Court filing
Order. Signed 3/21/2023 by Judge Edward M Chen granting 150… — Brooks v. Thomson Reuters Corporation (Dkt. 178)
Summary
Document 178, filed 03/21/23 in Case 3:21-cv-01418-EMC (Brooks v. Thomson Reuters Corporation, N.D. Cal.), is an order granting Defendant Thomson Reuters' Administrative Motion to File Under Seal Confidential Information, with the date March 21, 2023 above the signature line for Hon. Edward M. Chen; the text is headed [PROPOSED] and still shows struck XXXXXXX placeholders. It recites that the Court considered the Sealing Motion, its exhibits and the Sealing Declarations of Anna Mouw Thompson and Kevin Appold, and finds good cause and compelling reasons to seal. The order lists items sealed in their entirety, including individual reports for Plaintiffs, an internal credentialing handbook, a customer spreadsheet, search logs and account certification forms, and lists portions of Thomson Reuters' Opposition brief, declarations and expert report exhibits sealed in part.
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Cite this document
“Order. Signed 3/21/2023 by Judge Edward M Chen granting 150… — Brooks v. Thomson Reuters Corporation (Dkt. 178).”
Original at ecf.cand.uscourts.gov, No. 3:21-cv-01418-EMC, Doc. 178. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-brooks-thomsonreuters-cand-374304/2023-03-21-gov-uscourts-cand-374304-178-0-doc-178/
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Case 3:21-cv-01418-EMC Document 178 Filed 03/21/23 Page 1 of 14
1 Susan D. Fahringer, Bar No. 21567 Gabriella Gallego, Bar No. 324226
SFahringer@perkinscoie.com GGallego@perkinscoie.com
2 Nicola C. Menaldo, pro hac vice PERKINS COIE LLP
3 NMenaldo@perkinscoie.com 3150 Porter Drive
Erin K. Earl, pro hac vice Palo Alto, CA 94304-1212
4 EEarl@perkinscoie.com Telephone: 650.838.4300
Anna M. Thompson, pro hac vice Facsimile: 650.838.4350
5 AnnaThompson@perkinscoie.com
PERKINS COIE LLP Hayden M. Schottlaender, pro hac vice
6 1201 Third Avenue, Suite 4900 HSchottlaender@perkinscoie.com
7 Seattle, WA 98101-3099 PERKINS COIE LLP
Telephone: 206.359.8000 500 N. Akard Street, Suite 3300
8 Facsimile: 206.359.9000 Dallas, TX 75201-3347
Telephone: 214.965.7700
9 Attorneys for Defendant Facsimile: 214.965.7799
Thomson Reuters Corporation
10
11
UNITED STATES DISTRICT COURT
12
NORTHERN DISTRICT OF CALIFORNIA
13
SAN FRANCISCO DIVISION
14
15
CAT BROOKS and RASHEED Case No. 3:21-cv-01418-EMC
16 SHABAZZ, individually and on behalf of
all others similarly situated, [PROPOSED] ORDER GRANTING
XXXXXXX
17 DEFENDANT THOMSON REUTERS’
Plaintiffs, ADMINISTRATIVE MOTION TO FILE
18 UNDER SEAL CONFIDENTIAL
v. INFORMATION
19 (CIV. L.R. 7-11 AND 79-5)
THOMSON REUTERS CORPORATION,
20
Judge: Hon. Edward M. Chen
Defendant.
21
22
23
24
25
26
27
28
Case No. 3:21-cv-01418-EMC XXXXXX ORDER GRANTING MOTION TO
[PROPOSED]
FILE UNDER SEAL
Case 3:21-cv-01418-EMC Document 178 Filed 03/21/23 Page 2 of 14
1 [PROPOSED]
XXXXXXXX ORDER
2 The Court, having considered Defendant Thomson Reuters’ Administrative Motion to File
3 Under Seal Confidential Information (“Sealing Motion”), Exhibits 1-7 thereto, the concurrently
4 filed Sealing Declarations of Anna Mouw Thompson and Kevin Appold, and all pleadings and
5 papers on file, hereby finds that good cause and compelling reasons exist to seal:
6 (1) In their entirety, and as identified in Exhibit 1 to the Sealing Motion, the following
7 exhibits to the declarations of Susan Fahringer (“Fahringer Decl.”), Kevin Appold (“Appold
8 Decl.”), and Daani-Ruth Svonkin (“Svonkin Decl.”) in Support of Defendant Thomson Reuters’
9 Brief in Opposition to Plaintiffs’ Motion for Class Certification (“Opposition”):
10 Ex. Document
11
Fahringer Decl. Individual Report Plus Associates for Cat Brooks
12 Ex. A-9 (bates numbered PLAINTIFFS_005653 - PLAINTIFFS_005661)
Fahringer Decl. Individual Report Plus Associates for Rasheed Shabazz
13
Ex. A-10 (bates numbered PLAINTIFFS_005538 - PLAINTIFFS_005547)
14 Fahringer Decl. Risk Inform Report for Sheilagh Polk
Ex. A-11 (bates numbered PLAINTIFFS_011126- PLAINTIFFS_011253)
15
Fahringer Decl. Risk Inform Report for Sheilagh Polk
16 Ex. A-12 (bates numbered PLAINTIFFS_011275 - PLAINTIFFS_011312)
Appold Decl. Internal employee handbook on the public records credentialing process.
