In re Google Assistant Privacy Litigation, No. 5:2019cv04286 - Document 318 (N.D. Cal. 2022)
Court Description: ORDER GRANTING IN PART AND DENYING IN PART 271 GOOGLE'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF ITS OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND SUPPORTING DECLARATIONS AND EXHIBITS. Signed by Judge Beth Labson Freeman on 10/17/2022. (blflc3, COURT STAFF) (Filed on 10/17/2022)
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In re Google Assistant Privacy Litigation Doc. 318 Case 5:19-cv-04286-BLF Document 318 Filed 10/17/22 Page 1 of 14 1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 ASIF KUMANDAN, et al., Plaintiffs, 8 12 ORDER GRANTING IN PART AND DENYING IN PART GOOGLE’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION AND SUPPORTING DECLARATIONS AND EXHIBITS 13 [Re: ECF No. 271] v. 9 10 GOOGLE LLC, et al., Defendants. 11 United States District Court Northern District of California Case No. 19-cv-04286-BLF 14 15 Before the Court is Defendants Google LLC and Alphabet Inc.’s (collectively “Google”) 16 administrative motion to file under seal portions of Defendants’ Opposition to Plaintiffs’ Motion 17 for Class Certification (“Opposition”) and supporting declarations and exhibits. See ECF No. 271. 18 The Court has considered the motion and supporting declaration. For the following reasons, the 19 motion is GRANTED IN PART AND DENIED IN PART. 20 21 I. LEGAL STANDARD “Historically, courts have recognized a ‘general right to inspect and copy public records 22 and documents, including judicial records and documents.’” Kamakana v. City and Cnty. of 23 Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435 24 U.S. 589, 597 & n.7 (1978)). Consequently, access to motions and their attachments that are 25 “more than tangentially related to the merits of a case” may be sealed only upon a showing of 26 “compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 27 1101–102 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed 28 upon a lesser showing of “good cause.” Id. at 1097. Dockets.Justia.com Case 5:19-cv-04286-BLF Document 318 Filed 10/17/22 Page 2 of 14 In addition, in this district, all parties requesting sealing must comply with Civil Local 1 2 Rule 79-5. That rule requires that the moving party to provide “the reasons for keeping a 3 document under seal, including an explanation of: (i) the legitimate private or public interests that 4 warrant sealing; (ii) the injury that will result if sealing is denied; and (iii) why a less restrictive 5 alternative to sealing is not sufficient.” Civ. L.R. 79-5(c)(1)(i). The rule also requires the moving 6 party to provide “evidentiary support from declarations where necessary.” 7 Civ. L.R. 79-5(c)(1)(ii). 8 United States District Court Northern District of California 9 II. DISCUSSION This Court previously determined “that the compelling reasons standard applies to motions 10 to seal documents relating to class certification.” Adtrader, Inc. v. Google LLC, No. 17-CV- 11 07082-BLF, 2020 WL 6391210, at *2 (N.D. Cal. Mar. 24, 2020). 12 Google contends that the information it seeks to seal includes confidential and highly 13 sensitive proprietary and commercial information about (1) the operation of Google Assistant; (2) 14 competitively sensitive business opportunities and risks; and (3) details of Google’s understanding 15 of the profits or losses associated with Google Assistant. See Beaufays Decl. 12, ECF 95-1. 16 Google seeks to file this information under seal because public disclosure would result in 17 significant competitive harm to Google by giving third parties, including other companies who 18 make similar technology, insight into confidential and sensitive aspects of Google’s development 19 of Google Assistant and the financial implications of that development. Id. Plaintiffs do not 20 oppose Google’s request. 21 The Court finds that Google has met the “compelling reasons” standard for sealing 22 technical information about the operation of Google Assistant and financial information 23 concerning Google’s business opportunities and risks and profits and losses because release of the 24 information would threaten Google’s competitive interests. See In re Elec. Arts, Inc., 298 F. 25 App’x 568, 569 (9th Cir. 2008) (ordering sealing where documents could be used “‘as sources of 26 business information that might harm a litigant’s competitive standing’”) (quoting Nixon v. 27 Warner Commc’ns, Inc., 435 U.S. 589, 598 (1978)); see also In re Koninklijke Philips Pat. Litig., 28 No. 18-CV-01885-HSG, 2020 WL 1865294 (N.D. Cal. Apr. 13, 2020) (compelling reasons exist 2 Case 5:19-cv-04286-BLF Document 318 Filed 10/17/22 Page 3 of 14 1 to seal information concerning “technical product operation”); In re Qualcomm Litig., No. 3:17- 2 CV-0108-GPC-MDD, 2017 WL 5176922, at *2 (S.D. Cal. Nov. 8, 2017). 