Calhoun v. Google LLC ( 2021 )

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 PATRICK CALHOUN, et al., Case No. 20-cv-05146-LHK (SVK) 4 Plaintiffs, ORDER ON ADMINISTRATIVE 5 v. MOTION TO SEAL 6 GOOGLE LLC, Re: Dkt. No. 382 7 Defendant. 8 Before the Court is Google’s administrative motion to file under seal materials associated 9 with discovery disputes in this case. Dkt. 382. 10 Courts recognize a “general right to inspect and copy public records and documents, 11 including judicial records and documents.” Kamakana v. City & Cnty. Of Honolulu, 447 F.3d 12 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc., 435 U.S. 589, 597 & n.7 13 (1978)). A request to seal court records therefore starts with a “strong presumption in favor of 14 access.” Kamakana, 447 F.3d at 1178 (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 15 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 16 seeking to seal court records relating to motions that are “more than tangentially related to the 17 underlying cause of action” must demonstrate “compelling reasons” that support secrecy. Ctr. For 18 Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016). For records attached to 19 motions that re “not related, or only tangentially related, to the merits of the case,” the lower 20 “good cause” standard of Rule 26(c) applies. Id.; see also Kamakana, 447 F.3d at 1179. A party 21 moving to seal court records must also comply with the procedures established by Civil Local 22 Rule 79-5. 23 Here, the “good cause” standard applies because the information the parties seek to seal 24 was submitted to the Court in connection with discovery-related motions, rather than a motion that 25 concerns the merits of the case. The Court may reach different conclusions regarding sealing 26 these documents under different standards or in a different context. Having considered the motion 27 1 to seal, supporting declarations, and the pleadings on file, and good cause appearing, the Court 2 || ORDERS as follows: Be Sealed Seal 4 ||| Exhibit A to Golueke GRANTED Narrowly tailored to protect Declaration in support of confidential technical information 5 the Special Master regarding sensitive features of Submission Google’s internal systems and 6 operations, including the various 7 types of data sources which include information related to 8 Google’s data logs, internal data structures, internal identifiers and 9 their proprietary functions, that Google maintains as confidential 10 in the ordinary course of its 11 business and is not generally known to the public or Google’s 3s 12 competitors. Exhibit B to Golueke | GRANTED as to Portions Narrowly tailored to protect 13 ||| Declaration in support of | Highlighted in Yellow at: confidential technical information 4 the Special Master regarding sensitive features of Submission Pages 3, 6, 7, 8, 10, 11, 13, 14, | Google’s internal systems and B45 17, 18, 19, 20 operations, including the various types of data sources which a 16 include information related to Google’s data logs, internal data 17 structures, internal identifiers and 8 their proprietary functions, that Google maintains as confidential 19 in the ordinary course of its business and is not generally 20 known to the public or Google’s competitors. 21 Exhibit B to Golueke | GRANTED as to Portions Contains personal information 09 Declaration in support of | Highlighted in Blue at: regarding Plaintiffs. the Special Master 23 Submission Pages 1-20 24 SO ORDERED. 25 Dated: December 7, 2021 27 SUSAN VAN KEULEN United States Magistrate Judge 28