17 Ex. B-1 (bates numbered TR-BROOKS301621 - TR-BROOKS301636)
18 Appold Decl. Internal spreadsheet of CLEAR customers
Ex. B-2 (bates numbered TR-BROOKS426763)
19 Appold Decl. CLEAR search log for Cat Brooks
Ex. B-4 (bates numbered TR-BROOKS425993)
20 Appold Decl. CLEAR search log for Rasheed Shabazz
Ex. B-5 (bates numbered TR-BROOKS425994)
21
Appold Decl. Account Validation and Certification (AVC) Form Westlaw and
22 Ex. B-6 CLEAR (Corporate)
(bates numbered TR-BROOKS003092 - TR-BROOKS003095)
23 Appold Decl. Account Validation and Certification (AVC) Form Westlaw and
Ex. B-7 CLEAR (Government)
24 (bates numbered TR-BROOKS013911 - TR-BROOKS013913)
25 Appold Decl. Internal Public Records Compliance 2020 Review
Ex. B-8 (bates numbered TR-BROOKS305113 - TR-BROOKS305117)
26 Svonkin Decl. CLEAR Case Study: CLEAR Helps Investigators Close Cases on
Ex. C-2 Missing Children
27 (bates numbered TR-BROOKS054555 - TR-BROOKS054556)
28
Case No. 3:21-cv-01418-EMC -2- XXXXXX ORDER GRANTING MOTION TO
[PROPOSED]
FILE UNDER SEAL
Case 3:21-cv-01418-EMC Document 178 Filed 03/21/23 Page 3 of 14
1 (2) In part, and as identified in Exhibit 2 to the Sealing Motion, the following portions of
2 Defendant Thomson Reuters’ Opposition brief:
3
Cite Portion(s) to Seal
4
Opp. Brief FN 4 (after “E.g.,” to the end of footnote 4)
5 (2:27-28)
Opp. Brief FN 5 (after “E.g.,” to the end of footnote 5)
6 (3:19-20)
7 Opp. Brief FN 6 (after “E.g.,” to the end of footnote 6)
(3:20)
8 Opp. Brief FN 7 (after “E.g.,” to the end of footnote 7)
(3:21)
9 Opp. Brief FN 8 (entire footnote)
(3:22-23)
10
Opp. Brief FN 9 (after “The subscribers do not include (and have never included)”
11 (3:24) and before “notwithstanding Plaintiffs’ unsupported statement to the
contrary.”)
12 Opp. Brief After “Of these, only” and before “generated a report.”)
(4:18)
13 Opp. Brief After “customers” and before “but those”)
14 (4:20)
Opp. Brief FN 15 (beginning of footnote and before “See Fahringer Decl., Ex. A-2
15 (4:25) at 213:4-214:16; Ex. A-3 at 239:11-240:12.”)
Opp. Brief FN 16 (beginning of footnote and before “(on July 7, 2021),”)
16 (4:26)
Opp. Brief FN 16 (after “(on July 7, 2021),” and before “(on Nov. 21, 2017), and”)
17
(4:26)
18 Opp. Brief FN 16 (after “(on Nov. 21, 2017), and” and before “(on Dec. 10,
(4:26) 2017).”)
19 Opp. Brief FN 16 (after “(on Dec. 10, 2017).” and before “search probably did not
(4:26) relate to”)
20 Opp. Brief FN 17 (beginning of footnote and before “on August 2, 2016.”)
21 (4:28)
(3) In part, and as identified in Exhibits 3-7 to the Sealing Motion, the following portions
22
of the Appold and Svonkin Declarations and the following portions of the following exhibits to
23
the Fahringer Declaration:
24
25 Decl. / Ex. Portion(s) to Seal
26 Appold Decl. Declaration page 5, ¶ 13 (after “As of October 19, 2022, there were
(5:8) approximately” and before “active CLEAR”)
27
Appold Decl. Declaration page 5, ¶ 13 (after “While” and before “once applied to
28 (5:11) become a”)
Case No. 3:21-cv-01418-EMC -3- XXXXXX ORDER GRANTING MOTION TO
[PROPOSED]
FILE UNDER SEAL
Case 3:21-cv-01418-EMC Document 178 Filed 03/21/23 Page 4 of 14
1 Decl. / Ex. Portion(s) to Seal
2
Svonkin Decl. Declaration page 5, ¶ 14 section b (after “By pension funds, such as the”
3 (5:14) and before “to avoid pension fraud,”)
Svonkin Decl. Declaration page 5, ¶ 14 section c (after “By state agencies, such as”
4 (5:17-18) and before “to identify owners of properties in the course of
investigating the need”)
5 Svonkin Decl. Declaration page 5, ¶ 14 section d (after “By the” and before “Courts to
(5:20) issue collection notices”)
6
Svonkin Decl. Declaration page 5, ¶ 14 section e (after “By public defenders’ offices
7 (5:23-24) throughout California (including” and before “County) to defend the
accused.”)
8 Svonkin Decl. Declaration page 5, ¶ 14 section f (after “By the” and before “School
(5:25) District to verify student residency for”)
9
Fahringer Decl. Report page 22, ¶ 3 (after “Indeed, as I describe in more detail below,
10 Ex. A-1 named Plaintiff Cat Brooks may have benefited in exactly this way
given that the” through end of paragraph 3)
11 Fahringer Decl. Report page 27, ¶ 3 (after “For example, in Cat Brooks’ case, Brooks
Ex. A-1 was not able to identify any adverse impact on her from any search
12 conducted using CLEAR [73]” through end of paragraph 3)
13 Fahringer Decl. Report page 27, ¶ 4 (after “For example,” and before “If either
Ex. A-1 document—”)
14 Fahringer Decl. Report page 27, ¶ 4 (after “If either document—” and before “—were
Ex. A-1 the only source used by a decision-maker,”)
15 Fahringer Decl. Report page 27, ¶ 4 (after “A CLEAR client, however, would see” and
Ex. A-1 before “(TR-BROOKS008262-63).”)
