistant. 271-5 (GOOG-ASST- 03026660) Exhibit AE to Ex. 3 to the Declaration Document GRANTED, as Google’s of Sunita Bali in Support containing confidential Administrative of Defendants’ and highly sensitive Motion to File Opposition to Plaintiffs’ proprietary and Under Seal Motion for Class commercial information Certification about the operation of Google Assistant. ECF No. (GOOG-ASST- 271-6 03029199) Exhibit AF to Ex. 4 to the Declaration Document GRANTED, as Google’s of Sunita Bali in Support containing confidential Administrative of Defendants’ and highly sensitive Motion to File Opposition to Plaintiffs’ proprietary and Under Seal Motion for Class commercial information Certification about the operation of ECF No. Google Assistant. 271-7 (GOOG-ASST- 03034181) Exhibit AG to Ex. 6 to the Declaration Document GRANTED, as Google’s of Sunita Bali in Support containing confidential Administrative of Defendants’ and highly sensitive Motion to File Opposition to Plaintiffs’ proprietary and Under Seal Motion for Class commercial information Certification about the operation of ECF No. Google Assistant. 271-8 (GOOG-ASST- 03047476) Exhibit AH to Ex. 7 to the Declaration Document GRANTED, as Google’s of Sunita Bali in Support containing confidential Administrative of Defendants’ and highly sensitive Motion to File Opposition to Plaintiffs’ proprietary and Under Seal Motion for Class commercial information Certification about the operation of ECF No. Google Assistant. 271-9 (GOOG-ASST- 03047477) Exhibit AI to Ex. 8 to the Declaration Document GRANTED, as Google’s of Sunita Bali in Support containing confidential Administrative of Defendants’ and highly sensitive Motion to File Opposition to Plaintiffs’ proprietary and Under Seal Motion for Class commercial information ECF No. Google Assistant. 271-10 (GOOG-ASST- 03047471) Exhibit AJ to Ex. 9 to the Declaration Document GRANTED, as Google’s of Sunita Bali in Support containing confidential Administrative of Defendants’ and highly sensitive Motion to File Opposition to Plaintiff
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ASIF KUMANDAN, et al., Case No. 19-cv-04286-BLF
Plaintiffs, ORDER GRANTING IN PART AND v. DENYING IN PART GOOGLE’S ADMINISTRATIVE MOTION TO FILE GOOGLE LLC, et al., UNDER SEAL PORTIONS OF ITS OPPOSITION TO PLAINTIFFS’ Defendants. MOTION FOR CLASS CERTIFICATION AND SUPPORTING DECLARATIONS AND EXHIBITS [Re: ECF No. 271]
Before the Court is Defendants Google LLC and Alphabet Inc.’s (collectively “Google”) administrative motion to file under seal portions of Defendants’ Opposition to Plaintiffs’ Motion for Class Certification (“Opposition”) and supporting declarations and exhibits. See ECF No. 271. The Court has considered the motion and supporting declaration. For the following reasons, the motion is GRANTED IN PART AND DENIED IN PART. “Historically, courts have recognized a ‘general right to inspect and copy public records and documents, including judicial records and documents.’” Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597 & n.7 (1978)). Consequently, access to motions and their attachments that are “more than tangentially related to the merits of a case” may be sealed only upon a showing of “compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101–102 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed In addition, in this district, all parties requesting sealing must comply with Civil Local Rule 79-5. That rule requires that the moving party to provide “the reasons for keeping a document under seal, including an explanation of: (i) the legitimate private or public interests that warrant sealing; (ii) the injury that will result if sealing is denied; and (iii) why a less restrictive alternative to sealing is not sufficient.” Civ. L.R. 79-5(c)(1)(i). The rule also requires the moving party to provide “evidentiary support from declarations where necessary.” Civ. L.R. 79-5(c)(1)(ii). This Court previously determined “that the compelling reasons standard applies to motions to seal documents relating to class certification.” Adtrader, Inc. v. Google LLC, No. 17-CV- 07082-BLF, 2020 WL 6391210, at *2 (N.D. Cal. Mar. 24, 2020). Google contends that the information it seeks to seal includes confidential and highly sensitive proprietary and commercial information about (1) the operation of Google Assistant; (2) competitively sensitive business opportunities and risks; and (3) details of Google’s understanding of the profits or losses associated with Google Assistant. See Beaufays Decl. 12, ECF 95-1. Google