Filed: Apr. 30, 2019
Latest Update: Apr. 30, 2019
Summary: OMNIBUS ORDER ON SEALING MOTIONS [Re: ECF 415, 416, 439, 466] BETH LABSON FREEMAN , District Judge . Before the Court are the parties' administrative motions to file under seal portions of their briefing and exhibits in connection with Defendants' motion for summary judgment. ECF 415, 416, 439, 466. For the reasons stated below, the motions are GRANTED IN PART, DENIED IN PART with prejudice, and DENIED IN PART without prejudice. I. LEGAL STANDARD "Historically, courts have recognized a `
Summary: OMNIBUS ORDER ON SEALING MOTIONS [Re: ECF 415, 416, 439, 466] BETH LABSON FREEMAN , District Judge . Before the Court are the parties' administrative motions to file under seal portions of their briefing and exhibits in connection with Defendants' motion for summary judgment. ECF 415, 416, 439, 466. For the reasons stated below, the motions are GRANTED IN PART, DENIED IN PART with prejudice, and DENIED IN PART without prejudice. I. LEGAL STANDARD "Historically, courts have recognized a `g..
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OMNIBUS ORDER ON SEALING MOTIONS
[Re: ECF 415, 416, 439, 466]
BETH LABSON FREEMAN, District Judge.
Before the Court are the parties' administrative motions to file under seal portions of their briefing and exhibits in connection with Defendants' motion for summary judgment. ECF 415, 416, 439, 466. For the reasons stated below, the motions are GRANTED IN PART, DENIED IN PART with prejudice, and DENIED IN PART without prejudice.
I. LEGAL STANDARD
"Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'" Kamakana v. City & Cty. Of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 & n. 7 (1978)). Accordingly, when considering a sealing request, "a `strong presumption in favor of access' is the starting point." Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). Parties seeking to seal judicial records relating to motions that are "more than tangentially related to the underlying cause of action" bear the burden of overcoming the presumption with "compelling reasons" that outweigh the general history of access and the public policies favoring disclosure. Ctr. for Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016); Kamakana, 447 F.3d at 1178-79.
However, "while protecting the public's interest in access to the courts, we must remain mindful of the parties' right to access those same courts upon terms which will not unduly harm their competitive interest." Apple Inc. v. Samsung Elecs. Co., Ltd., 727 F.3d 1214, 1228-29 (Fed. Cir. 2013). Records attached to motions that are "not related, or only tangentially related, to the merits of a case" therefore are not subject to the strong presumption of access. Ctr. for Auto Safety, 809 F.3d at 1099; see also Kamakana, 447 F.3d at 1179 ("[T]he public has less of a need for access to court records attached only to non-dispositive motions because those documents are often unrelated, or only tangentially related, to the underlying cause of action."). Parties moving to seal the documents attached to such motions must meet the lower "good cause" standard of Rule 26(c). Kamakana, 447 F.3d at 1179 (internal quotations and citations omitted). This 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, 1210-11 (9th Cir. 2002); see Fed. R. Civ. P. 26(c). "Broad allegations of harm, unsubstantiated by specific examples of articulated reasoning" will not suffice. Beckman Indus., Inc. v. Int'l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992). A protective order sealing the documents during discovery may reflect the court's previous determination that good cause exists to keep the documents sealed, see Kamakana, 447 F.3d at 1179-80, but a blanket protective order that allows the parties to designate confidential documents does not provide sufficient judicial scrutiny to determine whether each particular document should remain sealed. See Civ. L.R. 79-5(d)(1)(A) ("Reference to a stipulation or protective order that allows a party to designate certain documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable.").
In addition to making particularized showings of good cause, parties moving to seal documents must comply with the procedures established by Civ. L.R. 79-5. Pursuant to Civ. L.R. 79-5(b), a sealing order is appropriate only upon a request that establishes the document is "sealable," or "privileged or protectable as a trade secret or otherwise entitled to protection under the law." "The request must be narrowly tailored to seek sealing only of sealable material, and 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 submitting party to attach a "proposed order that is narrowly tailored to seal only the sealable material" which "lists in table format each document or portion thereof that is sought to be sealed," Civ. L.R. 79-5(d)(1)(b), and an "unredacted version of the document" that indicates "by highlighting or other clear method, the portions of the document that have been omitted from the redacted version." Civ. L.R. 79-5(d)(1)(d). "Within 4 days of the filing of the Administrative Motion to File Under Seal, the Designating Party must file a declaration as required by subsection 79-5(d)(1)(A) establishing that all of the designated material is sealable." Civ. L.R. 79-5(e)(1).
II. DISCUSSION
The Court has reviewed Plaintiff and Defendants' sealing motions and the declarations of the designating parties submitted in support thereof. The Court finds that the parties have articulated compelling reasons to seal certain portions of the submitted documents. While some of the proposed redactions are narrowly tailored, some are not. The Court's rulings on the sealing requests are set forth in the tables below.
A. ECF 415 & 416 (Defendants' motions re MSJ and exhibits)
ECF Document to be Sealed: Result Reasoning
No.
407-4 Google's Motion for DENIED without The proposed redactions are not
Summary Judgment prejudice. narrowly tailored. Some of the
information is part of the public
record. See Ex. A (to the parties'
stipulation), ECF 430-1.
416-4 Google's Corrected DENIED without The proposed redactions are not
Motion for Summary prejudice. narrowly tailored. Some of the
Judgment information is part of the public
record. See Ex. A (to the parties'
stipulation), ECF 430-1.
407-5 Exhibit 2 to the DENIED without The proposed redactions are not
Declaration of Matthew prejudice. narrowly tailored. Some of the
M. Werdegar in support information is part of the public
of Defendants' Motion record. See Ex. A (to the parties'
for Summary Judgment stipulation), ECF 430-1.
(Excerpts from Ex. A to
Pullen Opening Rpt.)
407-6 Exhibit 3 to the DENIED without The proposed redactions are not
Declaration of Matthew prejudice. narrowly tailored. Some of the
M. Werdegar in support information is part of the public
of Defendants' Motion record. See Ex. A (to the parties'
for Summary Judgment stipulation), ECF 430-1.
(Excerpts from
12/17/2018 Pullen Depo.
Tr.)
407-7 Exhibit 7 to the DENIED.1 The parties have stipulated that
Declaration of Matthew this exhibit does not contain
M. Werdegar in support sealable material. See Stipulation
of Defendants' Motion at 2, ECF 430.
for Summary Judgment
(Excerpts from Space
Data's 7/13/2018
Amended Resp. to Rogs.
2, 4, 8, and 10)
407-8 Exhibit 8 to the DENIED. The parties have stipulated that
Declaration of Matthew this exhibit does not contain
M. Werdegar in support sealable material. See Stipulation
of Defendants' Motion at 2, ECF 430.
for Summary Judgment
(Excerpts from Meyer
Expert Rpt.)