16
Fahringer Decl. Report page 27, ¶ 4 (after “With the whole set of records on CLEAR,
17 Ex. A-1 the decision-maker would ignore” and before “and have more
confidence that,”)
18 Fahringer Decl. Report page 27, ¶ 4 (after “e.g., Cat Brooks is not trying to impersonate
Ex. A-1 a much older or differently named individual.” and before “create a
19 more accurate picture than either one in isolation,”)
20 Fahringer Decl. Report page 28, ¶ 1 (after “They may discover a rape conviction of
Ex. A-1 somebody named” and before “and become concerned that they cannot
21 rule out,”)
Fahringer Decl. Report page 28, ¶ 1 (after “Users of CLEAR, on the other hand, will not
22 Ex. A-1 even encounter the records for” and before (TR-BROOKS008719-8740;
Video, TR-BROOKS010275).”)
23 Fahringer Decl. Report page 29, ¶ 4 (after “Thomson Reuters declined over” and before
24 Ex. A-1 “in potential contracts during the year”)
Fahringer Decl. Report page 29, ¶ 4 (after “This represents a significant portion of
25 Ex. A-1 potential new business—over” and before “of potential contracts—that
were declined”)
26 Fahringer Decl. Report page 30, ¶ 5 (after “(Fox Dep. at 176). The” and before “and
Ex. A-1 some states’ Departments of Motor Vehicles have conducted such
27
audits.”)
28
Case No. 3:21-cv-01418-EMC -4- XXXXXX
[PROPOSED] ORDER GRANTING MOTION TO
FILE UNDER SEAL
Case 3:21-cv-01418-EMC Document 178 Filed 03/21/23 Page 5 of 14
1 Decl. / Ex. Portion(s) to Seal
2
Fahringer Decl. Report page 85, FN 286 (after “TR-BROOKS046643” and before “who
3 Ex. A-14 is a federal criminal investigator”)
Fahringer Decl. Report page 85, FN 286 (after “By only having an image with latitude
4 Ex. A-14 and longitude coordinates,” and before “and her colleagues used
CLEAR”)
5 Fahringer Decl. Report page 85, FN 286 (after “the subject and other family members.”
Ex. A-14 and before “also used CLEAR to locate the minor.”)
6
Fahringer Decl. Report page 85, FN 287 (after “Using CLEAR’s associate analytics”
7 Ex. A-14 and before “identified that the fugitive’s brother had a new address”)
Fahringer Decl. Report page 85, FN 287 (after “With this information,” and before “and
8 Ex. A-14 his team was able to locate the fugitive”)
Fahringer Decl. Report page 86, ¶ 137 (after “For example, child and family services
9
Ex. A-14 organizations such as the” and before “have used information from the
10 platform”)
Fahringer Decl. Report page 86, ¶ 137 (after “Similarly, the” and before “has used
11 Ex. A-14 CLEAR to find the most current address of children”)
Fahringer Decl. Report page 86, FN 291 (after “As the Criminal Investigator for the”
12 Ex. A-14 and before “I was asked to review and work on a March 25, 1969
13 Homicide cold case.”)
Fahringer Decl. Report page 88, ¶ 141 (after “Knowing only his friend’s last name and
14 Ex. A-14 hometown, the military member contacted the” and before “which then
used CLEAR to locate the friend.”)
15 Fahringer Decl. Report page 88, ¶ 141 (after “According to the” and before “agent who
Ex. A-14 handled this case,”)
16
Fahringer Decl. Report page 91, FN 312 (entire footnote)
17 Ex. A-14
Fahringer Decl. Report page 92, ¶ 149 (after “the audit team declined over” and before
18 Ex. A-14 “in contract revenues based on the results of their proactive reviews.”)
Fahringer Decl. Report page 92, FN 320 (after “Though we have declined” and before
19 Ex. A-14 “in contracts we believe that is a small price to pay”)
20 Fahringer Decl. Report page 93, ¶ 151 (after “Those data fields associated with” and
Ex. A-14 before “are encrypted by Thomson Reuters with its own key.”)
21 Fahringer Decl. Report page 99, ¶ 165 (after “these net profits dating back to December
Ex. A-14 2017, which shows total net profits of approximately” and before
22 “million as of the end of 2021.”)
Fahringer Decl. Report page 100, ¶ 167 (after “Instead, Mr. Lloyd arrives at a “total net
23
Ex. A-14 profits” figure of” and before “million”)
24 Fahringer Decl. Report page 101, ¶ 167 continued from previous page (top of page
Ex. A-14 before “of U.S. CLEAR revenues”)
25 Fahringer Decl. Report page 101, ¶ 167 continued from previous page (after “and that”
Ex. A-14 and before “of CLEAR searches relate to individuals;”)
26 Fahringer Decl. Report page 101, ¶ 167 continued from previous page (after “using” and
27 Ex. A-14 before “(ostensibly based on various discovery documents)”)
Fahringer Decl. Report page 101, ¶ 167 continued from previous page (after “by the
28 Ex. A-14 supposed” and before “profit margin”)
Case No. 3:21-cv-01418-EMC -5- XXXXXX
[PROPOSED] ORDER GRANTING MOTION TO
FILE UNDER SEAL
Case 3:21-cv-01418-EMC Document 178 Filed 03/21/23 Page 6 of 14
1 Decl. / Ex. Portion(s) to Seal
2
Fahringer Decl. Report page 101, ¶ 167 continued from previous page (after “100%
3 Ex. A-14 minus the”) and before ““marginal cost” estimate”)
Fahringer Decl. Report page 101, ¶ 167 continued from previous page (after “which
4 Ex. A-14 adds up to”) and before “million.”)
Fahringer Decl. Report page 154, Exhibit D Table: re: Document: TR-BROOKS055871
5 Ex. A-14 within cell under column titled: CLEAR Customer all data/information
(after “See, e.g.,” to end of cell)
6
Fahringer Decl. Report page 155, Exhibit D Table: re: Document: TR-BROOKS041734
7 Ex. A-14 within cell under column titled: CLEAR Customer (all
data/information)
8 Fahringer Decl. Report page 155, Exhibit D Table: re: Document: TR-BROOKS041734
Ex. A-14 within cell under column titled: Description/Outcome (after
9 “Unfortunately,” and before “was found deceased in her SUV after I
10 received a tip at my office.”)
