Brown v. Google LLC
Brown v. Google LLC
Case 5:20-cv-03664-LHK (N.D. Cal. 2021)
September 30, 2021

van Keulen, Susan,  United States Magistrate Judge

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Open Records/Sunshine Laws
Failure to Produce
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Summary
The court granted several administrative motions to seal ESI related to discovery disputes, citing the "good cause" standard. The court recognized a general right to access public records but found that the information sought to be sealed was only tangentially related to the underlying cause of action. Therefore, the court ordered the documents to be sealed.
Additional Decisions
CHASOM BROWN, et al., Plaintiffs,
v.
GOOGLE LLC, Defendant
Case No. 20-cv-03664-LHK (SVK)
United States District Court, N.D. California
Filed September 30, 2021
van Keulen, Susan, United States Magistrate Judge

ORDER ON MOTIONS TO SEAL

Re: Dkt. Nos. 255, 257, 260, 280

Before the Court are several administrative motions to file under seal materials associated with discovery disputes in this case. Dkt. Nos. 255, 257, 260, 280.

Courts recognize a “general right to inspect and copy public records and documents, including judicial records and documents.” Kamakana v. City & Cnty. Of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc., 435 U.S. 589, 597 & n.7 (1978)). A request to seal court records therefore starts with a “strong presumption in favor of access.” Kamakana, 447 F.3d at 1178 (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 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 seeking to seal court records relating to motions that are “more than tangentially related to the underlying cause of action” must demonstrate “compelling reasons” that support secrecy. Ctr. For Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016). For records attached to motions that re “not related, or only tangentially related, to the merits of the case,” the lower “good cause” standard of Rule 26(c) applies. Id.; see also Kamakana, 447 F.3d at 1179. A party moving to seal court records must also comply with the procedures established by Civil Local Rule 79-5.

Here, the “good cause” standard applies because the information the parties seek to seal was submitted to the Court in connection with discovery-related motions, rather than a motion that concerns the merits of the case. The Court may reach different conclusions regarding sealing these documents under different standards or in a different context. Having considered the motions to seal, supporting declarations, and the pleadings on file, and good cause appearing, the Court ORDERS as follows:

1. Dkt. 255


2. Dkt. 257


3. Dkt. 260


4. Dkt. 280


SO ORDERED.

Dated: September 30, 2021