407-10 Exhibit 9 to the DENIED. The parties have stipulated that
Declaration of Matthew this exhibit does not contain
M. Werdegar in support sealable material. See Stipulation
of Defendants' Motion at 2, ECF 430.
for Summary Judgment
(Excerpts from
7/11/2018 Knoblach
Depo. Tr.)
407-12 Exhibit 10 to the GRANTED as to the Contains confidential information
Declaration of Matthew portions identified about Google's business
M. Werdegar in support in Ex. A (to the development, practices, and
of Defendants' Motion parties' stipulation), strategy, including how Google
for Summary Judgment ECF 430-1. evaluates strategic partner
(Excerpts from relationships. Yaghmour Decl.
6/15/2018 Sacca Depo. ¶ 11, ECF 407-1. Public
Tr.) disclosure would expose Google
to competitive harm. Id.
n/a Exhibit 11 to the DENIED without The Court is unable to locate this
Declaration of Matthew prejudice. document in ECF.
M. Werdegar in support
of Defendants' Motion
for Summary Judgment
(12/10/2007 Sobota
Email and Attachment)
408-2 Exhibit 12 to the DENIED without The proposed redactions are not
Declaration of Matthew prejudice. narrowly tailored. Some of the
M. Werdegar in support information is part of the public
of Defendants' Motion record. See Ex. A (to the parties'
for Summary Judgment stipulation), ECF 430-1.
(Excerpts from 6/7/2018
Pearson Depo. Tr.)
408-4 Exhibit 13 to the GRANTED as to the Contains sensitive information
Declaration of Matthew portions identified in related to a third party. See
M. Werdegar in support Ex. A (to the Ritchie Decl. ¶ 5, ECF 420-1.
of Defendants' Motion parties' stipulation), Public disclosure may harm
for Summary Judgment ECF 430-1. current relationships between
(Excerpts from Space Data and third parties. Id.
5/16/2018 Barkley Depo.
Tr.)
408-5 Exhibit 15 to the GRANTED as to the Contains Space Data's proprietary
Declaration of Matthew portions identified in information, including purported
M. Werdegar in support Ex. A (to the parties' trade secrets. See Ritchie Decl.
of Defendants' Motion stipulation), ECF ¶ 6, ECF 420-1.
for Summary Judgment 430-1.
(Space Data's 5th Am.
2019.210 Disclosure)
408-6 Exhibit 17 to the DENIED. The parties have stipulated that
Declaration of Matthew this exhibit does not contain
M. Werdegar in support sealable material. See Stipulation
of Defendants' Motion at 2, ECF 430.
for Summary Judgment
(2/24/2008 Pearson
Email)
408-8 Exhibit 18 to the DENIED without The proposed redactions are not
Declaration of Matthew prejudice. narrowly tailored. Some of the
M. Werdegar in support information is part of the public
of Defendants' Motion record. See Ex. A (to the parties'
for Summary Judgment stipulation), ECF 430-1.
(Excerpts from
6/27/2018 Page Depo.
Tr.)
408-9 Exhibit 19 to the DENIED without The proposed redactions are not
Declaration of Matthew prejudice. narrowly tailored. Some of the
M. Werdegar in support information is part of the public
of Defendants' Motion record. See Ex. A (to the parties'
for Summary Judgment stipulation), ECF 430-1.
(6/6/2008 Alder Email)
408-10 Exhibit 20 to the DENIED without The proposed redactions are not
Declaration of Matthew prejudice. narrowly tailored. Some of the
M. Werdegar in support information is part of the public
of Defendants' Motion record. See Ex. A (to the parties'
for Summary Judgment stipulation), ECF 430-1.
(7/1/2008 Ingersoll
Email)
409-1 Exhibit 21 to the DENIED without The proposed redactions are not
Declaration of Matthew prejudice. narrowly tailored. Some of the
M. Werdegar in support information is part of the public
of Defendants' Motion record. See Ex. A (to the parties'
for Summary Judgment stipulation), ECF 430-1.
(Excerpts from
6/13/2018 Teller Depo.
Tr.)
409-3 Exhibit 22 to the DENIED without The proposed redactions are not
Declaration of Matthew prejudice. narrowly tailored. Some of the
M. Werdegar in support information is part of the public
of Defendants' Motion record. See Ex. A (to the parties'
for Summary Judgment stipulation), ECF 430-1.
(Excerpts from
7/19/2017 DeVaul Depo.
Tr.)
409-5 Exhibit 23 to the DENIED without The proposed redactions are not
Declaration of Matthew prejudice. narrowly tailored. Some of the
M. Werdegar in support information is part of the public
of Defendants' Motion record. See Ex. A (to the parties'
for Summary Judgment stipulation), ECF 430-1.
(Excerpts from
6/22/2018 Biffle Depo.
Tr.)
409-7 Exhibit 26 to the DENIED without The proposed redactions are not
Declaration of Matthew prejudice. narrowly tailored. Some of the
M. Werdegar in support information is part of the public
of Defendants' Motion record. See Ex. A (to the parties'
for Summary Judgment stipulation), ECF 430-1.
(Excerpts from 6/5/2018
Bray Depo. Tr.)
409-8 Exhibit 27 to the DENIED without The proposed redactions are not
Declaration of Matthew prejudice. narrowly tailored. Some of the
M. Werdegar in support information is part of the public
of Defendants' Motion record. See Ex. A (to the parties'
for Summary Judgment stipulation), ECF 430-1.
(Excerpt from X Project
List)
409-9 Exhibit 28 to the GRANTED as to the Contains confidential
Declaration of Matthew portions identified in communications about Google's
M. Werdegar in support Ex. A (to the parties' business and project development
of Defendants' Motion stipulation), ECF practices and contains confidential
for Summary Judgment 430-1. contact information for multiple
(5/17/2011 Thrun Email) Google employees. Yaghmour
Decl. ¶ 23, ECF 407-1. Public
disclosure would expose Google
to competitive harm. Id.
n/a Exhibit 30 to the DENIED without The Court is unable to locate this
Declaration of Matthew prejudice. document in ECF.
M. Werdegar in support
of Defendants' Motion
for Summary Judgment
(Excerpts from Space
Data's 12/15/2017
Amended Resp. to
Second Set of Rogs)
410-1 Exhibit 31 to the GRANTED as to the Contains proprietary technical
Declaration of Matthew portions identified in information regarding Google
M. Werdegar in support Ex. A (to the parties' Loon. Yaghmour Decl. ¶ 24, ECF
of Defendants' Motion stipulation), ECF 407-1. Public disclosure would
for Summary Judgment 430-1. expose Google to competitive
(Excerpts from Space harm. Id.
Data's 7/3/2018
Amended Resp. to Rogs. Contains Space Data's proprietary
14 & 21) information, including purported
trade secrets. See Ritchie Decl.