Fahringer Decl. Report page 155, Exhibit D Table: re: Document: TR-BROOKS041734
11 Ex. A-14 within cell under column titled: Description/Outcome (after “At this
time we do not know how” and before “died as it is now a police
12 investigation.”)
Fahringer Decl. Report page 155, Exhibit D Table: re: Document: TR-BROOKS041734
13
Ex. A-14 within cell under column titled: Description/Outcome (after “those
14 people that I called knew that we were actively looking for” and before
“and these calls may have assisted in locating her.”)
15 Fahringer Decl. Report page 155, Exhibit D Table: re: Document: TR-BROOKS044782
Ex. A-14 within cell under column titled: CLEAR Customer (all
16 data/information)
17 Fahringer Decl. Report page 156, Exhibit D Table: re: Document: TR-BROOKS046630
Ex. A-14 within cell under column titled: CLEAR Customer (all
18 data/information)
Fahringer Decl. Report page 156, Exhibit D Table: re: Document: TR-BROOKS046630
19 Ex. A-14 within cell under column titled: Use Case (after “Skip tracing” and
before “was given the task to locate a truck that belonged to the
20
company she worked for.”)
21 Fahringer Decl. Report page 156, Exhibit D Table: re: Document: TR-BROOKS046630
Ex. A-14 within cell under column titled: Description/Outcome (after “Later,” and
22 before “uncovered the man was working at a tax return and credit repair
business”)
23 Fahringer Decl. Report page 156, Exhibit D Table: re: Document: TR-BROOKS046630
24 Ex. A-14 within cell under column titled: Description/Outcome (after “These
were all direct violations of this federal supervision.” and before
25 “contacted his probation officer”)
Fahringer Decl. Report page 157, Exhibit D Table: re: Document: TR-BROOKS046630
26 Ex. A-14 continued from previous page within cell under column titled: Use Case
(after “With further research,” and before “found that the individual
27 transferred”)
28
Case No. 3:21-cv-01418-EMC -6- [PROPOSED]
XXXXXX ORDER GRANTING MOTION TO
FILE UNDER SEAL
Case 3:21-cv-01418-EMC Document 178 Filed 03/21/23 Page 7 of 14
1 Decl. / Ex. Portion(s) to Seal
2
Fahringer Decl. Report page 157, Exhibit D Table: re: Document: TR-BROOKS046632
3 Ex. A-14 within cell under column titled: CLEAR Customer (all
data/information)
4 Fahringer Decl. Report page 158, Exhibit D Table: re: Document: TR-BROOKS046634
Ex. A-14 within cell under column titled: CLEAR Customer (all
5 data/information)
Fahringer Decl. Report page 158, Exhibit D Table: re: Document: TR-BROOKS046634
6
Ex. A-14 within cell under column titled: Use Case (after “Skip tracing” and
7 before “was suspicious about a client's payment of minimal amounts
and income reported from rental properties.”)
8 Fahringer Decl. Report page 158, Exhibit D Table: re: Document: TR-BROOKS046634
Ex. A-14 within cell under column titled: Use Case (after “Year after year” and
9 before “and his colleagues were unable to determine why the client was
10 receiving rental income without actually owning a property”)
Fahringer Decl. Report page 158, Exhibit D Table: re: Document: TR-BROOKS046634
11 Ex. A-14 within cell under column titled: Use Case (after “By using CLEAR,”
and before “was able to run a report that revealed the client had
12 previously owned these properties”)
Fahringer Decl. Report page 158, Exhibit D Table: re: Document: TR-BROOKS046636
13
Ex. A-14 within cell under column titled: CLEAR Customer (all
14 data/information)
Fahringer Decl. Report page 159, Exhibit D Table: re: Document: TR-BROOKS046639
15 Ex. A-14 within cell under column titled: CLEAR Customer (all
data/information)
16 Fahringer Decl. Report page 159, Exhibit D Table: re: Document: TR-BROOKS046639
17 Ex. A-14 within cell under column titled: Use Case (after “Skip tracing” and
before “is a criminal defense investigator”)
18 Fahringer Decl. Report page 159, Exhibit D Table re: Document: TR-BROOKS046639
Ex. A-14 within cell under column titled: Use Case (after “a wrongfully convicted
19 man.” and before “used the reverse phone look-up search to locate”)
Fahringer Decl. Report page 159, Exhibit D Table: re: Document: TR-BROOKS046640
20
Ex. A-14 within cell under column titled: CLEAR Customer (all
21 data/information)
Fahringer Decl. Report page 159, Exhibit D Table: re: Document: TR-BROOKS046641
22 Ex. A-14 within cell under column titled: CLEAR Customer (all
data/information)
23 Fahringer Decl. Report page 159, Exhibit D Table: re: Document: TR-BROOKS046641
24 Ex. A-14 within cell under column titled: Use Case (after “Law enforcement” and
before “were alerted to a missing person”)
25 Fahringer Decl. Report page 159, Exhibit D Table: re: Document: TR-BROOKS046642
Ex. A-14 within cell under column titled: CLEAR Customer (all
26 data/information)
Fahringer Decl. Report page 159, Exhibit D Table: re: Document: TR-BROOKS046642
27 Ex. A-14 within cell under column titled: Use Case (after “The” and before “was
28 faced with a live explosive”)
Case No. 3:21-cv-01418-EMC -7- [PROPOSED] ORDER GRANTING MOTION TO
XXXXXX
FILE UNDER SEAL
Case 3:21-cv-01418-EMC Document 178 Filed 03/21/23 Page 8 of 14
1 Decl. / Ex. Portion(s) to Seal
2
Fahringer Decl. Report page 160, Exhibit D Table: re: Document: TR-BROOKS046643
3 Ex. A-14 within cell under column titled: CLEAR Customer (all
data/information)
4 Fahringer Decl. Report page 160, Exhibit D Table: re: Document: TR-BROOKS046643
Ex. A-14 within cell under column titled: Use Case (after “Child and family
5 services” and before “who is a federal criminal investigator”)
Fahringer Decl. Report page 160, Exhibit D Table: re: Document: TR-BROOKS046643
6
Ex. A-14 within cell under column titled: Use Case (after “By only having an
7 image with latitude and longitude coordinates,” and before “and her
colleagues used CLEAR to geo-locate”)
8 Fahringer Decl. Report page 160, Exhibit D Table: re: Document: TR-BROOKS046643
Ex. A-14 within cell under column titled: Use Case (after “to identify the subject
9 and other family members.” and before “also used CLEAR to locate the
10 minor.”)
