Kumandan et al v. Google LLC et al
Filing
282
ORDER GRANTING IN PART AND DENYING IN PART 223 PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL. Signed by Judge Beth Labson Freeman on 9/16/2022. (blflc3, COURT STAFF) (Filed on 9/16/2022)
Case 5:19-cv-04286-BLF Document 282 Filed 09/16/22 Page 1 of 12
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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ASIF KUMANDAN, et al.,
Plaintiffs,
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GOOGLE LLC, et al.,
Defendants.
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United States District Court
Northern District of California
ORDER GRANTING IN PART AND
DENYING IN PART PLAINTIFFS’
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL
v.
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Case No. 19-cv-04286-BLF
[Re: ECF No. 223]
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Before the Court is Plaintiffs’ administrative motion seeking to seal documents submitted
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with Plaintiffs’ Motion for Class Certification. See ECF No. 223. Defendants Google LLC and
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Alphabet Inc. (together “Google”) submitted a statement in support. See ECF No. 226. Plaintiffs
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did not respond to Defendants’ statement. For the reasons stated below, the motion is GRANTED
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IN PART and DENIED IN PART.
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I.
LEGAL STANDARD
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“Historically, courts have recognized a ‘general right to inspect and copy public records and
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documents, including judicial records and documents.’” Kamakana v. City and Cnty. of Honolulu,
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447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597
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& n.7 (1978)). Consequently, filings that are “more than tangentially related to the merits of a case”
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may be sealed only upon a showing of “compelling reasons” for sealing. Ctr. for Auto Safety v.
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Chrysler Grp., LLC, 809 F.3d 1092, 1101-02 (9th Cir. 2016). Filings that are only tangentially
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related to the merits may be sealed upon a lesser showing of “good cause.” Id. at 1097.
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“Under the compelling reasons standard, a district court must weigh relevant factors, base
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its decision on a compelling reason, and articulate the factual basis for its ruling, without relying on
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hypothesis or conjecture.”
Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 679 (9th Cir.
United States District Court
Northern District of California
Case 5:19-cv-04286-BLF Document 282 Filed 09/16/22 Page 2 of 12
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2010) (internal quotation marks omitted). “In general, compelling reasons sufficient to outweigh
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the public's interest in disclosure and justify sealing court records exist when such court files
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might . . . become a vehicle for improper purposes, such as the use of records to gratify private spite,
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promote public scandal, circulate libelous statements, or release trade secrets.”
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Maybelline, LLC, No. 12CV3000 AJB DHB, 2014 WL 690410, at *2 (S.D. Cal. Feb. 21, 2014)
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(internal quotation marks omitted). “The mere fact that the production of records may lead to a
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litigant's embarrassment, incrimination, or exposure to further litigation will not, without more,
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compel the court to seal its records.” Kamakana, 447 F.3d at 1179. Courts have found that a party
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has demonstrated compelling reasons warranting sealing where “confidential business material,
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marketing strategies, product development plans could result in improper use by business
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competitors seeking to replicate [the company's] business practices and circumvent the time and
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resources necessary in developing their own practices and strategies.” Algarin, 2014 WL 690410,
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at *3.
Algarin v.
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Sealing motions filed in this district also must be “narrowly tailored to seek sealing only of
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sealable material, and must conform with Civil L.R. 79-5(d).” Civil L.R. 79-5(b). Under Civil
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Local Rule 79-6(d), the submitting party must attach a “proposed order that is narrowly tailored to
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seal only the sealable material” which “lists in table format each document or portion thereof that is
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sought to be sealed.” In addition, a party moving to seal a document in whole or in part must file a
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declaration establishing that the identified material is “sealable.”
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“Reference to a stipulation or protective order that allows a party to designate certain documents as
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confidential is not sufficient to establish that a document, or portions thereof, are sealable.” Id.