¶ 6, ECF 420-1.
410-2 Exhibit 32 to the GRANTED as to the Contains Space Data's proprietary
Declaration of Matthew portions identified in information, including purported
M. Werdegar in support Ex. A (to the parties' trade secrets. See Ritchie Decl.
of Defendants' Motion stipulation), ¶¶ 6-7, ECF 420-1.
for Summary Judgment ECF 430-1.
(Excerpts from Space
Data's 7/13/2018
Amended Resp. to Rogs.
12, 15, 16, 17, 19, 20 &
23)
410-3 Exhibit 33 to the DENIED. The parties have stipulated that
Declaration of Matthew this exhibit does not contain
M. Werdegar in support sealable material. See Stipulation
of Defendants' Motion at 2, ECF 430.
for Summary Judgment
(1/8/2008 Knoblach
Email)
410-4 Exhibit 34 to the DENIED without The proposed redactions are not
Declaration of Matthew prejudice. narrowly tailored. Some of the
M. Werdegar in support information is part of the public
of Defendants' Motion record. See Ex. A (to the parties'
for Summary Judgment stipulation), ECF 430-1.
(11/15/2010 Thrun
Email)
410-5 Exhibit 35 to the DENIED without The proposed redactions are not
Declaration of Matthew prejudice. narrowly tailored. Some of the
M. Werdegar in support information is part of the public
of Defendants' Motion record. See Ex. A (to the parties'
for Summary Judgment stipulation), ECF 430-1.
(11/15/2010 Page Email)
410-7 Exhibit 36 to the DENIED. The parties have stipulated that
Declaration of Matthew this exhibit does not contain
M. Werdegar in support sealable material. See Stipulation
of Defendants' Motion at 2, ECF 430.
for Summary Judgment
(8/4/2011 Thrun Email)
410-8 Exhibit 38 to the DENIED without The proposed redactions are not
Declaration of Matthew prejudice. narrowly tailored.
M. Werdegar in support
of Defendants' Motion
for Summary Judgment
(3/29/2011 Alder Email)
410-10 Exhibit 40 to the DENIED without The proposed redactions are not
Declaration of Matthew prejudice. narrowly tailored.
M. Werdegar in support
of Defendants' Motion
for Summary Judgment
(Excerpts from
5/11/2018 McCloskey
Depo. Tr.)
410-11 Exhibit 41 to the DENIED. The parties have stipulated that
Declaration of Matthew this exhibit does not contain
M. Werdegar in support sealable material. See Stipulation
of Defendants' Motion at 2, ECF 430.
for Summary Judgment
(Excerpts from Pullen
Opening Report)
410-13 Exhibit A to DENIED without The proposed redactions are not
Declaration of prejudice. narrowly tailored. Some of the
Robert J. Hansman in information is part of the public
support of Defendants' record. See Ex. A (to the parties'
Motion for Summary stipulation), ECF 430-1.
Judgment (Excerpts from
Hansman Expert Report)
B. ECF 439 (Plaintiffs motion re Opposition brief and exhibits
ECF No. Document to be Sealed: Result Reasoning
439-5 Space Data's GRANTED as to Contains Google's
Opposition to Google's 1:21-24; 2:4; confidential technical details
Motion for Summary 2:16-17; 2:25-27; and business strategy; refers
Judgment 27; 3:24-25; 3:27-4:1; to non-public projects.
4:3-6; 4:8-11; Bruns Decl. ¶ 6, ECF 470.
4:24-27; 4:29; 5:3-6;
5:8; 5:11-14; 5:17-20;
5:22-23-25; 5:27-6:6;
6:8-9; 6:12-15; 6:16;
6:23-26; 7:2-7:7;
7:10-12; 7:20-24;
8:19; 11:5-7; 11:16-20;
11:23-24; 12:25;
13:1; 13:10-11; 13:13-17;
13:22-14:2; 15:8-9;
22:2-12; 22:14-21;
23:9-15.
GRANTED as to 2:18-21; Contains Space Data's
4:20; 5:17-20; purported trade secrets.
5:22-23; 7:4; Ritchie Decl. ¶ 6, ECF 439-1.
11:16-19; 11:23;
13:1; 13:6-8; 8;
13:18; 13:20-22.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
440-2 11/5/2007 Alder email GRANTED as to entire Refers to Google's non-public
Ex. #42 (GOOG-SD-00156977) document. projects. Bruns Decl.
¶ 16.
440-4 8/23/2007 Sacca email GRANTED as to entire Refers to Google's non-public
Ex. #43 (GOOG-SD-00143255) document. projects. Bruns Decl.
¶ 16.
440-6 11/29/2007 Ingersoll GRANTED as to entire Discusses Google's business
Ex. #44 email document. strategy, refers to Google's
(GOOG-SD-00144436) non-public projects. Bruns
Decl. ¶ 16.
440-6 12/4/2007 Sacca email GRANTED as to blue Discusses Google's business
Ex. #44 (GOOG-SD-00291760) highlighted portion. strategy. Bruns Decl. ¶ 16.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
440-6 12/4/2007 Sacca email GRANTED as to contents Contains Google's business
Ex. #44 (GOOG-SD-00144569-71) of emails time strategy; contains personal
stamped 13:41, employee contact
11:42, 11:21; and information. Bruns Decl.
10:54; phone numbers. ¶¶ 16, 22.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
440-6 12/18/2017 Conrad GRANTED as to entire Contains Google's business
Ex. #44 email document. strategy, refers to non-public
(GOOG-SD-00291904) projects. Bruns Decl. ¶ 16.
440-8 Exhibit 45 to Space DENIED. Google, the designating
Ex. #45 Data's opposition party, does not seek to seal
brief this document.
440-10 12/4/2007 Pearson GRANTED as to Contains personal employee
Ex. #46 email signature block. contact information. Bruns
(GOOG-SD-00144564) Decl. ¶ 22.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
440-12 Exhibit 47 to Space DENIED. Google, the designating
Ex. #47 Data's opposition brief party, does not seek to seal
this document.
440-14 12/19/2007 Ingersoll GRANTED as to entire Contains Google's
Ex. #48 email document. confidential business
(GOOG-SD-00144832) strategy, refers to non-public
projects. Bruns Decl. ¶ 16.
440-14 2/12/2008 Ingersoll GRANTED as to Contains Google's
Ex. #48 email text after and confidential business
(GOOG-SD-00157387) "(3) Potential uses" strategy. Bruns Decl. ¶ 16.
before "I'm going to
schedule."
GRANTED as to yellow Contains Space Data's
highlighted portions. proprietary technological
information and competitive
cost data. Ritchie Decl. ¶ 8.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
440-16 2/12/2008 Ingersoll GRANTED Contains Google's
Ex. #49 email as to text after and confidential business
(GOOG-SD-00157387) "(3) Potential uses" strategy. Bruns Decl. ¶ 16.
before "I'm going to
schedule."
