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