Robert Heath v. Google Inc.
Filing
152
ORDER GRANTING 150 PLAINTIFF'S ADMINISTRATIVE MOTION TO SEAL. Signed by Judge Beth Labson Freeman on 4/18/2017. (blflc2S, COURT STAFF) (Filed on 4/18/2017)
1
2
3
UNITED STATES DISTRICT COURT
4
NORTHERN DISTRICT OF CALIFORNIA
5
SAN JOSE DIVISION
6
7
ROBERT HEATH, ET AL.,
Plaintiffs,
8
GOOGLE INC.,
[Re: ECF 150]
Defendant.
11
United States District Court
Northern District of California
ORDER GRANTING PLAINTIFF'S
ADMINISTRATIVE MOTION TO SEAL
v.
9
10
Case No. 15-cv-01824-BLF
12
Before the Court is Plaintiff Cheryl Fillekes’ administrative motion to file under seal the
13
14
opt-in plaintiff’s Consent to Join Forms. Mot., ECF 150. For the reasons stated below, the motion
15
is GRANTED.
16
17
I.
LEGAL STANDARD
“Historically, courts have recognized a ‘general right to inspect and copy public records
18
and documents, including judicial records and documents.’” Kamakana v. City & Cty. of
19
Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435
20
U.S. 589, 597 & n. 7 (1978)). Accordingly, when considering a sealing request, “a ‘strong
21
presumption in favor of access’ is the starting point.” Id. (quoting Foltz v. State Farm Mut. Auto.
22
Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). Parties seeking to seal judicial records relating to
23
motions that are “more than tangentially related to the underlying cause of action” bear the burden
24
of overcoming the presumption with “compelling reasons” that outweigh the general history of
25
access and the public policies favoring disclosure. Ctr. for Auto Safety v. Chrysler Grp., 809 F.3d
26
1092, 1099 (9th Cir. 2016); Kamakana, 447 F.3d at 1178–79.
27
However, “while protecting the public’s interest in access to the courts, we must remain
28
mindful of the parties’ right to access those same courts upon terms which will not unduly harm
1
their competitive interest.” Apple Inc. v. Samsung Elecs. Co., Ltd., 727 F.3d 1214, 1228–29 (Fed.
2
Cir. 2013). Records attached to motions that are “not related, or only tangentially related, to the
3
merits of a case” therefore are not subject to the strong presumption of access. Ctr. for Auto
4
Safety, 809 F.3d at 1099; see also Kamakana, 447 F.3d at 1179 (“[T]he public has less of a need
5
for access to court records attached only to non-dispositive motions because those documents are
6
often unrelated, or only tangentially related, to the underlying cause of action.”). Parties moving
7
to seal the documents attached to such motions must meet the lower “good cause” standard of
8
Rule 26(c). Kamakana, 447 F.3d at 1179 (internal quotations and citations omitted). This
9
standard requires a “particularized showing,” id., that “specific prejudice or harm will result” if the
information is disclosed. Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206,
11
United States District Court
Northern District of California
10
1210–11 (9th Cir. 2002); see Fed. R. Civ. P. 26(c).
12
In addition to making particularized showings of good cause, parties moving to seal
13
documents must comply with the procedures established by Civ. L.R. 79-5. Pursuant to Civ. L.R.
14
79-5(b), a sealing order is appropriate only upon a request that establishes the document is
15
“sealable,” or “privileged or protectable as a trade secret or otherwise entitled to protection under
16
the law.” “The request must be narrowly tailored to seek sealing only of sealable material, and
17
must conform with Civil L.R. 79-5(d).” Civ. L.R. 79-5(b). In part, Civ. L.R. 79-5(d) requires the
18
submitting party to attach a “proposed order that is narrowly tailored to seal only the sealable
19
material” which “lists in table format each document or portion thereof that is sought to be
20
sealed,” Civ. L.R. 79-5(d)(1)(b), and an “unredacted version of the document” that indicates “by
21
highlighting or other clear method, the portions of the document that have been omitted from the
22
redacted version.” Civ. L.R. 79-5(d)(1)(d). “Within 4 days of the filing of the Administrative
23
Motion to File Under Seal, the Designating Party must file a declaration as required by subsection
24
79-5(d)(1)(A) establishing that all of the designated material is sealable.” Civ. L.R. 79-5(e)(1).
25
26
II.
DISCUSSION
Here, Fillekes seeks to file the putative class members’ opt-in consent forms under seal.
27
These consent forms contain personal information concerning Google’s applicants, including
28
individuals’ names, dates of birth, home addresses, and contact information. Mot. 2; Kotchen
2
1
2
Decl. ¶ 2, ECF 150-1.
The standard under which this sealing motion is resolved is irrelevant, as the Ninth Circuit
3
has found that compelling reasons exist to protect an individual’s privacy interest and to prevent
4
exposure to or harm or identity theft. Nursing Home Pension Fund v. Oracle Corp., C01-00988,
5
2007 WL 3232267, at *2 (N.D. Cal. Nov. 1, 2007) (citing Foltz, 331 F.3d at 1134). Accordingly,
6
the Court finds the protection of the putative class members’ private information to constitute both
7
good cause and a compelling reason to seal, and thus GRANTS Plaintiff’s motion to seal.
8
IT IS SO ORDERED.
9
10
United States District Court
Northern District of California
11
12
Dated: April 18, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?