seeks to file this information under seal because public disclosure would result in significant competitive harm to Google by giving third parties, including other companies who make similar technology, insight into confidential and sensitive aspects of Google’s development of Google Assistant and the financial implications of that development. Id. Plaintiffs do not oppose Google’s request. The Court finds that Google has met the “compelling reasons” standard for sealing technical information about the operation of Google Assistant and financial information concerning Google’s business opportunities and risks and profits and losses because release of the information would threaten Google’s competitive interests. See In re Elec. Arts, Inc., 298 F. App’x 568, 569 (9th Cir. 2008) (ordering sealing where documents could be used “‘as sources of business information that might harm a litigant’s competitive standing’”) (quoting Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 598 (1978)); see also In re Koninklijke Philips Pat. Litig., to seal information concerning “technical product operation”); In re Qualcomm Litig., No. 3:17- CV-0108-GPC-MDD, 2017 WL 5176922, at *2 (S.D. Cal. Nov. 8, 2017). Review of the information Google seeks to seal reveals that some of it does not appear to be competitively sensitive. The Court therefore fines that Google has not met the compelling reasons standard for sealing this information. The Court rules as follows on the documents Google seeks to have sealed: Exhibit No. & Document Portions to Seal Ruling ECF No. Exhibit AA Defendants’ Opposition Highlighted portions of GRANTED, as top Google’s to Plaintiffs’ Motion for the document containing confidential Administrative Class Certification and highly sensitive Motion to File proprietary and Under Seal commercial information about (1) the operation ECF No. of Google Assistant; (2) 271-2 business opportunities and risks; and (3) details of Google’s understanding of the profits or losses associated with Google Assistant. Exhibit AB to Ex. B to the Declaration Document DENIED as overbroad, Google’s of Sunita Bali in Support as Google has not Administrative of Defendants’ narrowly tailored its Motion to File Opposition to Plaintiffs’ sealing request to Under Seal Motion for Class competitively sensitive Certification or otherwise sealable ECF No. information. 271-3 (Summary Chart) Exhibit AC to Ex. 1 to the Declaration Document GRANTED, as Google’s of Sunita Bali in Support containing confidential Administrative of Defendants’ and highly sensitive Motion to File Opposition to Plaintiffs’ proprietary and Under Seal Motion for Class commercial information Certification about the operation of ECF No. Google Assistant. 271-4 (GOOG-ASST- 03026959) Exhibit AD to Ex. 2 to the Declaration Document GRANTED, as Google’s of Sunita Bali in Support containing confidential Motion to File Opposition to Plaintiffs’ proprietary and Under Seal Motion for Class commercial information Certification about the operation of ECF No. Google Assistant. 271-5 (GOOG-ASST- 03026660) Exhibit AE to Ex. 3 to the Declaration Document GRANTED, as Google’s of Sunita Bali in Support containing confidential Administrative of Defendants’ and highly sensitive Motion to File Opposition to Plaintiffs’ proprietary and Under Seal Motion for Class commercial information Certification about the operation of Google Assistant. ECF No. (GOOG-ASST- 271-6 03029199) Exhibit AF to Ex. 4 to the Declaration Document GRANTED, as Google’s of Sunita Bali in Support containing confidential Administrative of Defendants’ and highly sensitive Motion to File Opposition to Plaintiffs’ proprietary and Under Seal Motion for Class commercial information Certification about the operation of ECF No. Google Assistant. 271-7 (GOOG-ASST- 03034181) Exhibit AG to Ex. 6 to the Declaration Document GRANTED, as Google’s of Sunita Bali in Support containing confidential Administrative of Defendants’ and highly sensitive Motion to File Opposition to Plaintiffs’ proprietary and Under Seal Motion for Class commercial information Certification about the operation of ECF No. Google Assistant. 271-8 (GOOG-ASST- 03047476) Exhibit AH to Ex. 7 to the Declaration Document GRANTED, as Google’s of Sunita Bali in Support containing confidential Administrative of Defendants’ and highly sensitive Motion to File Opposition to Plaintiffs’ proprietary and Under Seal Motion for Class commercial information Certification about the operation of ECF No. Google Assistant. 