Fahringer Decl. Report page 160, Exhibit D Table: re: Document: TR-BROOKS046645
11 Ex. A-14 within cell under column titled: CLEAR Customer (all
data/information)
12 Fahringer Decl. Report page 160, Exhibit D Table: re: Document: TR-BROOKS046645
Ex. A-14 within cell under column titled: Use Case (after “Tax fraud prevention”
13
and before “works in the")
14 Fahringer Decl. Report page 160, Exhibit D Table: re: Document: TR-BROOKS046645
Ex. A-14 within cell under column titled: Use Case (after “works in the” and
15 before “She was looking for a man who was marked deceased")
Fahringer Decl. Report page 160, Exhibit D Table: re: Document: TR-BROOKS046647
16 Ex. A-14 within cell under column titled: CLEAR Customer (all
17 data/information)
Fahringer Decl. Report page 160, Exhibit D Table: re: Document: TR-BROOKS046647
18 Ex. A-14 within cell under column titled: Use Case (after “Child and family
services” and before “was assigned to an investigation involving an
19 abduction of an 11 month old child.”)
Fahringer Decl. Report page 161, Exhibit D Table: re: Document: TR-BROOKS046649
20
Ex. A-14 within cell under column titled: CLEAR Customer (all
21 data/information)
Fahringer Decl. Report page 161, Exhibit D Table: re: Document: TR-BROOKS046652
22 Ex. A-14 within cell under column titled: CLEAR Customer (all
data/information)
23 Fahringer Decl. Report page 161, Exhibit D Table: re: Document: TR-BROOKS046652
24 Ex. A-14 within cell under column titled: Description/Outcome (after “Using
CLEAR's associate analytics” and before “identified that the fugitive's
25 brother”)
Fahringer Decl. Report page 161, Exhibit D Table: re: Document: TR-BROOKS046652
26 Ex. A-14 within cell under column titled: Description/Outcome (after “With this
information,” and before “and his team was able to locate the fugitive”)
27
28
Case No. 3:21-cv-01418-EMC -8- [PROPOSED] ORDER GRANTING MOTION TO
XXXXXX
FILE UNDER SEAL
Case 3:21-cv-01418-EMC Document 178 Filed 03/21/23 Page 9 of 14
1 Decl. / Ex. Portion(s) to Seal
2
Fahringer Decl. Report page 162, Exhibit D Table: re: Document: TR-BROOKS046654
3 Ex. A-14 within cell under column titled: CLEAR Customer (all
data/information)
4 Fahringer Decl. Report page 162, Exhibit D Table: re: Document: TR-BROOKS046654
Ex. A-14 within cell under column titled: Use Case (after “The” and before
5 “needed to track down veterans who were owed money”)
Fahringer Decl. Report page 162, Exhibit D Table: re: Document: TR-BROOKS046655
6
Ex. A-14 within cell under column titled: CLEAR Customer (all
7 data/information)
Fahringer Decl. Report page 163, Exhibit D Table: re: Document: TR-BROOKS049564
8 Ex. A-14 within cell under column titled: CLEAR Customer (all
data/information)
9 Fahringer Decl. Report page 163, Exhibit D Table: re: Document: TR-BROOKS049564
10 Ex. A-14 within cell under column titled: Use Case (after “Child and family
services” and before “is a detective with the”)
11 Fahringer Decl. Report page 163, Exhibit D Table: re: Document: TR-BROOKS049564
Ex. A-14 within cell under column titled: Use Case (after “is a detective with the”
12 and before “and he is responsible for cases involving sexually abused
children.”)
13
Fahringer Decl. Report page 163, Exhibit D Table: re: Document: TR-BROOKS049564
14 Ex. A-14 within cell under column titled: Description/Outcome (after “With just a
possible first and last name, and the town the girls lived in,” and before
15 “turned to CLEAR to help find their abuser.”)
Fahringer Decl. Report page 163, Exhibit D Table: re: Document: TR-BROOKS049564
16 Ex. A-14 within cell under column titled: Description/Outcome (after “turned to
17 CLEAR to help find their abuser.” and before “was able to find three
names and addresses that could be the potential suspect.”)