GRANTED as to yellow Contains Space Data's
highlighted portions. proprietary technological
information and competitive
cost data. Ritchie Decl. ¶ 8.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
440-18 Space Data wiki GRANTED as to entire Contains Google's
Ex. #50 (GOOG-SD-00081024-26) document. confidential business
strategy (same document as
in Exs. 55 & 113). Bruns
Decl. ¶ 16.
441-2 Exhibit 51 to Space GRANTED as to yellow Contains Space Data's
Ex. #51 Data's opposition brief highlighted portions. proprietary technological
information and competitive
cost data. Ritchie Decl. ¶ 8.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
441-4 Exhibit 42 to Space DENIED. Google, the designating
Ex. #52 Data's opposition brief party, does not seek to seal
this document.
441-6 Exhibit 53 to Space GRANTED as to yellow Contains Space Data's
Ex. #53 Data's opposition brief highlighted portions. proprietary technological
information and competitive
cost data. Ritchie Decl. ¶ 8.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
441-8 2/12/2008 Ingersoll GRANTED as to text Contains Google's
Ex. #54 email after "Phil"; and confidential business
(GOOG-SD-00145618) before "On strategy. Bruns Decl. ¶ 16.
2/12/08"; text after
"(3) Potential uses."
GRANTED as to yellow Contains Space Data's
highlighted portions. proprietary technological
information and competitive
cost data. Ritchie Decl. ¶ 8.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
441-10 2/13/2008 Gossett email GRANTED as to text Contains Google's
Ex. #55 (GOOG-SD-00145771) after "how we might confidential business
user this stuff," and strategy. Bruns Decl. ¶ 16.
before "-Phil"; text
after "Phil-" and before
"On 2/12/08"; text after
"(3) Potential uses" and
before "I'm going to
schedule."
GRANTED as to yellow Contains Space Data's
highlighted portions. proprietary technological
information and competitive
cost data. Ritchie Decl. ¶ 8.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
441-10 Space Data wiki GRANTED as to entire Contains Google's
Ex. #55 (GOOG-SD-00081024) document. confidential business
strategy (same document as
in Exs. 55 & 113). Bruns
Decl. ¶ 16.
441-12 2/12/2008 Conrad email GRANTED as to URL in Contains Google's
Ex. #56 (GOOG-SD-00145633-34) the thread's top confidential business
email; Text strategy. Bruns Decl. ¶ 16.
after "(3) Potential
uses" and before
"I'm going to
schedule."
GRANTED as to yellow Contains Space Data's
highlighted portions. purported trade secrets.
Ritchie Decl. ¶ 7.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
441-14 Exhibit 57 to Space DENIED. Google, the designating
Ex. #57 Data's opposition brief party, does not seek to seal
this document.
441-16 Exhibit 58 to Space DENIED. Google, the designating
Ex. #58 Data's opposition brief party, does not seek to seal
this document.
441-18 Exhibit 59 to Space DENIED. Google, the designating
Ex. #59 Data's opposition brief party, does not seek to seal
this document.
441-20 Exhibit 60 to Space GRANTED as to entire Contains Space Data's
Ex. #60 Data's opposition brief document. purported trade secrets.
Ritchie Decl. ¶ 6.
442-2 Exhibit 61 to Space GRANTED as to entire Contains Space Data's
Ex. #61 Data's opposition brief document. purported trade secrets.
Ritchie Decl. ¶ 6.
442-4 Photograph GRANTED as to entire Concerns personal privacy
Ex. #62 (GOOG-SD-00293623) document. issues. Bruns Decl. ¶ 19.
442-6 Photograph GRANTED as to entire Concerns personal privacy
Ex. #63 (GOOG-SD-00293636) document. issues. Bruns Decl. ¶ 19.
442-8 Photograph GRANTED as to entire Concerns personal privacy
Ex. #64 (GOOG-SD-00293637) document. issues. Bruns Decl. ¶ 19.
442-10 Exhibit 65 to Space DENIED. Google, the designating
Ex. #65 Data's opposition brief. party, does not seek to seal
this document.
442-12 Exhibit 66 to Space DENIED. Google, the designating
Ex. #66 Data's opposition brief party, does not seek to seal
this document.
442-14 3/6/2018 Day email GRANTED as to Concerns personal privacy
Ex. #67 (GOOG-SD-00074338-41) photographs at issues. Bruns Decl. ¶ 19.
GOOG-SD-00074339;
email signature
at GOOG-SD-00074341.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
442-16 Exhibit 68 to Space DENIED. Google, the designating
Ex. #68 Data's opposition brief party, does not seek to seal
this document.
442-18 Photograph GRANTED as to entire Concerns personal privacy
Ex. #69 (GOOG-SD-00293636) issues. Bruns Decl. ¶ 19.
document.
442-20 Photograph GRANTED as to entire Concerns personal privacy
Ex. #70 (GOOG-SD-00293636) document. issues. Bruns Decl. ¶ 19.
442-22 Exhibit 71 to Space DENIED. Google, the designating
Ex. #71 Data's opposition brief party, does not seek to seal
this document.
442-24 Exhibit 72 to Space DENIED. Google, the designating
Ex. #72 Data's opposition brief party, does not seek to seal
this document.
442-26 Exhibit 73 to Space DENIED. Google, the designating
Ex. #73 Data's opposition brief party, does not seek to seal
this document.
442-28 Exhibit 74 to Space GRANTED as to yellow Contains Space Data's
Ex. #74 Data's opposition brief highlighted portions. purported trade secrets.
Ritchie Decl. ¶ 6.
442-30 2/21/2008 Ingersoll GRANTED as to URL; Discusses Google's business
Ex. #76 email all text after Space strategy. Bruns Decl. ¶ 16.
(GOOG-SD-00146089) Data bullet points.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
442-32 2/21/2008 Ingersoll GRANTED as to four Discusses Google's business
Ex. #77 email bullet points strategy. Bruns Decl. ¶ 16.
(GOOG-SD-00146100) following "(we are
unhappy about article");
URL; all text after final
blue highlighted portion.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
442-34 2/14/2008 Ingersoll GRANTED as to first Discusses Google's business
Ex. #78 email two "Action items"; strategy and non-public
(GOOG-SD-00145823-24) all text between projects. Bruns Decl. ¶ 16.
"Sprint PCS, etc."
and "Space Data:".
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
442-36 Exhibit 79 to Space DENIED. Google, the designating
Ex. #79 Data's opposition brief party, does not seek to seal
this document.
442-38 7/2/2008 Ingersoll GRANTED as to entire Discusses Google's business
Ex. #80 email document. strategy and non-public
(GOOG-SD-00146295) projects. Bruns Decl. ¶ 16.
443-2 7/7/2008 Ingersoll GRANTED as to entire Discusses Google's business
Ex. #81 email document. strategy and non-public
(GOOG-SD-00146315) projects. Bruns Decl. ¶ 16.