271-9 (GOOG-ASST- 03047477) Exhibit AI to Ex. 8 to the Declaration Document GRANTED, as Google’s of Sunita Bali in Support containing confidential Administrative of Defendants’ and highly sensitive Motion to File Opposition to Plaintiffs’ proprietary and Under Seal Motion for Class commercial information ECF No. Google Assistant. 271-10 (GOOG-ASST- 03047471) Exhibit AJ to Ex. 9 to the Declaration Document GRANTED, as Google’s of Sunita Bali in Support containing confidential Administrative of Defendants’ and highly sensitive Motion to File Opposition to Plaintiffs’ proprietary and Under Seal Motion for Class commercial information Certification about the operation of ECF No. Google Assistant. 271-11 (GOOG-ASST- 03047475) Exhibit AK to Ex. 10 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about the operation of ECF No. Google Assistant. 271-12 (GOOG-ASST- 03047478) Exhibit AL to Ex. 11 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about the operation of ECF No. Google Assistant. 271-13 (GOOG-ASST- 03047468) Exhibit AM to Ex. 12 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about the operation of ECF No. Google Assistant. 271-14 (GOOG-ASST- 03047474) Exhibit AN to Ex. 13 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about the operation of ECF No. Google Assistant. 271-15 (GOOG-ASST- Exhibit AO to Ex. 14 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about the operation of ECF No. Google Assistant. 271-16 (GOOG-ASST- 03029234) Exhibit AP to Ex. 15 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about the operation of ECF No. Google Assistant. 271-17 (GOOG-ASST- 03037402) Exhibit AQ to Ex. 16 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about the operation of ECF No. Google Assistant. 271-18 (GOOG-ASST- 03034224) Exhibit AR to Ex. 17 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about the operation of ECF No. Google Assistant. 271-19 (GOOG-ASST- 03034251) Exhibit AS to Ex. 20 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about business ECF No. opportunities and risks; 271-20 (GOOG-ASST- and details of Google’s 03045688) understanding of the profits or losses associated with Google Exhibit AT to Ex. 21 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about business ECF No. opportunities and risks; 271-21 (GOOG-ASST- and details of Google’s 03045664) understanding of the profits or losses associated with Google Assistant. Exhibit AU to Ex. 22 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about business ECF No. opportunities and risks; 271-22 (GOOG-ASST- and details of Google’s 03045605) understanding of the profits or losses associated with Google Assistant. Exhibit AV to Ex. 23 to the Blue highlighted GRANTED, as Google’s Declaration of Sunita portions of document containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about (1) business ECF No. opportunities and risks; 271-23 (Portions of Defendants’ and (2) details of Supplemental Responses Google’s understanding to Plaintiffs’ of the profits or losses Interrogatories) associated with Google Assistant. Exhibit AW to Ex. 53 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about the operation of ECF No. Google Assistant. 271-24 (GOOG-ASST- 00001318) Exhibit AX to Ex. 54 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about (1) the operation ECF No. of Google Assistant and 271-25 (GOOG-ASST- (2) business 00025975) opportunities and risks. Exhibit AY to Ex. 55 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about (1) the operation ECF No. of Google Assistant and 271-26 (GOOG-ASST- (2) business 00034266) opportunities and risks. Exhibit AZ to Ex. 56 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about (1) the operation ECF No. of Google Assistant and 271-27 (GOOG-ASST- (2) business 00213485) opportunities and risks. Exhibit BA to Ex. 57 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about business ECF No. opportunities and risks. 271-28 (GOOG-ASST- 00218676) Exhibit BB to Ex. 58 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about business ECF No. opportunities and risks. 271-29 (GOOG-ASST- 00239676) Exhibit BC to Ex. 59 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information ECF No. Google Assistant 271-30 (GOOG-ASST- 00250310) Exhibit BD to Ex. 60 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about (1) the operation ECF No. of Google Assistant and 271-31 (GOOG-ASST- (2) business 03041034) opportunities and risks. Exhibit BE to Ex. 61 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about (1) the operation ECF No. of Google Assistant and 271-32 (GOOG-ASST- (2) business 03047418) opportunities and risks. Exhibit BF to Ex. 62 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about the operation of ECF No. Google Assistant. 