18 Fahringer Decl. Report page 163, Exhibit D Table: re: Document: TR-BROOKS049566
Ex. A-14 within cell under column titled: CLEAR Customer (all
19 data/information)
Fahringer Decl. Report page 163, Exhibit D Table: re: Document: TR-BROOKS049886
20
Ex. A-14 within cell under column titled: CLEAR Customer (all
21 data/information)
Fahringer Decl. Report page 163, Exhibit D Table: re: Document: TR-BROOKS049886
22 Ex. A-14 within cell under column titled: Description/Outcome (beginning of cell
before “works for the”)
23 Fahringer Decl. Report page 163, Exhibit D Table: re: Document: TR-BROOKS049886
24 Ex. A-14 within cell under column titled: Description/Outcome (after “works for
the” and before “where he leverages CLEAR”)
25 Fahringer Decl. Report page 163, Exhibit D Table: re: Document: TR-BROOKS049889
Ex. A-14 within cell under column titled: CLEAR Customer (all
26 data/information)
Fahringer Decl. Report page 163, Exhibit D Table: re: Document: TR-BROOKS049889
27 Ex. A-14 within cell under column titled: Description/Outcome (after “CLEAR
28 helps” and before “and her team locate those caretakers”)
Case No. 3:21-cv-01418-EMC -9- XXXXXX ORDER GRANTING MOTION TO
[PROPOSED]
FILE UNDER SEAL
Case 3:21-cv-01418-EMC Document 178 Filed 03/21/23 Page 10 of 14
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2
Fahringer Decl. Report page 164, Exhibit D Table: re: Document: TR-BROOKS049907
3 Ex. A-14 within cell under column titled: CLEAR Customer (all
data/information)
4 Fahringer Decl. Report page 164, Exhibit D Table: re: Document: TR-BROOKS049907
Ex. A-14 within cell under column titled: Use Case (after “Skip tracing” and
5 before “works for the”)
Fahringer Decl. Report page 164, Exhibit D Table: re: Document: TR-BROOKS049907
6
Ex. A-14 within cell under column titled: Use Case (after “works for the” and
7 before “and utilizes CLEAR to find missing people.”)
Fahringer Decl. Report page 164, Exhibit D Table: re: Document: TR-BROOKS049907
8 Ex. A-14 within cell under column titled: Description/Outcome (after “During the
holiday season, the” and before “receives many inquiries about missing
9 individuals.”)
10 Fahringer Decl. Report page 164, Exhibit D Table: re: Document: TR-BROOKS060413
Ex. A-14 within cell under column titled: CLEAR Customer (all
11 data/information)
Fahringer Decl. Report page 165, Exhibit D Table: re: Document: TR-BROOKS060414
12 Ex. A-14 within cell under column titled: CLEAR Customer (all
data/information)
13
Fahringer Decl. Report page 165, Exhibit D Table: re: Document: TR-BROOKS060416
14 Ex. A-14 within cell under column titled: CLEAR Customer (all
data/information)
15 Fahringer Decl. Report page 165, Exhibit D Table: re: Document: TR-BROOKS060418
Ex. A-14 within cell under column titled: CLEAR Customer (all
16 data/information)
17 Fahringer Decl. Report page 166, Exhibit D Table: re: Document: TR-BROOKS060426
Ex. A-14 within cell under column titled: CLEAR Customer (all
18 data/information)
Fahringer Decl. Report page 166, Exhibit D Table: re: Document: TR-BROOKS060426
19 Ex. A-14 within cell under column titled: Description/Outcome (after “Because
of” and before “the daughter was able to attend the funeral”)
20
Fahringer Decl. Report page 166, Exhibit D Table: re: Document: TR-BROOKS060428
21 Ex. A-14 within cell under column titled: CLEAR Customer (all
data/information)
22 Fahringer Decl. Report page 166, Exhibit D Table: re: Document: TR-BROOKS060431
Ex. A-14 within cell under column titled: CLEAR Customer (all
23 data/information)
24 Fahringer Decl. Report page 166, Exhibit D Table: re: Document: TR-BROOKS060431
Ex. A-14 within cell under column titled: Description/Outcome (after “Because of
25 the information stored in the product,” and before “was able to get an
indictment on this individual.”)
26 Fahringer Decl. Report page 167, Exhibit D Table: re: Document: TR-BROOKS061525
Ex. A-14 within cell under column titled: CLEAR Customer (all
27 data/information)
28
Case No. 3:21-cv-01418-EMC -10- [PROPOSED]
XXXXXX ORDER GRANTING MOTION TO
FILE UNDER SEAL
Case 3:21-cv-01418-EMC Document 178 Filed 03/21/23 Page 11 of 14
1 Decl. / Ex. Portion(s) to Seal
2
Fahringer Decl. Report page 167, Exhibit D Table: re: Document: TR-BROOKS064293
3 Ex. A-14 within cell under column titled: CLEAR Customer (all
data/information)
4 Fahringer Decl. Report page 167, Exhibit D Table: re: Document: TR-BROOKS064293
Ex. A-14 within cell under column titled: Use Case (after “robbed from the buyer
5 at semi-automatic gun point.” and before “and her team had descriptions
of the robbers”)
6
Fahringer Decl. Report page 168, Exhibit D Table: re: Document: TR-BROOKS102900
7 Ex. A-14 within cell under column titled: CLEAR Customer (all
data/information)
8 Fahringer Decl. Report page 168, Exhibit D Table: re: Document: TR-BROOKS102900
Ex. A-14 within cell under column titled: Use Case (after “Law enforcement” and
9 before “conducted a fraud investigation”)
10 Fahringer Decl. Report page 168, Exhibit D Table: re: Document: TR-BROOKS102900
Ex. A-14 within cell under column titled: Description/Outcome (after “These
11 addresses led” and before “to identify two suspects,”)
Fahringer Decl. Report page 2, Table of Contents (after “6.3.1.3 Mr. Lloyd’s” and
12 Ex. A-17 before “Cost Estimate Does Not Include All Attributable Costs”)
Fahringer Decl. Report page 5, ¶ 13 (after “He attributes” and before “of Thomson
13
Ex. A-17 Reuters’ “net profits” to California based on”)
14 Fahringer Decl. Report page 9, ¶ 21 (entire first sentence, before cite to footnote 11)
Ex. A-17
15 Fahringer Decl. Report page 9, ¶ 21 (entire Table after “The top ten customers of
Ex. A-17 CLEAR are shown in the table below along with their revenue from
16 December 2020 to February 2021:” to the end of paragraph 21)
17 Fahringer Decl. Report page 9, ¶ 22 (after “Between 2017 and 2021, the percent of
Ex. A-17 revenue from subscription plans was between” and before “and”)
18 Fahringer Decl. Report page 9, ¶ 22 (after “and” and before “with the remaining revenue
Ex. A-17 described as “transactional.”)