443-4 Exhibit 82 to Space DENIED. Google, the designating
Ex. #82 Data's opposition brief party, does not seek to seal
this document.
443-6 Excerpts from GRANTED as to yellow Refers to Google's non-public
Ex. #83 5/22/2018 Ingersoll and green highlighted projects. Bruns Decl.
Depo. Tr. portions. ¶ 8.
443-8 Excerpt from X Project GRANTED as to entire Refers to Google's non-public
Ex. #84 List (GOOG-SD-00292312) document. projects. Bruns Decl.
¶ 16.
443-10 11/14/2010 Thrun email GRANTED as to entire Discusses Google's business
Ex. #85 (GOOG-SD-00288344) document. strategy. Bruns Decl. ¶ 16.
443-12 8/4/2011 Thrun email GRANTED as to Discusses Google's business
Ex. #86 (GOOG-SD-00288350-552) entirety of strategy. Bruns Decl. ¶ 16.
first page except
for large
text at bottom.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
443-14 2/15/2011 Medin email GRANTED as to entire Discusses Google's business
Ex. #87 (GOOG-SD-00158033) document. strategy and non-public
projects. Bruns Decl. ¶ 16.
443-16 Excerpts of 6/19/2017 GRANTED as to yellow Discusses confidential
Ex. #88 DeVaul Depo. Tr. highlighted portions. development of Loon.
Bruns Decl. ¶ 12.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
443-18 Exhibit 90 to Space DENIED. Google, the designating
Ex. #90 Data's opposition brief party, does not seek to seal
this document.
443-20 Exhibit 91 to Space DENIED. Google, the designating
Ex. #91 Data's opposition brief party, does not seek to seal
this document.
443-22 Cover page and GRANTED as to the entire Concerns confidential
Ex. #92 spreadsheet document. development of Loon.
(GOOG-SD-00085581) Bruns Decl. ¶ 15.
443-24 Excerpts of 6/19/2018 GRANTED as to yellow Discusses confidential
Ex. #93 Candido 30(b)(6) Depo. highlighted portions. development of Loon.
Tr. Bruns Decl. ¶ 13.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
443-26 Exhibit 94 to Space DENIED. Google, the designating
Ex. #94 Data's opposition brief party, does not seek to seal
this document.
443-28 Excerpts of 7/19/2017 GRANTED as to yellow Discusses confidential
Ex. #95 DeVaul Depo. Tr. highlighted portions. development of Loon.
Bruns Decl. ¶ 12.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
443-30 Exhibit 96 to Space DENIED. Google, the designating
Ex. #96 Data's opposition brief party, does not seek to seal
this document.
443-32 8/11/2011 McCloskey GRANTED as to text Refers to Google's non-public
Ex. #97 email after "2008 projects, business
(GOOG-SD-00158436-37; interaction was." strategy. Bruns Decl. ¶ 16.
second document before "Larry Alder
in the exhibit) can"; Text after "away
from them." and before
"My conclusions from";
three-word
parenthetical
at the end of
bullet number 4.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
443-32 8/12/2011 DeVaul email GRANTED as to top Refers to Google's non-public
Ex. #97 (GOOG-SD-00158438-40) email in this thread: projects, business
entire body of strategy. Bruns Decl. ¶ 16.
the message;
Second email in this
thread: Text after "2008
interaction was." and
before "Larry Alder can";
Text after "away from
them." and before "My
conclusions from";
three-word parenthetical
at the end of bullet
number 4.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
443-32 8/12/2011 Gossett email GRANTED as to entire Discusses confidential
Ex. #97 (GOOG-SD-00288357-58) document. technical details. Bruns
Decl. ¶ 15.
443-32 8/15/2011 Alder email GRANTED as to top Refers to Google's non-public
Ex. #97 (GOOG-SD-00158441-43) email in this tread: projects, business
entire body of strategy. Bruns Decl. ¶ 16.
message;
Second email in this
thread: entire body of
message; Third email in
this thread: Text after
"2008 interaction was."
and before "Larry Alder
can"; Text after "away
from them." and before
"My conclusions from";
three-word parenthetical
at the end of
bullet number 4.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
442-32 8/16/2011 DeVaul email GRANTED as to top Refers to Google's non-public
Ex. #97 (GOOG-SD-00158444-47) email in this projects, business
thread: entire strategy. Bruns Decl. ¶ 16.
body of message;
Second email in this
tread: entire body of
message; Third email in
this thread: entire body
of message; Fourth email
in this thread:
Text after "2008
interaction was." and
before "Larry Alder
can"; Text after
"away from them." and
before "My conclusions
from"; three-word
parenthetical at the end
of bullet number 4.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
443-32 8/18/2011 Alder email GRANTED as to top Refers to Google's non-public
Ex. #97 (GOOG-SD-00158448-51) email in this thread: projects, business
entire body of message; strategy. Bruns Decl. ¶ 16.
Second email in this
tread: ENTIRE BODY OF
MESSAGE; Third email in
this thread:
entire body of message;
Fourth email in this
thread: entire body
of message; Fifth email
in this thread: Text
after "2008 interaction
was." and before "Larry
Alder can"; Text after
"away from them." and
before "My conclusions
from"; three-word
parenthetical at the end
of bullet number 4.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
443-32 10/3/2011 Ingersoll GRANTED as to text Reveals Loon's method of
Ex. #97 email after "sounds very analyzing market and
(GOOG-SD-00146533) promising" business (Same document as
and before Exs. 97 & 108). Bruns Decl.
"I suggest that we"; ¶ 16.
URL.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
443-34 McCloskey's "Google GRANTED as to entire Refers to Google's non-public
Ex. #98 Resume" document. projects. Bruns Decl.
(GOOG-SD-00222827, ¶ 16.
35-36)
443-36 Excerpts from GRANTED as to 217:9 Refers to Google's non-public
Ex. #99 5/11/2018 McCloskey (text before "and projects. Bruns Decl.
Depo. Tr. generally"). ¶ 14.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
443-38 10/3/2011 Ingersoll GRANTED as to text Reveals Loon's method of
Ex. #100 email after "sounds very analyzing market and
(GOOG-SD-00146533) promising" and before business (Same document as
"I suggest that we"; Exs. 97 and 108). Bruns
URL. Decl. ¶ 16.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
444-1 Exhibit 101 to Space DENIED. Google, the designating
Ex. #101 Data's opposition brief party, does not seek to seal
this document.
444-3 Exhibit 102 to Space DENIED. Google, the designating
Ex. #102 Data's opposition brief party, does not seek to seal
this document.
444-5 Presentation GRANTED as to entire Contains Google's
Ex. #103 (GOOG-SD-00146875-87) document. confidential technical
details, business strategy.
Bruns Decl. ¶¶ 15, 16.