271-33 (GOOG-ASST- 03047490) Exhibit BG to Ex. 66 to the Document DENIED as overbroad, Google’s Declaration of Sunita as Google has not Administrative Bali in Support of narrowly tailored its Motion to File Defendants’ Opposition sealing request to Under Seal to Plaintiffs’ Motion for competitively sensitive Class Certification or otherwise sealable ECF No. information. 271-34 (Excerpts from the deposition of Francoise Beaufays taken on April 12, 2022) Exhibit BH to Ex. 67 to the Document DENIED as overbroad, Google’s Declaration of Sunita as Google has not Administrative Bali in Support of narrowly tailored its Motion to File Defendants’ Opposition sealing request to Under Seal to Plaintiffs’ Motion for competitively sensitive Class Certification or otherwise sealable 271-35 (Excerpts from the deposition of Francoise Beaufays taken on April 22, 2022) Exhibit BI to Ex. 68 to the Document DENIED as overbroad, Google’s Declaration of Sunita as Google has not Administrative Bali in Support of narrowly tailored its Motion to File Defendants’ Opposition sealing request to Under Seal to Plaintiffs’ Motion for competitively sensitive Class Certification or otherwise sealable ECF No. information. 271-36 (Excerpts from the deposition of Yair Cohen taken on July 15, 2022) Exhibit BJ to Ex. 69 to the Document DENIED as overbroad, Google’s Declaration of Sunita as Google has not Administrative Bali in Support of narrowly tailored its Motion to File Defendants’ Opposition sealing request to Under Seal to Plaintiffs’ Motion for competitively sensitive Class Certification or otherwise sealable ECF No. information. 271-37 (Excerpts from the deposition of Alex Gruenstein taken on May 24, 2022) Exhibit BK to Ex. 70 to the Document DENIED as overbroad, Google’s Declaration of Sunita as Google has not Administrative Bali in Support of narrowly tailored its Motion to File Defendants’ Opposition sealing request to Under Seal to Plaintiffs’ Motion for competitively sensitive Class Certification or otherwise sealable ECF No. information. 271-38 (Excerpts from the deposition of Hailey Crowel taken on July 21, 2022) Exhibit BL to Ex. 71 to the Document DENIED as overbroad, Google’s Declaration of Sunita as Google has not Administrative Bali in Support of narrowly tailored its Motion to File Defendants’ Opposition sealing request to Under Seal to Plaintiffs’ Motion for competitively sensitive Class Certification or otherwise sealable ECF No. information. 271-39 (Excerpts from the deposition of Hailey Crowel taken on August Exhibit BM to Ex. 72 to the Document DENIED as overbroad, Google’s Declaration of Sunita as Google has not Administrative Bali in Support of narrowly tailored its Motion to File Defendants’ Opposition sealing request to Under Seal to Plaintiffs’ Motion for competitively sensitive Class Certification or otherwise sealable ECF No. information. 271-40 (Excerpts from the deposition of Bryan Horling taken on June 13, 2022) Exhibit BN to Ex. 73 to the Document DENIED as overbroad, Google’s Declaration of Sunita as Google has not Administrative Bali in Support of narrowly tailored its Motion to File Defendants’ Opposition sealing request to Under Seal to Plaintiffs’ Motion for competitively sensitive Class Certification or otherwise sealable ECF No. information. 271-41 (Excerpts from the deposition of Caroline Kenny taken on April 14, 2022) Exhibit BO to Ex. 74 to the Document DENIED as overbroad, Google’s Declaration of Sunita as Google has not Administrative Bali in Support of narrowly tailored its Motion to File Defendants’ Opposition sealing request to Under Seal to Plaintiffs’ Motion for competitively sensitive Class Certification or otherwise sealable ECF No. information. 271-42 (Excerpts from the deposition of Ashwin Sunder taken on May 13, 2022) Exhibit BP to Ex. 75 to the Document DENIED as overbroad, Google’s Declaration of Sunita as Google has not Administrative Bali in Support of narrowly tailored its Motion to File Defendants’ Opposition sealing request to Under Seal to Plaintiffs’ Motion for competitively sensitive Class Certification or otherwise sealable ECF No. information. 