19 Fahringer Decl. Report page 17, ¶ 49 (after “dating back to December 2017, which
Ex. A-17 shows total net profits of approximately” and before “as of the end of
20
2021.”)
21 Fahringer Decl. Report page 18, ¶ 51 (all data/information contained in the right-hand
Ex. A-17 column of Table 2: Lloyd Calculations)
22 Fahringer Decl. Report page 19, ¶ 52 (after “Mr. Lloyd’s critical estimate that” and
Ex. A-17 before “of CLEAR’s U.S. revenue is attributable to California is
23 calculated as the average of two other figures:”)
24 Fahringer Decl. Report page 19, ¶ 52 (after “California’s share of U.S. economic activity
Ex. A-17 at” and before “California’s arrest rate at”)
25 Fahringer Decl. Report page 19, ¶ 52 (after “California’s arrest rate at” to end of bullet
Ex. A-17 point/ paragraph 52)
26 Fahringer Decl. Report page 21, ¶ 61 (after “In fact, the profit and loss statements
Ex. A-17 provided by Thomson Reuters indicate that royalties – which I
27
understand relate to costs to acquire data – accounted for
28 approximately” and before “of the direct expenses and”)
Case No. 3:21-cv-01418-EMC -11- XXXXXX ORDER GRANTING MOTION TO
[PROPOSED]
FILE UNDER SEAL
Case 3:21-cv-01418-EMC Document 178 Filed 03/21/23 Page 12 of 14
1 Decl. / Ex. Portion(s) to Seal
2
Fahringer Decl. Report page 21, ¶ 61 (after “of the direct expenses and” and before “of
3 Ex. A-17 total expenses for CLEAR in 2020 and 2021.”)
Fahringer Decl. Report page 21, ¶ 61 (after “Thus” and before “to”)
4 Ex. A-17
Fahringer Decl. Report page 21, ¶ 61 (after “to” and before “of Thomson Reuters’
5 Ex. A-17 expenses for providing CLEAR are directed to functionality other than
acquiring the data that includes information about California residents.”)
6
Fahringer Decl. Report page 21, ¶ 65 (after “First, and most notably, his” and before
7 Ex. A-17 “profit margin is neither incremental nor gross profits and is inflated.”)
Fahringer Decl. Report page 21, ¶ 65 (after “Second, Mr. Lloyd’s allocation of” and
8 Ex. A-17 before “of CLEAR’s revenue to California is unreliable and based on an
ad hoc methodology that contains a calculation error.”)
9
Fahringer Decl. Report page 21, FN 53 (after “Royalties for 2020 and 2021 of” and
10 Ex. A-17 before “respectively out of”)
Fahringer Decl. Report page 21, FN 53 (after “respectively out of” and before “direct
11 Ex. A-17 expenses and”)
Fahringer Decl. Report page 21, FN 53 (after “direct expenses and” and before “of total
12 Ex. A-17 expenses.”)
13 Fahringer Decl. Report page 22, ¶ 65 continued from previous page (after “Lloyd’s
Ex. A-17 estimate that” and before “of revenues are attributable to individuals as
14 opposed to businesses”)
Fahringer Decl. Report page 22, ¶ 66 (after “Mr. Lloyd's estimated incremental profit
15 Ex. A-17 margin of” and before “is flawed for at least three reasons.”)
Fahringer Decl. Report page 28, Section header title between ¶¶ 81-82 (after “6.3.1.3
16
Ex. A-17 Mr. Lloyd’s” and before “Cost Estimate Does Not Include All
17 Attributable Costs”)
Fahringer Decl. Report page 28, ¶ 82 (after “Mr. Lloyd justifies using a” and before
18 Ex. A-17 “profit margin for CLEAR on the basis that the only incremental costs
that should be considered are transactional royalty costs:”)
19 Fahringer Decl. Report page 29, ¶ 82 continued from previous page (after “Various
20 Ex. A-17 documents produced in discovery reflect that Thomson Reuters’s
transactional royalty costs are consistently at or below” and before “of
21 the corresponding revenues.”)
Fahringer Decl. Report page 29, ¶ 82 continued from previous page (after “For that
22 Ex. A-17 reason, my calculations use the” and before “figure as a reasonable
estimate of the relevant marginal costs”)
23 Fahringer Decl. Report page 29, ¶ 83 (after “As a starting point, it is worth noting that
24 Ex. A-17 Mr. Lloyd’s” and before “figure is based on two documents – an email
exchange and an Excel document”)
25 Fahringer Decl. Report page 29, ¶ 83 (after “neither of which explain what the” and
Ex. A-17 before “actually represents or how it should be used,”)
26 Fahringer Decl. Report page 29, ¶ 83 (after “Mr. Lloyd understands the veracity of, or
Ex. A-17 the basis for the” and before “figures in these two documents.”)
