Calhoun v. Google LLC
- Yvonne Rogers
- 4:20-cv-05146
- U.S. District Court · Northern District of California
- 7
In Calhoun v. Google LLC, Magistrate Judge Van Keulen granted motions to seal specified portions of discovery filings containing Google’s confidential information.
The order affects the parties’ discovery filings and public access to the specified portions. It protects portions of Google’s confidential and proprietary information and also seals specified portions of filings submitted by the plaintiffs.
What happened
In Calhoun v. Google LLC, the parties asked the court to seal portions of filings connected to discovery disputes, including documents about Google’s preservation efforts and related preservation-plan issues.
The court granted each administrative motion as to the specified portions, rather than sealing the filings in full. It applied the lower “good cause” standard because the materials concerned discovery motions, and found that the information included confidential details about Google’s internal systems, projects, logs, data signals, strategies, and business practices. The court said disclosure could affect Google’s competitive position and increase cybersecurity risks.
Magistrate Judge Susan Van Keulen issued the order on August 12, 2022. The order stated that sealing decisions could differ if the documents were submitted under a different standard or in a different context.
The detailed version
- Calhoun v. Google LLC · No. 4:20-cv-05146
- Yvonne Rogers
- Aug. 12, 2022
Background
The court considered administrative motions for permission to file materials under seal in connection with discovery disputes. The motions were Docket Nos. 786, 793, 803, 809, and 812, with related filings at Docket Nos. 820 and 825.
Court records generally carry a strong presumption of public access. The court explained that the standard for sealing depends on how closely the records relate to the merits of the case. Records tied more than tangentially to the underlying claims require “compelling reasons,” while records unrelated or only tangentially related to the merits may be sealed under the lower “good cause” standard in Federal Rule of Civil Procedure 26(c). Parties must also follow Civil Local Rule 79-5.
Ruling
The court held that the good-cause standard applied because the information was submitted with discovery-related motions rather than motions addressing the merits of the case. After reviewing the motions, supporting declarations, and other filings, the court granted the motions as to the specified portions.
For Docket Nos. 786 and 793, the court allowed portions of Google’s filings, a proposed order, and a declaration to be sealed. For Docket No. 803, the court allowed specified portions of the plaintiffs’ response to Google’s motion to be sealed. For Docket No. 809, the court allowed specified portions of the plaintiffs’ motion, a proposed clarifying order, and related materials to be sealed. For Docket No. 812, the court allowed specified portions of Google’s opposition and Exhibit A to be sealed.
The court found that the identified information included confidential and proprietary information about Google’s internal systems and operations, including internal projects, logs, data signals, system designs, strategies, business practices, and proprietary functions. The court stated that the information was not generally known to the public or Google’s competitors, and that disclosure could harm Google’s competitive standing and increase cybersecurity risks. The court cautioned that it might reach different conclusions under a different sealing standard or in a different context.
Judge
Magistrate Judge Susan Van Keulen signed the order, which was dated August 12, 2022.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.