444-7 Exhibit 104 to Space GRANTED as to the Contains Space Data's
Ex. #104 Data's opposition brief green and yellow purported trade secrets.
highlighted Ritchie Decl. ¶ 7.
portions.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
444-9 Excerpts from GRANTED as to yellow Discusses confidential
Ex. #105 7/19/2017 DeVaul and green highlighted development of Loon.
Depo. Tr. portions. Bruns Decl. ¶ 12.
444-11 Excerpts from GRANTED as to yellow Discusses confidential
Ex. #106 7/19/2017 DeVaul and green highlighted development of Loon.
Depo. Tr. portions. Bruns Decl. ¶ 12.
444-13 9/27/2011 Ingersoll GRANTED as to entire Discusses confidential
Ex. #107 email document. development of Loon.
(GOOG-SD-00146531) Bruns Decl. ¶ 15.
444-15 10/3/2011 Ingersoll GRANTED as to text Reveals Loon's method of
Ex. #108 email after "sounds very analyzing market and
(GOOG-SD-00146533) promising" and before "I suggest thatbusiness (Same as Exs. 97
we"; URL. and 100). Bruns Decl. ¶ 16.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
444-17 Cover page and GRANTED as to entire Contains Google's
Ex. #109 spreadsheet document. confidential technical
(GOOG-SD-00146534) details. Bruns Decl. ¶ 15.
444-19 Excerpts from 6/7/2018 GRANTED as to yellow Contains Google's
Ex. #110 Pearson Depo. Tr. and green highlighted confidential business
portions. strategy. Bruns Decl. ¶ 10.
444-21 Google's Amended GRANTED as to 2:3-7; Contains confidential access
Ex. #111 Supplemental Response 2:20-24; 3:2-6; logs. Bruns Decl. ¶ 23.
to Plaintiffs 3:10-4:3; 4:5.
Interrogatory No. 29
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
444-23 2/19/2015 Erickson GRANTED as to entire Discusses confidential
Ex. #112 email document. technical details; Bruns
(GOOG-SD-00193883) Decl. ¶ 15.
444-23 5/5/2014 email GRANTED as to text Discusses confidential
Ex. #112 (GOOG-SD-00178837) under the heading technical details; Bruns
"Optical Decl. ¶ 15.
communications" both
times it appears;
text after
"Miscellaneous. Update"
and before "-Ed."
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
444-25 Space Data wiki GRANTED as to entire Contains Google's
Ex. #113 (GOOG-SD-00081024-26) document. confidential business
strategy (same document as
in Exs. 55 & 113). Bruns
Decl. ¶ 16.
444-27 2/12/2008 Ingersoll GRANTED as to text Contains Google's
Ex. #114 email after "(3) Potential and confidential business
(GOOG-SD-00157387) uses" before "I'm strategy. Bruns Decl. ¶ 16.
going to schedule."
GRANTED as to yellow Contains Space Data's
highlighted portions. proprietary technological
information and competitive
cost data. Ritchie Decl. ¶ 8.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
444-27 2/21/2008 Ingersoll GRANTED as to URL; all Discusses Google's business
Ex. #114 email text after Space strategy. Bruns Decl. ¶ 16.
(GOOG-SD-00146089) Data bullet points.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
444-29 Exhibit 126 to Space DENIED. Google, the designating
Ex. #126 Data's opposition brief party, does not seek to seal
this document.
444-31 Exhibit 131 to Space GRANTED as to entire Contains Space Data's
Ex. #131 Data's opposition brief document. purported trade secrets.
Ritchie Decl. ¶ 7.
444-33 Exhibit 132 to Space GRANTED as to yellow Contains Space Data's
Ex. #132 Data's opposition brief highlighted portions. purported trade secrets.
Ritchie Decl. ¶ 6.
444-35 Exhibit 133 to Space GRANTED as to entire Contains Space Data's
Ex. #133 Data's opposition brief document. purported trade secrets.
Ritchie Decl. ¶ 7.
444-37 Exhibit 134 to Space GRANTED as to Contains Space Data's
Ex. #134 Data's opposition brief green and purported trade secrets.
yellow highlighted Ritchie Decl. ¶ 6.
portions.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
453-1 Exhibit 135 to Space GRANTED as to the Contains Space Data's
Ex. #135 Data's opposition brief highlighted portions. purported trade secrets.
Ritchie Decl. ¶ 6.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
444-39 Exhibit 138 to Space DENIED. Google, the designating
Ex. #138 Data's opposition party, does not seek to seal
brief this document.
453-3 12/5/2007 Sacca email GRANTED as to entire Contains Google's
Ex. #139 (GOOG-SD-00144572) document. confidential business
strategy. Bruns Decl. ¶ 16.
453-3 12/13/2007 Ingersoll GRANTED as to text Refers to Google's non-public
Ex. #139 email after "Alder: projects. Bruns Decl.
(GOOG-SD-00144695-97) Double-check" and ¶ 16.
before "Minnie (and
team)"; text after
"Space Data!" on
GOOG-SD-00144695
and before
"Space Data" on
GOOG-SD-00144697.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
453-3 1/23/2008 Pearson GRANTED as to entire Contains Google's
Ex. #139 email document. confidential business
(GOOG-SD-00145312) strategy. Bruns Decl. ¶ 10.
444-41 Excerpts from GRANTED as to yellow Contains Google's
Ex. #140 5/22/2018 Ingersoll and green highlighted confidential business
Depo. Tr. portions. strategy. Bruns Decl. ¶ 8.
445-1 Excerpts from GRANTED as to yellow Contains Google's
Ex. #141 5/18/2018 Alder and green highlighted confidential business
Deposition portions. strategy. Bruns Decl. ¶ 9.
445-1 Excerpts from GRANTED as to yellow Contains Google's
Ex. #141 7/23/2018 Brin Depo. highlighted portions. confidential business
Tr. strategy. Bruns Decl. ¶ 11.
445-1 Excerpts from 6/1/2018 GRANTED as to yellow Contains Google's
Ex. #141 Conrad Depo. Tr. and green highlighted confidential business
portions. strategy. Bruns Decl. ¶ 9.
445-1 Excerpts from GRANTED as to yellow Contains Google's
Ex. #141 5/22/2018 Ingersoll and green highlighted confidential business
Depo. Tr. portions. strategy. Bruns Decl. ¶ 9.
445-1 Excerpts from GRANTED as to yellow Contains Google's
Ex. #141 5/11/2018 McCloskey and green highlighted confidential business
Depo. Tr. portions. strategy. Bruns Decl. ¶ 14.
445-1 Excerpts of 6/27/2018 GRANTED as to yellow Contains Google's
Ex. #141 Page Depo. Tr. and green highlighted confidential business
portions. strategy. Bruns Decl. ¶ 11.