27
Fahringer Decl. Report page 29, ¶ 85 (after “Mr. Lloyd assumes that” and before “of
28 Ex. A-17 Thomson Reuters’ revenue is tied to data on Californians.”)
Case No. 3:21-cv-01418-EMC -12- XXXXXX
[PROPOSED] ORDER GRANTING MOTION TO
FILE UNDER SEAL
Case 3:21-cv-01418-EMC Document 178 Filed 03/21/23 Page 13 of 14
1 Decl. / Ex. Portion(s) to Seal
2
Fahringer Decl. Report page 29, ¶ 87 (after “Mr. Lloyd’s estimated profit margin of”
3 Ex. A-17 and before “does not give credit to Thomson Reuters for any costs”)
Fahringer Decl. Report page 30, ¶ 90 (after “For example, in his deposition, Mr. Lloyd
4 Ex. A-17 was shown two agreements under which Thomson Reuters agreed to
purchase data from the” to end of sentence, before cite to footnote 76)
5 Fahringer Decl. Report page 30, FN 77 (after “My question is: Does your” and before
Ex. A-17 “figure account for the cost savings of terminating a recurring data
6
licensing agreement.”)
7 Fahringer Decl. Report page 31, ¶ 91 (after “In summary, Mr. Lloyd’s calculation of a”
Ex. A-17 and before “profit margin on sales is the unreliable result of an ad hoc
8 and unsound methodology.”)
Fahringer Decl. Report page 32, ¶ 98 (after “I note that California also has a higher
9 Ex. A-17 arrest rate” and before “than its share of the U.S. population”)
10 Fahringer Decl. Report page 32, ¶ 98 (after “than its share of the U.S. population” to end
Ex. A-17 of sentence, before cite to footnote 84)
11 Fahringer Decl. Report page 33, ¶ 103 (after “Furthermore, Mr. Lloyd appears to have
Ex. A-17 made a math error when calculating his” and before “figure.”)
12 Fahringer Decl. Report page 33, ¶ 103 (after “Mr. Lloyd’s representation that the FBI
13 Ex. A-17 arrest data indicates that California accounted for” and before “of arrests
in 2018 is not supported by the data.”)
14 Fahringer Decl. Report page 33, ¶ 103 (after “The data purportedly used by Mr. Lloyd
Ex. A-17 reports” and before “arrests in California out of a total of”)
15 Fahringer Decl. Report page 33, ¶ 103 (after “arrests in California out of a total of” and
Ex. A-17 before “arrests in the U.S. for a percentage of arrests in California of”)
16
Fahringer Decl. Report page 33, ¶ 103 (after “arrests in the U.S. for a percentage of
17 Ex. A-17 arrests in California of” to end of sentence, before cite to footnote 87)
Fahringer Decl. Report page 33, ¶ 103 (after “Yet even this” and before “overstates the
18 Ex. A-17 true percentage because the FBI arrest data states that it is incomplete.”)
Fahringer Decl. Report page 33, ¶ 103 (after “Thus, the actual percentage is somewhat
19 Ex. A-17 lower than” and before “and Mr. Lloyd’s”)
20 Fahringer Decl. Report page 33, ¶ 103 (after “and Mr. Lloyd’s” and before “is
Ex. A-17 unsupported and inflated. ”)
21 Fahringer Decl. Report page 33, ¶ 103 (after “Furthermore, if” and before “arrests are
Ex. A-17 made each year in the U.S., then that means that”)
22 Fahringer Decl. Report page 33, ¶ 103 (after “arrests are made each year in the U.S.,
Ex. A-17 then that means that” and before “or”)
23
Fahringer Decl. Report page 33, ¶ 103 (after “or” and before “of Americans were
24 Ex. A-17 arrested in 2018.”)
Fahringer Decl. Report page 33, ¶ 103 (after “Extrapolating the percent of revenues for
25 Ex. A-17 CLEAR attributable to Californians based on the” and before “of the
U.S. population that was arrested is not representative and is not
26 reliable.”)
27 Fahringer Decl. Report page 34, ¶ 104 (after “Mr. Lloyd’s selection of California’s share
Ex. A-17 of GDP at” and before “is based on 2021.”)
28
Case No. 3:21-cv-01418-EMC -13- [PROPOSED]
XXXXXX ORDER GRANTING MOTION TO
FILE UNDER SEAL
Case 3:21-cv-01418-EMC Document 178 Filed 03/21/23 Page 14 of 14
1 Decl. / Ex. Portion(s) to Seal
2
Fahringer Decl. Report page 34, ¶ 104 (after “In 2020, his own data shows that the share
3 Ex. A-17 was” to end of sentence, before cite to footnote 90)
Fahringer Decl. Report page 34, ¶ 106 (after “In summary, Mr. Lloyd’s allocation of”
4 Ex. A-17 and before “of CLEAR revenues to the state of California is ad hoc,”)
Fahringer Decl. Report page 34, ¶ 107 (after “He categorizes” and before “of revenue as
5 Ex. A-17 being derived from searches related to individuals on the basis of an
analysis of search types”)
6
Fahringer Decl. Report page 34, ¶ 107 (after “the data indicates that approximately” and
7 Ex. A-17 before “of all CLEAR searches relate to individuals.”)
Fahringer Decl. Report page 34, ¶ 108 (after “– it is both. The” and before “calculation
8 Ex. A-17 relied upon by Mr. Lloyd categorizes all searches described as “Phone
Search” as being a search for a person.”)
9
Fahringer Decl. Report page 35, FN 96 (after “And is it possible that you took your” and
10 Ex. A-17 before “figure from these Zeke calculations?”)
Fahringer Decl. Report page 35, FN 96 (after “It’s possible that I directed him using the
11 Ex. A-17 data to perform some calculations, but yes, this appears to be the source
of the” to the end of footnote 96)
12
13
14
IT IS SO ORDERED.
15
16
March 21, 2023
DATED: ____________________
17 ______________________________
Judge: Hon. Edward M. Chen
18 United States District Judge
19
20 Submitted by:
21 PERKINS COIE LLP
22
By: /s/ Susan D. Fahringer
23
Susan D. Fahringer
24 Attorneys for Defendant Thomas Reuters
Corporation
25
26
27
28
Case No. 3:21-cv-01418-EMC -14- [PROPOSED] ORDER GRANTING MOTION TO
FILE UNDER SEAL
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