271-43 (Excerpts from the deposition of Terry Tai taken on June 22, 2022) Exhibit BQ to Ex. 82 to the Blue highlighted GRANTED, as Google’s Declaration of Sunita portions of document containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Class Certification about (1) business ECF No. opportunities and risks; 271-44 (Expert Report of Rene and (2) details of Befurt, PhD) Google’s understanding of the profits or losses associated with Google Assistant. Exhibit BR to Ex. 83 to the Document GRANTED, as Google’s Declaration of Sunita containing confidential Administrative Bali in Support of and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about (1) business ECF No. opportunities and risks; 271-45 (Exhibits to the Expert and (2) details of Report of Rene Befurt, Google’s understanding PhD) of the profits or losses associated with Google Assistant. Exhibit BS to Ex. 85 to the Blue highlighted GRANTED, as Google’s Declaration of Sunita portions of the containing confidential Administrative Bali in Support of document and highly sensitive Motion to File Defendants’ Opposition proprietary and Under Seal to Plaintiffs’ Motion for commercial information Class Certification about (1) business ECF No. opportunities and risks; 271-46 (Expert Report of Jesse and (2) details of David, PhD.) Google’s understanding of the profits or losses associated with Google Assistant. Exhibit BT to Ex. 86 to the Document DENIED as overbroad, Google’s Declaration of Sunita as Google has not Administrative Bali in Support of narrowly tailored its Motion to File Defendants’ Opposition sealing request to Under Seal to Plaintiffs’ Motion for competitively sensitive Class Certification or otherwise sealable ECF No. information. 271-47 (Excerpts from the deposition of Rebecca Reed Arthurs Ph.D. taken on September 7, 2022) Exhibit BU to Ex. 87 to the Document DENIED as overbroad, Google’s Declaration of Sunita as Google has not Administrative Bali in Support of narrowly tailored its Motion to File Defendants’ Opposition sealing request to Class Certification or otherwise sealable ECF No. information. 271-48 (Excerpts from the deposition of Fernando Torres MSc. taken on September 7, 2022) Exhibit BV to Declaration of Francoise Blue highlighted GRANTED, as Google’s Beaufays in Support of portions of document containing confidential Administrative Defendants’ Opposition and highly sensitive Motion to File to Plaintiffs’ Motion for proprietary and Under Seal Class Certification commercial information about (1) the operation ECF No. of Google Assistant and 271-49 (2) business opportunities and risks. Exhibit BW to Declaration of Nino Blue highlighted GRANTED, as Google’s Tasca in Support of portions of document containing confidential Administrative Defendants’ Opposition and highly sensitive Motion to File to Plaintiffs’ Motion for proprietary and Under Seal Class Certification commercial information about (1) the operation ECF No. of Google Assistant and 271-50 (2) business opportunities and risks. Exhibit BX to Declaration of Yair Document GRANTED, as Google’s Cohen in Support of containing confidential Administrative Defendants’ Opposition and highly sensitive Motion to File to Plaintiffs’ Motion for proprietary and Under Seal Class Certification commercial information about the operation of ECF No. Google Assistant. 271-51 Exhibit BY to Declaration of Terry Tai Document GRANTED, as Google’s in Support of containing confidential Administrative Defendants’ Opposition and highly sensitive Motion to File to Plaintiffs’ Motion for proprietary and Under Seal Class Certification commercial information about the operation of ECF No. Google Assistant. 271-52 III. ORDER For the foregoing reasons, IT IS HEREBY ORDERED that Google’s motion is 1 Google’s Administrative Motion to File Under Seal (ECF Nos. 271-23, 271-44, 271-46, 271-49, 2 } 271-50) by October 31, 2022. 3 Exhibit AA to Google’s Administrative Motion to File Under Seal (ECF No. 271-2) is 4 subject to Google’s co-pending Administrative Motion to Consider Whether Other Parties’ 5 Materials Should Be Sealed. See ECF No. 269. Google SHALL file a public redacted version of 6 Exhibit AA within 10 days after the Court issues its order on Google’s co-pending motion, 7 incorporating any additional redactions the Court permits. 8 As to Exhibits AB, BG-BP, BT, and BU to Google’s Administrative Motion to File Under 9 Seal (ECF Nos. 271-3, 271-34 — 271-43, 271-47, 271-48), Google SHALL file a further 10 administrative motion to seal these exhibits with proposed narrowly tailored redactions or file the 11 exhibits to the public docket by October 31, 2022. 12
13 Dated: October 17, 2022 han □□ Ve
BETH LABSON FREEMAN 15 United States District Judge 16
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