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Where the moving party requests sealing of documents because they have been designated
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confidential by another party or a non-party under a protective order, the burden of establishing
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adequate reasons for sealing is placed on the designating party or non-party. Civ. L.R. 79-5(e). The
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moving party must file a proof of service showing that the designating party or non-party has been
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given notice of the motion to seal. Id. “Within 4 days of the filing of the Administrative Motion to
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File Under Seal, the Designating Party must file a declaration . . . establishing that all of the
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designated material is sealable.” Civ. L.R. 79-5(e)(1). “If the Designating Party does not file a
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Civ. L.R. 79-5(d)(1)(A).
Case 5:19-cv-04286-BLF Document 282 Filed 09/16/22 Page 3 of 12
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responsive declaration . . . and the Administrative Motion to File Under Seal is denied, the
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Submitting Party may file the document in the public record no earlier than 4 days, and no later than
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10 days, after the motion is denied.” Civ. L.R. 79-5(e)(2).
United States District Court
Northern District of California
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II.
DISCUSSION
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This Court follows numerous other district courts within the Ninth Circuit in concluding that
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the compelling reasons standard applies to motions to seal documents relating to class certification.
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See, e.g., Yan Mei Zheng v. Toyota Motor Corp., No. 17-CV-06591-BLF, 2019 WL 6841324, at *1
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(N.D. Cal. Dec. 16, 2019); Wetzel v. CertainTeed Corp., No. C16-1160JLR, 2019 WL 1236859, at
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*3 (W.D. Wash. Mar. 18, 2019) (“[S]ince Chrysler, district courts that have addressed the issue have
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regularly found that the compelling reasons standard applies to motions to seal exhibits attached to
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motions for class certification.”); McCurley v. Royal Seas Cruises, Inc., No. 17-CV-00986-BAS-
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AGS, 2018 WL 3629945, at *2 (S.D. Cal. July 31, 2018) (“[C]ourts apply the compelling reasons
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standard to a motion to seal a document filed in connection with a motion for class certification.”);
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In re Seagate Tech. LLC, 326 F.R.D. 223, 246 (N.D. Cal. 2018) (applying compelling reasons
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standard to documents relating to class certification); Weisberg v. Takeda Pharm. U.S.A., Inc., No.
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CV 18-784 PA (JCX), 2018 WL 6252458, at *2 (C.D. Cal. July 3, 2018) (“Because the Motion for
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Class Certification is more than tangentially related to the merits of the case, the compelling reasons
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standard applies in determining whether to grant the Application to Seal.”).
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Plaintiffs move to file documents or portions of documents under seal as part of its motion
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for class certification because Google has designated these documents as “Confidential” or “Highly
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Confidential” pursuant to the parties’ protective order. See ECF No. 223 ¶¶ 5-7. Plaintiffs also state
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that one of the documents contains proprietary analysis and study design.” Id. ¶ 6.
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Google argues that compelling reasons exist for sealing portions of the submitted materials.
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ECF No. 226, at 8. Google argues that portions of documents containing (1) information about the
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operation of Google Assistant are sealable because, if disclosed, could be a source of non-public
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technical and business information that competitors could use to harm Google’s competitive
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standing; (2) details of business opportunities and risks are sealable because they contain technical
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business planning and financial information that, if disclosed, could cause economic harm to Google
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Case 5:19-cv-04286-BLF Document 282 Filed 09/16/22 Page 4 of 12
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and provide an unfair advantage to competitors; and (3) information concerning the profits and
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losses associated with Google Assistant are sealable because they contain sensitive, confidential
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financial information that, if disclosed, could cause Google competitive harm. Id. at 8-9. Google
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further argues that the portions of the documents Google seeks to seal are sealable because their
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disclosure without context could cause harm to Google by providing an incomplete and misleading
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picture of Google’s practices and capabilities. Id. at 9.
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The Court finds that Google has demonstrated compelling reasons for sealing the portions
of documents as set forth below.
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ECF No.