3 Review of the information Google seeks to seal reveals that some of it does not appear to 4 be competitively sensitive. The Court therefore fines that Google has not met the compelling 5 reasons standard for sealing this information. 6 The Court rules as follows on the documents Google seeks to have sealed: 7 8 9 10 United States District Court Northern District of California 11 12 13 Exhibit No. & Document ECF No. Exhibit AA Defendants’ Opposition top Google’s to Plaintiffs’ Motion for Administrative Class Certification Motion to File Under Seal Portions to Seal Ruling Highlighted portions of the document GRANTED, as containing 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. DENIED as overbroad, as Google has not narrowly tailored its sealing request to competitively sensitive or otherwise sealable information. ECF No. 271-2 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit AB to Google’s Administrative Motion to File Under Seal ECF No. 271-3 Exhibit AC to Google’s Administrative Motion to File Under Seal Ex. B to the Declaration Document of Sunita Bali in Support of Defendants’ Opposition to Plaintiffs’ Motion for Class Certification (Summary Chart) Ex. 1 to the Declaration Document of Sunita Bali in Support of Defendants’ Opposition to Plaintiffs’ Motion for Class Certification ECF No. 271-4 (GOOG-ASST03026959) Exhibit AD to Ex. 2 to the Declaration Document Google’s of Sunita Bali in Support Administrative of Defendants’ 3 GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of Google Assistant. GRANTED, as containing confidential and highly sensitive Case 5:19-cv-04286-BLF Document 318 Filed 10/17/22 Page 4 of 14 1 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Motion to File Under Seal Opposition to Plaintiffs’ Motion for Class Certification proprietary and commercial information about the operation of Google Assistant. ECF No. 271-5 (GOOG-ASST03026660) Exhibit AE to Ex. 3 to the Declaration Document Google’s of Sunita Bali in Support Administrative of Defendants’ Motion to File Opposition to Plaintiffs’ Under Seal Motion for Class Certification ECF No. 271-6 Exhibit AF to Google’s Administrative Motion to File Under Seal (GOOG-ASST03029199) Ex. 4 to the Declaration Document of Sunita Bali in Support of Defendants’ Opposition to Plaintiffs’ Motion for Class Certification ECF No. 271-7 (GOOG-ASST03034181) Exhibit AG to Ex. 6 to the Declaration Document Google’s of Sunita Bali in Support Administrative of Defendants’ Motion to File Opposition to Plaintiffs’ Under Seal Motion for Class Certification ECF No. 271-8 (GOOG-ASST03047476) Exhibit AH to Ex. 7 to the Declaration Document Google’s of Sunita Bali in Support Administrative of Defendants’ Motion to File Opposition to Plaintiffs’ Under Seal Motion for Class Certification ECF No. (GOOG-ASST271-9 03047477) Exhibit AI to Ex. 8 to the Declaration Document Google’s of Sunita Bali in Support Administrative of Defendants’ Motion to File Opposition to Plaintiffs’ Under Seal Motion for Class Certification 4 GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of Google Assistant. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of Google Assistant. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of Google Assistant. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of Google Assistant. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of Case 5:19-cv-04286-BLF Document 318 Filed 10/17/22 Page 5 of 14 1 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ECF No. 271-10 Google Assistant. (GOOG-ASST03047471) Exhibit AJ to Ex. 9 to the Declaration Document Google’s of Sunita Bali in Support Administrative of Defendants’ Motion to File Opposition to Plaintiffs’ Under Seal Motion for Class Certification ECF No. 271-11 (GOOG-ASST03047475) Exhibit AK to Ex. 10 to the Document Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. 271-12 (GOOG-ASST03047478) Exhibit AL to Ex. 11 to the Document Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. 271-13 (GOOG-ASST03047468) Exhibit AM to Ex. 12 to the Document Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. 271-14 (GOOG-ASST03047474) Exhibit AN to Ex. 13 to the Document Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. 271-15 (GOOG-ASST03029230) 5 GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of Google Assistant. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of Google Assistant. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of Google Assistant. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of Google Assistant. