In re Google Assistant Privacy Litigation, No. 5:2019cv04286 - Document 282 (N.D. Cal. 2022)
Court Description: 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)
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In re Google Assistant Privacy Litigation Doc. 282 Case 5:19-cv-04286-BLF Document 282 Filed 09/16/22 Page 1 of 12 1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 ASIF KUMANDAN, et al., Plaintiffs, 8 GOOGLE LLC, et al., Defendants. 11 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. 9 10 Case No. 19-cv-04286-BLF [Re: ECF No. 223] 12 13 Before the Court is Plaintiffs’ administrative motion seeking to seal documents submitted 14 with Plaintiffs’ Motion for Class Certification. See ECF No. 223. Defendants Google LLC and 15 Alphabet Inc. (together “Google”) submitted a statement in support. See ECF No. 226. Plaintiffs 16 did not respond to Defendants’ statement. For the reasons stated below, the motion is GRANTED 17 IN PART and DENIED IN PART. 18 I. LEGAL STANDARD 19 “Historically, courts have recognized a ‘general right to inspect and copy public records and 20 documents, including judicial records and documents.’” Kamakana v. City and Cnty. of Honolulu, 21 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597 22 & n.7 (1978)). Consequently, filings that are “more than tangentially related to the merits of a case” 23 may be sealed only upon a showing of “compelling reasons” for sealing. Ctr. for Auto Safety v. 24 Chrysler Grp., LLC, 809 F.3d 1092, 1101-02 (9th Cir. 2016). Filings that are only tangentially 25 related to the merits may be sealed upon a lesser showing of “good cause.” Id. at 1097. 26 “Under the compelling reasons standard, a district court must weigh relevant factors, base 27 its decision on a compelling reason, and articulate the factual basis for its ruling, without relying on 28 hypothesis or conjecture.” Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 679 (9th Cir. Dockets.Justia.com United States District Court Northern District of California Case 5:19-cv-04286-BLF Document 282 Filed 09/16/22 Page 2 of 12 1 2010) (internal quotation marks omitted). “In general, compelling reasons sufficient to outweigh 2 the public's interest in disclosure and justify sealing court records exist when such court files 3 might . . . become a vehicle for improper purposes, such as the use of records to gratify private spite, 4 promote public scandal, circulate libelous statements, or release trade secrets.” 5 Maybelline, LLC, No. 12CV3000 AJB DHB, 2014 WL 690410, at *2 (S.D. Cal. Feb. 21, 2014) 6 (internal quotation marks omitted). “The mere fact that the production of records may lead to a 7 litigant's embarrassment, incrimination, or exposure to further litigation will not, without more, 8 compel the court to seal its records.” Kamakana, 447 F.3d at 1179. Courts have found that a party 9 has demonstrated compelling reasons warranting sealing where “confidential business material, 10 marketing strategies, product development plans could result in improper use by business 11 competitors seeking to replicate [the company's] business practices and circumvent the time and 12 resources necessary in developing their own practices and strategies.” Algarin, 2014 WL 690410, 13 at *3. Algarin v. 14 Sealing motions filed in this district also must be “narrowly tailored to seek sealing only of 15 sealable material, and must conform with Civil L.R. 79-5(d).” Civil L.R. 79-5(b). Under Civil 16 Local Rule 79-6(d), the submitting party must attach a “proposed order that is narrowly tailored to 17 seal only the sealable material” which “lists in table format each document or portion thereof that is 18 sought to be sealed.” In addition, a party moving to seal a document in whole or in part must file a 19 declaration establishing that the identified material is “sealable.” 20 “Reference to a stipulation or protective order that allows a party to designate certain documents as 21 confidential is not sufficient to establish that a document, or portions thereof, are sealable.” Id. 22 Where the moving party requests sealing of documents because they have been designated 23 confidential by another party or a non-party under a protective order, the burden of establishing 24 adequate reasons for sealing is placed on the designating party or non-party. Civ. L.R. 79-5(e). The 25 moving party must file a proof of service showing that the designating party or non-party has been 26 given notice of the motion to seal. Id. “Within 4 days of the filing of the Administrative Motion to 27 File Under Seal, the Designating Party must file a declaration . . . establishing that all of the 28 designated material is sealable.” Civ. L.R. 79-5(e)(1). “If the Designating Party does not file a 2 Civ. L.R. 79-5(d)(1)(A). Case 5:19-cv-04286-BLF Document 282 Filed 09/16/22 Page 3 of 12 1 responsive declaration . . . and the Administrative Motion to File Under Seal is denied, the 2 Submitting Party may file the document in the public record no earlier than 4 days, and no later than 3 10 days, after the motion is denied.” Civ. L.R. 79-5(e)(2). United States District Court Northern District of California 4 II. DISCUSSION 5 This Court follows numerous other district courts within the Ninth Circuit in concluding that 6 the compelling reasons standard applies to motions to seal documents relating to class certification. 