445-1 Excerpts from 6/7/2018 GRANTED as to yellow Contains Google's
Ex. #141 Pearson Depo. Tr. and green highlighted confidential business
portions. strategy. Bruns Decl. ¶ 10.
445-3 12/14/2007 Weisenberg GRANTED as to Contains personal employee
Ex. email signature block on contact information. Bruns
#142 (GOOG-SD-00144803) GOOG-SD-00144804. Decl. ¶ 22.
GRANTED as to yellow Contains Space Data's
and green highlighted purported trade secrets.
portions. Ritchie Decl. ¶ 7.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
445-3 12/14/2007 Weisenberg GRANTED as to Contains personal employee
Ex. email attaching SDC signature contact information. Bruns
#142 financials block on Decl. ¶ 22.
(GOOG-SD-00144725) GOOG-SD-00144726.
GRANTED as to yellow Contains Space Data's
and green highlighted purported trade secrets.
portions. Ritchie Decl. ¶ 7.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
453-5 Exhibit 144 to Space GRANTED as to yellow Contains Space Data's
Ex. #144 Data's opposition brief and green highlighted purported trade secrets.
portions. Ritchie Decl. ¶ 6.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
445-5 Exhibit 145 to Space GRANTED as to all Contains Space Data's
Ex. #145 Data's opposition brief pictures but purported trade secrets.
the last picture. Ritchie Decl. ¶ 6.
DENIED as to the last Neither party seeks to seal
picture. the last picture.
445-7 Exhibit 146 to Space GRANTED as to entire Contains Space Data's
Ex. #146 Data's opposition brief document. purported trade secrets.
Ritchie Decl. ¶ 6.
445-9 "The Deal with Photon GRANTED as to entire Discusses confidential
Ex. #147 Harvesting" document. technical details; Bruns
(GOOG-SD-00293210) Decl. ¶ 15.
445-11 "The Deal with Photon GRANTED as to entire Discusses confidential
Ex. Harvesting" document. technical details; Bruns
#148 (GOOG-SD-00293196) Decl. ¶ 15.
445-13 Exhibit 149 to Space GRANTED as to entire Contains Space Data's
Ex. #149 Data's opposition brief document. purported trade secrets.
Ritchie Decl. ¶ 6.
454-2 Photos of Loon payload GRANTED as to entire Contains confidential
Ex. #150 (SD 826618; document. technical details; Bruns
SD 826920; Decl. ¶ 15.
SD 826628;
SD 826629)
445-15 Schematic of GRANTED as to entire Contains confidential
Ex. communications node; document. technical details; Bruns
#151 photos of same Decl. ¶ 15.
(GOOG-SD-00063365;
SD 826515;
SD 826549;
SD 826553;
SD 826487;
GOOG-SD-00062577)
445-17 Exhibit 152 to Space GRANTED as to entire Contains Space Data's
Ex. #152 Data's document. purported trade secrets.
opposition brief. Ritchie Decl. ¶ 6.
445-19 Exhibit 153 to Space GRANTED as to entire Contains Space Data's
Ex. #153 Data's opposition document. purported trade secrets.
brief Ritchie Decl. ¶ 6.
445-21 Project Daedalus flight GRANTED as to entire Contains confidential
Ex. log (GOOG-SD-00067410) document. technical details; Bruns
#154 Decl. ¶ 15.
445-23 Screenshots; Loon GRANTED as to entire Contains confidential
Ex. #155 Power Consumption document. technical details; Bruns
details Decl. ¶ 15.
(GOOG-SD-00295967;
GOOG-SD-00295974;
GOOG-SD-00295972;
GOOG-SD-00002915)
445-25 Screenshots; Training GRANTED as to entire Contains confidential
Ex. presentation document. technical details; Bruns
#156 (GOOG-SD-00295971; Decl. ¶ 15.
GOOG-SD-00138074)
445-27 Loon incident report GRANTED as to entire Contains confidential
Ex. #157 (GOOG-SD-00209393) document. technical details; Bruns
Decl. ¶ 15.
445-29 Hansman Rebuttal GRANTED as to rit 343, Contains confidential
Ex. #158 Report 345. technical details, business
strategy. Bruns Decl. ¶ 17.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
445-31 Exhibit 159 to Space DENIED. Google, the designating
Ex. #159 Data's opposition brief party, does not seek to seal
this document.
445-33 Exhibit 160 to Space DENIED. Google, the designating
Ex. #160 Data's opposition brief party, does not seek to seal
this document.
446-1 Exhibit 161 to Space DENIED. Google, the designating
Ex. #161 Data's opposition brief party, does not seek to seal
this document.
446-3 Hansman Rebuttal GRANTED as to itit 10, Contains Google's
Ex. #162 Report 341-59, 362, 367, 381. confidential technical
details, business strategy.
Bruns Decl. ¶ 17.
GRANTED as to Discusses Space Data's
highlighted portions. purported trade secrets.
Ritchie Decl. ¶ 6.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
446-5 Exhibit 165 to Space GRANTED as to Discusses Space Data's
Ex. #165 Data's opposition brief highlighted portions. purported trade secrets.
Ritchie Decl. ¶ 7.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
446-7 Exhibit 167 to Space DENIED. Google, the designating
Ex. #167 Data's opposition brief party, does not seek to seal
this document.
446-9 Exhibit 170 to Space DENIED. Google, the designating
Ex. #170 Data's opposition brief party, does not seek to seal
this document.
446-11 Exhibit 172 to Space DENIED. Google, the designating
Ex. #172 Data's opposition brief party, does not seek to seal
this document.
447-1 Joint letter brief re: GRANTED as to yellow Contains confidential
Ex. #176 motion to strike Pullen highlighted portions. technical details (previously
ordered sealed, see Dkt. No.
391). Bruns Decl. ¶ 18.
447-3 Order Granting in part GRANTED as to yellow Contains confidential
Ex. #177 and Denying in part highlighted portions. technical details; Bruns
Google's Motion to Decl. ¶ 18.
Strike; Order Granting
Google's
Administrative Motions
to Seal
452-24 Exhibit 180 to Space DENIED. This document was filed
Ex. #180 Data's opposition brief publicly, see ECF 452-24,
and Google, the designating
party, does not seek to seal
this document.
447-5 Excerpt from Appendix GRANTED as to entire Contains confidential
Ex. #181 A to Pullen Report document. technical details; Bruns
Decl. ¶ 7.
447-7 Excerpt from Appendix GRANTED as to entire Contains confidential
Ex. #183 A to Pullen Report document except technical details; Bruns
¶ 304. Decl. ¶ 7.
DENIED as to Google, the designating
¶ 304. party, does not seek to seal
¶ 304.
447-9 Excerpt from Appendix GRANTED as to entire Contains confidential
Ex. #186 A to Pullen Report document except technical details; Bruns
¶ 304. Decl. ¶ 7.
DENIED as to Google, the designating
¶ 304. party, does not seek to seal
¶ 304.