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of Google Assistant. Case 5:19-cv-04286-BLF Document 318 Filed 10/17/22 Page 6 of 14 1 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Exhibit AO to Google’s Administrative Motion to File Under Seal Ex. 14 to the Declaration of Sunita Bali in Support of Defendants’ Opposition to Plaintiffs’ Motion for Class Certification Document GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of Google Assistant. Document GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of Google Assistant. Document GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of Google Assistant. Document GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of Google Assistant. Document GRANTED, as containing confidential and highly sensitive proprietary and commercial information about business opportunities and risks; and details of Google’s understanding of the profits or losses associated with Google Assistant. ECF No. 271-16 (GOOG-ASST03029234) Exhibit AP to Ex. 15 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. 271-17 (GOOG-ASST03037402) Exhibit AQ to Ex. 16 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. 271-18 (GOOG-ASST03034224) Exhibit AR to Ex. 17 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. 271-19 (GOOG-ASST03034251) Exhibit AS to Ex. 20 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. 271-20 (GOOG-ASST03045688) 27 28 6 Case 5:19-cv-04286-BLF Document 318 Filed 10/17/22 Page 7 of 14 1 2 3 4 5 Exhibit AT to Google’s Administrative Motion to File Under Seal ECF No. 271-21 Ex. 21 to the Declaration of Sunita Bali in Support of Defendants’ Opposition to Plaintiffs’ Motion for Class Certification Document (GOOG-ASST03045664) 6 7 8 9 10 United States District Court Northern District of California 11 12 Exhibit AU to Google’s Administrative Motion to File Under Seal ECF No. 271-22 Ex. 22 to the Declaration of Sunita Bali in Support of Defendants’ Opposition to Plaintiffs’ Motion for Class Certification Document (GOOG-ASST03045605) 13 14 15 16 17 18 Exhibit AV to Google’s Administrative Motion to File Under Seal ECF No. 271-23 19 20 21 22 23 24 25 26 27 28 Exhibit AW to Google’s Administrative Motion to File Under Seal Ex. 23 to the Declaration of Sunita Bali in Support of Defendants’ Opposition to Plaintiffs’ Motion for Class Certification Blue highlighted portions of document (Portions of Defendants’ Supplemental Responses to Plaintiffs’ Interrogatories) Ex. 53 to the Declaration of Sunita Bali in Support of Defendants’ Opposition to Plaintiffs’ Motion for Class Certification Document ECF No. 271-24 (GOOG-ASST00001318) Exhibit AX to Ex. 54 to the Google’s Declaration of Sunita Administrative Bali in Support of Document 7 GRANTED, as containing confidential and highly sensitive proprietary and commercial information about business opportunities and risks; and details of Google’s understanding of the profits or losses associated with Google Assistant. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about business opportunities and risks; and details of Google’s understanding of the profits or losses associated with Google Assistant. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about (1) business opportunities and risks; and (2) details of Google’s understanding of the profits or losses associated with Google Assistant. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of Google Assistant. GRANTED, as containing confidential and highly sensitive Case 5:19-cv-04286-BLF Document 318 Filed 10/17/22 Page 8 of 14 1 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Motion to File Under Seal Defendants’ Opposition to Plaintiffs’ Motion for Class Certification ECF No. 271-25 (GOOG-ASST00025975) Exhibit AY to Ex. 55 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. 271-26 (GOOG-ASST00034266) Exhibit AZ to Ex. 56 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. 271-27 (GOOG-ASST00213485) Exhibit BA to Ex. 57 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. 271-28 (GOOG-ASST00218676) Exhibit BB to Ex. 58 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. (GOOG-ASST271-29 00239676) Exhibit BC to Ex. 59 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification Document Document Document proprietary and commercial information about (1) the operation of Google Assistant and (2) business opportunities and risks. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about (1) the operation of Google Assistant and (2) business opportunities and risks. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about (1) the operation of Google Assistant and (2) business opportunities and risks. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about business opportunities and risks. Document GRANTED, as containing confidential and highly sensitive proprietary and commercial information about business opportunities and risks. Document GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of 8 Case 5:19-cv-04286-BLF Document 318 Filed 10/17/22 Page 9 of 14 1 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ECF No. 271-30 (GOOG-ASST00250310) Exhibit BD to Ex. 60 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. (GOOG-ASST271-31 03041034) Exhibit BE to Ex. 61 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. (GOOG-ASST271-32 03047418) Exhibit BF to Ex. 62 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. 