7 See, e.g., Yan Mei Zheng v. Toyota Motor Corp., No. 17-CV-06591-BLF, 2019 WL 6841324, at *1 8 (N.D. Cal. Dec. 16, 2019); Wetzel v. CertainTeed Corp., No. C16-1160JLR, 2019 WL 1236859, at 9 *3 (W.D. Wash. Mar. 18, 2019) (“[S]ince Chrysler, district courts that have addressed the issue have 10 regularly found that the compelling reasons standard applies to motions to seal exhibits attached to 11 motions for class certification.”); McCurley v. Royal Seas Cruises, Inc., No. 17-CV-00986-BAS- 12 AGS, 2018 WL 3629945, at *2 (S.D. Cal. July 31, 2018) (“[C]ourts apply the compelling reasons 13 standard to a motion to seal a document filed in connection with a motion for class certification.”); 14 In re Seagate Tech. LLC, 326 F.R.D. 223, 246 (N.D. Cal. 2018) (applying compelling reasons 15 standard to documents relating to class certification); Weisberg v. Takeda Pharm. U.S.A., Inc., No. 16 CV 18-784 PA (JCX), 2018 WL 6252458, at *2 (C.D. Cal. July 3, 2018) (“Because the Motion for 17 Class Certification is more than tangentially related to the merits of the case, the compelling reasons 18 standard applies in determining whether to grant the Application to Seal.”). 19 Plaintiffs move to file documents or portions of documents under seal as part of its motion 20 for class certification because Google has designated these documents as “Confidential” or “Highly 21 Confidential” pursuant to the parties’ protective order. See ECF No. 223 ¶¶ 5-7. Plaintiffs also state 22 that one of the documents contains proprietary analysis and study design.” Id. ¶ 6. 23 Google argues that compelling reasons exist for sealing portions of the submitted materials. 24 ECF No. 226, at 8. Google argues that portions of documents containing (1) information about the 25 operation of Google Assistant are sealable because, if disclosed, could be a source of non-public 26 technical and business information that competitors could use to harm Google’s competitive 27 standing; (2) details of business opportunities and risks are sealable because they contain technical 28 business planning and financial information that, if disclosed, could cause economic harm to Google 3 Case 5:19-cv-04286-BLF Document 282 Filed 09/16/22 Page 4 of 12 1 and provide an unfair advantage to competitors; and (3) information concerning the profits and 2 losses associated with Google Assistant are sealable because they contain sensitive, confidential 3 financial information that, if disclosed, could cause Google competitive harm. Id. at 8-9. Google 4 further argues that the portions of the documents Google seeks to seal are sealable because their 5 disclosure without context could cause harm to Google by providing an incomplete and misleading 6 picture of Google’s practices and capabilities. Id. at 9. 7 8 The Court finds that Google has demonstrated compelling reasons for sealing the portions of documents as set forth below. 9 10 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 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) 1 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 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 5 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) 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 ECF No. 223-4 25 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 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 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 8 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 1 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 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 23 24 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 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 /// /// /// /// /// /// /// /// /// /// 11 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 1 III. CONCLUSION For the foregoing reasons, the Court GRANTS IN PART and DENIES IN PART 2 Plaintiff’s Administrative Motion to Seal (ECF No. 223). Within ten (10) days of this order, 3 Plaintiffs SHALL file public, non-redacted versions of Exhibits 19, 28, 37, and 38 to the 4 Declaration of Margaret MacLean filed at ECF No. 223-4, except that Plaintiffs SHALL redact 5 information consistent with Federal Rule of Civil Procedure 5.2. 6 IT IS SO ORDERED. 7 8 Dated: September 16, 2022 9 10 United States District Court Northern District of California 11 ______________________________________ BETH LABSON FREEMAN United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12
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