453-7 Excerpt from Appendix GRANTED as to the Contains confidential
Ex. #188 A to Pullen Report entire document technical details; Bruns
283-86, except Decl. ¶ 7.
¶¶ 290.
DENIED as to Google, the designating
¶¶ 283-86, party, does not seek to seal
290. ¶¶ 283-86, 290.
447-11 Excerpt from Appendix GRANTED as to entire Contains confidential
Ex. A to Pullen Report document. technical details; Bruns
#189 Decl. ¶ 7.
447-11 "Field guide" memo GRANTED as to entire Contains confidential
Ex. #189 (GOOG-SD-0135538) document. technical details; Bruns
Decl. ¶ 7.
447-13 Excerpt from Appendix GRANTED as to entire Contains confidential
Ex. #190 A to Pullen Report document. technical details; Bruns
Decl. ¶ 7.
453-9 Excerpt from Appendix GRANTED as to entire Contains confidential
Ex. A to Pullen Report document. technical details; Bruns
#191 Decl. ¶ 7.
447-15 Excerpt from Appendix GRANTED as to entire Contains confidential
Ex. #192 A to Pullen Report document. technical details; Bruns
Decl. ¶ 7.
447-15 Presentation GRANTED as to entire Contains confidential
Ex. (GOOG-SD-00072281) document. technical details; Bruns
# 192 Decl. ¶¶ 7, 15.
447-17 Excerpt from Appendix GRANTED as to entire Contains confidential
Ex. to Pullen Report document. technical details; Bruns
#193A Decl. ¶ 7.
447-17 Excerpts from Yellow and green Contains confidential
Ex. #193 6/19/2018 Candido highlighted portions technical details; Bruns
30(b)(6) Depo. Tr. Decl. ¶ 20.
453-11 Excerpt from Appendix GRANTED as to entire Contains confidential
Ex. A to Pullen Report document. technical details; Bruns
#195 Decl. ¶ 7.
447-19 Excerpts of 5/24/2018 GRANTED as to Contains confidential
Ex. Cassidy Depo. Tr. testimony on page 30. technical details; Bruns
#196 Decl. ¶ 13.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
447-19 Excerpts of 6/19/2017 GRANTED as to Contains confidential
Ex. #196 DeVaul Depo. Tr. testimony on pages technical details; Bruns
Tr. 110-12. Decl. ¶ 12.
DENIED as to the Google, the designating
remainder. party, does not seek to seal
the remainder.
447-19 Nov. 29 Presentation GRANTED as to entire Contains confidential
Ex. (GOOG-SD-00003687) document. technical details and
#196 business strategy; Bruns
Decl. ¶ 15.
447-21 Project Loon Q1 18 GRANTED as to entire Contains confidential
Ex. Discussion document. financial information; Bruns
#197 Decl. ¶ 21.
447-21 Loon Historical P&L GRANTED as to entire Contains confidential
Ex. #197 document. financial information; Bruns
Decl. ¶ 21.
C. ECF 466 (Defendants' motion re Reply brief and exhibits)
ECF Document to be Sealed: Result Reasoning
No.
466-4 Google's Reply in GRANTED as to Contains Defendants' confidential
Support of its 1:10-11, 1:14-15, information related to the details
Motion for Summary 1:22, 2:12-26, about the design and operation of
Judgment 9:22, 10:1-5, 10:7, Loon's navigational systems, as
12:19-20, 15:17-21. well as confidential information
about Google's business
development, practices, and
strategy. Yaghmour Decl. ¶ 8,
ECF 466-1.
GRANTED as to Discusses Space Data's
13:5-6, 14:21-23. proprietary information, including
purported trade secrets. Knoblach
Decl. ¶¶ 5, 6, ECF 472-2.
466-6 Exhibit 200 to the GRANTED as to Contains Defendants' confidential
Declaration of Matthew ¶¶ 306, information related to the details
M. Werdegar in support 308-310. about the design and operation of
of Defendants' Reply in Loon's navigational systems.
Support of it Motion Yaghmour Decl. ¶ 9. Disclosure
for Summary Judgment of this information may have
("Werdegar Decl.") significant negative effects on
(Excerpts from Ex. A to Defendants' business. Id.
Pullen Opening Rpt.)
466-7 Exhibit 202 to Werdegar GRANTED as to entire Contains Defendants' confidential
Decl. (Excel document. information related to Loon's
spreadsheet) technical development, as well as
confidential information about
Google's business development,
practices, and strategy, and
references to the methods
Google's X uses to select projects
for development. Yaghmour Decl.
¶ 10. Disclosure of this
information may have significant
negative effects on Defendants'
business. Id.
466-8 Exhibit 203 to Werdegar GRANTED as to entire Contains Defendants' confidential
Decl. (Screenshot from document. information related to Loon's
Excel spreadsheet) technical development, as well as
confidential information about
Google's business development,
practices, and strategy, and
references to the methods
Google's X uses to select projects
for development. Yaghmour Decl.
¶ 11. Disclosure of this
information may have significant
negative effects on Defendants'
business. Id.
466-9 Exhibit 205 to Werdegar GRANTED as to entire Contains Defendants' confidential
Decl. (Document titled document. information related to Loon's
"The Deal with Photon technical development.
Harvesting") Yaghmour Decl. ¶ 12. Disclosure
of this information may have
significant negative effects on
Defendants' business. Id.
466-11 Exhibit 206 to Werdegar GRANTED as to Contains Defendants' confidential
Decl. (Excerpts of the highlighted information related to Loon's
Expert Report of portions of technical development, as well as
Christine S. Meyer, ¶¶ 51, 52, confidential information about
Ph.D.) 218, 219. Google's business development,
practices, and strategy, and
references to the methods
Google's X uses to select projects
for development. Yaghmour Decl.
¶ 13.
GRANTED as to the Discusses Space Data's
portions of this proprietary information, including
document outlined by purported trade secrets. Knoblach
Space Data in red at Decl. ¶ 5.
ECF 472-1.
DENIED as to the Space Data, the designating party,
remainder. does not seek to seal the remainder
of this document.
III. CONCLUSION
For the foregoing reasons, the sealing motions at ECF 415, 416, 439, and 466 are GRANTED IN PART, DENIED IN PART with prejudice, and DENIED IN PART without prejudice. For any document that has been denied sealing without prejudice, the designating party may renew its request for sealing by submitting more narrowly tailored redactions and supporting declaration(s). Any renewed request must be filed on or before May 14, 2019. If no renewed request is filed by that date, the sealing request will be denied with prejudice.
For any request that has been denied with prejudice and the properly unredacted or lesser redacted document consistent with this order has not been filed, the submitting party must file the unredacted (or lesser redacted) documents into the public record no earlier than 4 days and no later than 10 days from the filing of this order. Civ. L.R. 79-5(e)(2).
IT IS SO ORDERED.