271-33 (GOOG-ASST03047490) Exhibit BG to Ex. 66 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. (Excerpts from the 271-34 deposition of Francoise Beaufays taken on April 12, 2022) Exhibit BH to Ex. 67 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. Google Assistant Document Document Document GRANTED, as containing confidential and highly sensitive proprietary and commercial information about (1) the operation of Google Assistant and (2) business opportunities and risks. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about (1) the operation of Google Assistant and (2) business opportunities and risks. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of Google Assistant. Document DENIED as overbroad, as Google has not narrowly tailored its sealing request to competitively sensitive or otherwise sealable information. Document DENIED as overbroad, as Google has not narrowly tailored its sealing request to competitively sensitive or otherwise sealable information. 9 Case 5:19-cv-04286-BLF Document 318 Filed 10/17/22 Page 10 of 14 1 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 271-35 (Excerpts from the deposition of Francoise Beaufays taken on April 22, 2022) Exhibit BI to Ex. 68 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. 271-36 (Excerpts from the deposition of Yair Cohen taken on July 15, 2022) Exhibit BJ to Ex. 69 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. 271-37 (Excerpts from the deposition of Alex Gruenstein taken on May 24, 2022) Exhibit BK to Ex. 70 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. 271-38 (Excerpts from the deposition of Hailey Crowel taken on July 21, 2022) Exhibit BL to Ex. 71 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. (Excerpts from the 271-39 deposition of Hailey Crowel taken on August 10, 2022) Document DENIED as overbroad, as Google has not narrowly tailored its sealing request to competitively sensitive or otherwise sealable information. Document DENIED as overbroad, as Google has not narrowly tailored its sealing request to competitively sensitive or otherwise sealable information. Document DENIED as overbroad, as Google has not narrowly tailored its sealing request to competitively sensitive or otherwise sealable information. Document DENIED as overbroad, as Google has not narrowly tailored its sealing request to competitively sensitive or otherwise sealable information. 10 Case 5:19-cv-04286-BLF Document 318 Filed 10/17/22 Page 11 of 14 1 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit BM to Google’s Administrative Motion to File Under Seal Ex. 72 to the Declaration of Sunita Bali in Support of Defendants’ Opposition to Plaintiffs’ Motion for Class Certification Document DENIED as overbroad, as Google has not narrowly tailored its sealing request to competitively sensitive or otherwise sealable information. Document DENIED as overbroad, as Google has not narrowly tailored its sealing request to competitively sensitive or otherwise sealable information. Document DENIED as overbroad, as Google has not narrowly tailored its sealing request to competitively sensitive or otherwise sealable information. Document DENIED as overbroad, as Google has not narrowly tailored its sealing request to competitively sensitive or otherwise sealable information. Blue highlighted portions of document GRANTED, as containing confidential and highly sensitive proprietary and commercial information ECF No. 271-40 (Excerpts from the deposition of Bryan Horling taken on June 13, 2022) Exhibit BN to Ex. 73 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. (Excerpts from the 271-41 deposition of Caroline Kenny taken on April 14, 2022) Exhibit BO to Ex. 74 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. 271-42 (Excerpts from the deposition of Ashwin Sunder taken on May 13, 2022) Exhibit BP to Ex. 75 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Class Certification ECF No. (Excerpts from the 271-43 deposition of Terry Tai taken on June 22, 2022) Exhibit BQ to Ex. 82 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for 11 Case 5:19-cv-04286-BLF Document 318 Filed 10/17/22 Page 12 of 14 1 2 Class Certification ECF No. 271-44 (Expert Report of Rene Befurt, PhD) 3 4 5 6 7 8 9 Exhibit BR to Google’s Administrative Motion to File Under Seal ECF No. 271-45 10 Ex. 83 to the Declaration of Sunita Bali in Support of Defendants’ Opposition to Plaintiffs’ Motion for Class Certification Document (Exhibits to the Expert Report of Rene Befurt, PhD) United States District Court Northern District of California 11 12 13 14 15 16 Exhibit BS to Google’s Administrative Motion to File Under Seal ECF No. 271-46 Ex. 85 to the Declaration of Sunita Bali in Support of Defendants’ Opposition to Plaintiffs’ Motion for Class Certification Blue highlighted portions of the document (Expert Report of Jesse David, PhD.) 