ECF No. 223-3
Document
Plaintiffs’
Memorandum of Law
ISO Motion for Class
Certification
Portions to Seal
Highlighted
portions on pages
i, 2, 4-13, 15, 1722
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 2 (GOOGASST-00232470)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 3 (GOOGASST-03004766)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 4 (GOOGASST-00236429)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Document
United States District Court
Northern District of California
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Result and Reasoning
GRANTED. These portions of
the document contain
confidential and commercial
information about (1) the
operation of Google Assistant;
(2) business opportunities and
risk; and (3) details of
Google’s understanding of the
profits or losses associated
with Google assistant. Decl. of
Nino Tasca (“Tasca Decl.”)
¶¶ 3, 5, ECF No. 226-1.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
Case 5:19-cv-04286-BLF Document 282 Filed 09/16/22 Page 5 of 12
Exhibit 5 (GOOGASST-00245866)
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2
3
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 6 (GOOGASST-00245987)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 7 (GOOGASST-00256229)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 8 (GOOGASST-02981998)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 9 (GOOGASST-00221881)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 10 (GOOGASST-00001303)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 11 (GOOGASST-00257457)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 12 (GOOGASST-00228874)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Document
4
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6
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8
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United States District Court
Northern District of California
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highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
information about business
opportunities and risks. Tasca
Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
Case 5:19-cv-04286-BLF Document 282 Filed 09/16/22 Page 6 of 12
Exhibit 13 (GOOGASST-03045622)
1
2
3
4
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 14 (GOOGASST-03045632)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 15 (GOOGASST-00233284)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 16 (GOOGASST-00244130)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 17 (GOOGASST-03026660)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 18 (GOOGASST-00231206)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 19 (GOOGASST-00003331)
Declaration of
Margaret MacLean,
Exhibit 20 (GOOGASST-00031411)
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United States District Court
Northern District of California
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ECF No. 223-4
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Document
26
27
28
ECF No. 223-4
Declaration of
Margaret MacLean,
Document
6
highly sensitive proprietary
and commercial information
about the profits or losses of
Google Assistant. Tasca Decl.
¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the profits or losses of
Google Assistant. Tasca Decl.
¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
DENIED. Google did not
request the sealing of this
document.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
Case 5:19-cv-04286-BLF Document 282 Filed 09/16/22 Page 7 of 12
Exhibit 21 (GOOGASST-03026477)
1
2
3
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 22 (GOOGASST-03026503)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 23 (GOOGASST-03026518)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 24 (GOOGASST-00003555)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 28 (GOOGASST-03036619)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 29 (GOOGASST-03026521)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 30 (GOOGASST-03026522)
Document
ECF No. 223-4
Declaration of
Document
4
5
6
7
8
9
10
United States District Court
Northern District of California
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highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
DENIED. Google states that
the document “[c]ontains
information considered
confidential by Plaintiffs
Melissa Spurr.” ECF No. 226,
at 4. Plaintiffs state that the
document was “[d]esignated
by Google as ‘Confidential’
pursuant to the Protective
Order.” ECF No. 223, at 3.
Neither statement provides
adequate justification to seal
the document.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
Case 5:19-cv-04286-BLF Document 282 Filed 09/16/22 Page 8 of 12
Margaret MacLean,
Exhibit 31 (GOOGASST-03034181)
1
2
3
4
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 32 (GOOGASST-03037485)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 33 (GOOGASST-00001403)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 34 (GOOGASST-00217138)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 35 (GOOGASST-03030779)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 36 (GOOGASST-00023627)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 37 (GOOGASST-03030863)
Document
5
6
7
8
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10
United States District Court
Northern District of California
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contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant and contains
personally identifiable
information of Plaintiff Robert
Spurr. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
DENIED. Google states that
the document “[c]ontains
information considered
confidential by Plaintiff Steven
Robert Spurr.” ECF No. 226,
at 5. Plaintiffs state that the
document was “[d]esignated
by Google as ‘Confidential’
pursuant to the Protective
Order.” ECF No. 223, at 4.
Case 5:19-cv-04286-BLF Document 282 Filed 09/16/22 Page 9 of 12
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2
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 38 (GOOGASST-03030950)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 39 (GOOGASST-00232904)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 40 (GOOGASST-00025679)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 41 (GOOGASST-00022753)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 43 (GOOGASST-00217177)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 44 (GOOGASST-02989251)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Document
3
4
5
6
7
8
9
10
United States District Court
Northern District of California
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Neither statement provides
adequate justification to seal
the document.
