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N.D. Cal.Procedural orderFiled Apr. 5, 2021

Calhoun v. Google LLC

Judge
Yvonne Rogers
Docket
4:20-cv-05146
Court
U.S. District Court · Northern District of California
Pages
2
DiscoveryCivil Procedure
In one sentence

In Calhoun v. Google LLC, Judge Van Keulen granted Google’s motion to seal specified portions of a discovery letter brief about technical data-log information.

Who this affects

Google and members of the public seeking access to the identified portions of the court filing.

What happened

In Calhoun v. Google LLC, Google asked the court to seal portions of a joint discovery letter brief concerning Google’s motion for a protective order.

The court applied the lower “good cause” standard because the information was submitted in connection with a discovery-related motion rather than a motion addressing the case’s merits. The court noted that its conclusion could differ under another standard or in another context.

Judge Van Keulen granted the request for the identified redacted portions. The court found that the redactions were narrowly tailored to protect confidential technical information about Google’s data logs, including their type, contents, number, size, sampling method, and analysis service.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Calhoun v. Google LLC · No. 4:20-cv-05146
Judge
Yvonne Rogers
Date
Apr. 5, 2021

Background

Google filed an administrative motion to seal portions of the parties’ April 1, 2021 joint discovery letter brief. The brief concerned a dispute about Google’s motion for a protective order.

Legal Standard

Court records are generally presumed to be open to public inspection. The court explained that the standard for sealing depends on how the records are being used. The stricter “compelling reasons” standard applies to records connected more than tangentially to the underlying claims. The lower “good cause” standard under Federal Rule of Civil Procedure 26(c) applies to records that are not related, or are only tangentially related, to the merits.

The court held that the good-cause standard applied because the requested sealing concerned information submitted with a discovery-related motion. It also noted that a different standard or context could produce a different result.

Ruling

The court granted Google’s motion as to the redacted portions of the joint letter brief at pages 3:8–9, 4:20–22, 4:27–28, 5:23–25, 7:7–8, 7:14, 7:16–19, 7:23–24, 7:27–28, and 8:1–2. It found the redactions narrowly tailored to protect confidential technical information regarding various types of data logs maintained by Google, including the logs’ type, contents, number, size, sampling method, and analysis service.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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