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit BT to Google’s Administrative Motion to File Under Seal Ex. 86 to the Declaration of Sunita Bali in Support of Defendants’ Opposition to Plaintiffs’ Motion for Class Certification Document ECF No. 271-47 (Excerpts from the deposition of Rebecca Reed Arthurs Ph.D. taken on September 7, 2022) Exhibit BU to Ex. 87 to the Google’s Declaration of Sunita Administrative Bali in Support of Motion to File Defendants’ Opposition Under Seal to Plaintiffs’ Motion for Document 12 about (1) business opportunities and risks; and (2) details of Google’s understanding of the profits or losses associated with Google Assistant. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about (1) business opportunities and risks; and (2) details of Google’s understanding of the profits or losses associated with Google Assistant. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about (1) business opportunities and risks; and (2) details of Google’s understanding of the profits or losses associated with Google Assistant. DENIED as overbroad, as Google has not narrowly tailored its sealing request to competitively sensitive or otherwise sealable information. DENIED as overbroad, as Google has not narrowly tailored its sealing request to competitively sensitive Case 5:19-cv-04286-BLF Document 318 Filed 10/17/22 Page 13 of 14 Class Certification 1 2 3 4 5 6 or otherwise sealable information. ECF No. 271-48 (Excerpts from the deposition of Fernando Torres MSc. taken on September 7, 2022) Exhibit BV to Declaration of Francoise Google’s Beaufays in Support of Administrative Defendants’ Opposition Motion to File to Plaintiffs’ Motion for Under Seal Class Certification Blue highlighted portions of document 7 ECF No. 271-49 8 9 10 United States District Court Northern District of California 11 12 Exhibit BW to Google’s Administrative Motion to File Under Seal Declaration of Nino Tasca in Support of Defendants’ Opposition to Plaintiffs’ Motion for Class Certification Blue highlighted portions of document Exhibit BX to Google’s Administrative Motion to File Under Seal Declaration of Yair Cohen in Support of Defendants’ Opposition to Plaintiffs’ Motion for Class Certification Document ECF No. 271-51 Exhibit BY to Google’s Administrative Motion to File Under Seal Declaration of Terry Tai in Support of Defendants’ Opposition to Plaintiffs’ Motion for Class Certification Document ECF No. 271-50 13 14 15 16 17 18 19 20 21 22 ECF No. 271-52 23 GRANTED, as containing confidential and highly sensitive proprietary and commercial information about (1) the operation of Google Assistant and (2) business opportunities and risks. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about (1) the operation of Google Assistant and (2) business opportunities and risks. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of Google Assistant. GRANTED, as containing confidential and highly sensitive proprietary and commercial information about the operation of Google Assistant. 24 25 26 27 28 III. ORDER For the foregoing reasons, IT IS HEREBY ORDERED that Google’s motion is GRANTED IN PART AND DENIED IN PART. Google SHALL file public redacted versions of Exhibits AV, BQ, BS, BV, and BW to 13 Case 5:19-cv-04286-BLF Document 318 Filed 10/17/22 Page 14 of 14 1 Google’s Administrative Motion to File Under Seal (ECF Nos. 271-23, 271-44, 271-46, 271-49, 2 271-50) by October 31, 2022. 3 4 subject to Google’s co-pending Administrative Motion to Consider Whether Other Parties’ 5 Materials Should Be Sealed. See ECF No. 269. Google SHALL file a public redacted version of 6 Exhibit AA within 10 days after the Court issues its order on Google’s co-pending motion, 7 incorporating any additional redactions the Court permits. 8 9 United States District Court Northern District of California Exhibit AA to Google’s Administrative Motion to File Under Seal (ECF No. 271-2) is As to Exhibits AB, BG-BP, BT, and BU to Google’s Administrative Motion to File Under Seal (ECF Nos. 271-3, 271-34 – 271-43, 271-47, 271-48), Google SHALL file a further 10 administrative motion to seal these exhibits with proposed narrowly tailored redactions or file the 11 exhibits to the public docket by October 31, 2022. 12 13 14 15 Dated: October 17, 2022 ______________________________________ BETH LABSON FREEMAN United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 14
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