DENIED. Google states that
the document “[c]ontains
information considered
confidential by Plaintiff Steven
Robert Spurr.” ECF No. 226,
at 5. Plaintiffs state that the
document was “[d]esignated
by Google as ‘Confidential’
pursuant to the Protective
Order.” ECF No. 223, at 4.
Neither statement provides
adequate justification to seal
the document.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about business opportunities
and risks. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
information about business
opportunities and risks. Tasca
Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
Case 5:19-cv-04286-BLF Document 282 Filed 09/16/22 Page 10 of 12
Exhibit 45 (GOOGASST-00256167)
1
2
3
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 46 (GOOGASST-00244117)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 47 (Excerpts
from the deposition
of Francoise
Beaufays dated April
22, 2022)
Declaration of
Margaret MacLean,
Exhibit 48 (Excerpts
from the deposition
of Francoise
Beaufays dated April
12, 2022)
Declaration of
Margaret MacLean,
Exhibit 49 (Excerpts
from the deposition
of Francoise
Beaufays dated April
22, 2022)
Declaration of
Margaret MacLean,
Exhibit 50 (Excerpts
from the deposition
of Brian Horling)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 51 (Excerpts
from the deposition
of Caroline Kenny)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 52 (Excerpts
from the deposition
of Terry Tai)
Document
4
5
6
7
8
9
10
ECF No. 223-4
United States District Court
Northern District of California
11
12
13
14
15
ECF No. 223-4
16
17
18
19
ECF No. 223-4
20
21
22
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Document
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
Document
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
Document
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
25
26
27
28
highly sensitive proprietary
information about business
opportunities and risks. Tasca
Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
10
Case 5:19-cv-04286-BLF Document 282 Filed 09/16/22 Page 11 of 12
1
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 53 (Excerpts
from the deposition
of Mary Ioannidis)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 54 (Excerpts
from the deposition
of Nino Tasca)
Document
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 57
(Declaration of F.
Torres in Support of
Plaintiffs’ Motion for
Class Certification)
Highlighted
portion on pages
9-10, 15, 20-21,
26, 30-36
ECF No. 223-4
Declaration of
Margaret MacLean,
Exhibit 58
(Declaration of
Rebecca ReedArthurs in Support of
Plaintiffs’ Motion for
Class Certification)
Document
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3
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5
6
7
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9
10
United States District Court
Northern District of California
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///
///
///
///
///
///
///
///
///
///
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Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This document
contains confidential and
highly sensitive proprietary
and commercial information
about the operation of Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This highlighted
portions reflect confidential
and highly sensitive
proprietary and commercial
information about (1) the
operation of Google Assistant’
and (2) details of Google’s
understanding of the profits or
losses associated with Google
Assistant. Tasca Decl. ¶¶ 3, 5.
GRANTED. This highlighted
portions reflect confidential
and highly sensitive
proprietary and commercial
information about (1) the
operation of Google Assistant’
(2) business opportunities and
risks; and (3) details of
Google’s understanding of the
profits or losses associated
with Google Assistant. Tasca
Decl. ¶¶ 3, 5.
Case 5:19-cv-04286-BLF Document 282 Filed 09/16/22 Page 12 of 12
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III.
CONCLUSION
For the foregoing reasons, the Court GRANTS IN PART and DENIES IN PART
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Plaintiff’s Administrative Motion to Seal (ECF No. 223). Within ten (10) days of this order,
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Plaintiffs SHALL file public, non-redacted versions of Exhibits 19, 28, 37, and 38 to the
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Declaration of Margaret MacLean filed at ECF No. 223-4, except that Plaintiffs SHALL redact
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information consistent with Federal Rule of Civil Procedure 5.2.
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IT IS SO ORDERED.
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Dated: September 16, 2022
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United States District Court
Northern District of California
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______________________________________
BETH LABSON FREEMAN
United States District Judge
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