Consent MOTION for Protective Order FOR ENTRY OF MODIFIED PROTECTIVE ORDER by Google LLC. (Attachments: # (1) Proposed Order Modified Protective Order, # (2) Proposed Order)(Reilly, Craig)
Page 1 PageID#
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES, et al.,
Plaintiffs,
v.
GOOGLE LLC,
Defendant.
)
)
)
)
)
)
)
)
No. 1:23-cv-00108-LMB-JFA
CONSENT MOTION FOR ENTRY OF A MODIFIED PROTECTIVE ORDER
PURSUANT TO RULE 26(c), Defendant, Google LLC, moves for entry of a modified
protective order on the following grounds:
1.
This antitrust action will include the discovery of confidential business information
from the parties and non-parties.
2.
The Court has previously entered a Protective Order that had been negotiated by
the parties (Dkt. No. 98), which was intended to cover the handling, use, and disclosure of
competitively sensitive information produced by the parties and non-parties during discovery.
3.
Non-Party Comcast Corporation, for itself and with the support of other non-parties
AT&T, Inc., Microsoft Corporation, Fox Corporation, and T-Mobile USA, Inc., filed a motion to
modify the Protective Order (Dkt. No. 113). Of particular concern were certain procedures in the
Protective Order concerning disclosure of confidential information produced by non-parties to
Google in-house attorneys—that is, Protective Order ¶¶ 14(d), 19, 20-22 (Dkt. No. 113, Motion to
Modify, at 5-7).
4.
The Court entered an order directing the parties and non-parties to meet and confer
further to see if the motion to modify could be resolved (Dkt. No. 118). The parties and nonparties have held extensive meet-and-confer calls and exchanged revised drafts of the Protective Page 2 PageID#
Order, and now have reached agreement on a modified version of the Protective Order, which
addresses the issues raised in the non-parties’ motion—viz., it deletes Paragraphs 14(d) and 20-22,
and modifies Paragraph 19, along with conforming edits.
5.
Google now moves the Court to vacate the current Protective Order and to enter
the attached proposed Modified Protective Order in its place (nunc pro tunc to April 4, 2023, the
date when the Protective Order was entered), and to deem the Motion to Modify as resolved.
6.
The Plaintiffs and non-parties consent to the relief sought in this motion.
WHEREFORE, Google requests that the Court vacate the current Protective Order (Dkt.
No. 98); deem the Motion to Modify (Dkt. No. 113) resolved; and enter the attached proposed
Modified Protective Order (nunc pro tunc to April 4, 2023). Proposed orders are submitted
herewith.
The parties and non-parties do not seek oral argument on this motion. Page 3 PageID#
Dated: May 10, Respectfully submitted,
/s/ Craig C. Reilly
CRAIG C. REILLY (VSB #
20942)
209 Madison Street
Alexandria, VA Telephone: (703) 549-Facsimile: (703) 549-Email: Craig.reilly@ccreillylaw.com
Of Counsel for Google LLC:
Eric Mahr (pro hac vice)
Julie Elmer (pro hac vice)
Andrew Ewalt (pro hac vice)
Lauren Kaplin (pro hac vice)
Jeanette Bayoumi (pro hac vice)
Claire Leonard (pro hac vice)
Sara Salem (pro hac vice)
Tyler Garrett (VSB # 94759)
FRESHFIELDS BRUCKHAUS
DERINGER US LLP
700 13th Street NW, 10th Floor
Washington, DC Telephone: (202) 777-Facsimile: (202) 777-Email: eric.mahr@freshfields.com
Counsel for Google LLC
Daniel Bitton (admitted pro hac vice)
AXINN, VELTROP & HARKRIDER LLP
55 2nd Street
San Francisco, CA Telephone: (415) 490-Facsimile: (415) 490-dbitton@axinn.com
Bradley Justus (VSB # 80533)
Koren Wong-Ervin (admitted pro hac vice)
AXINN, VELTROP & HARKRIDER LLP
1901 L Street NW
Washington, DC Telephone: (202) 912-Facsimile: (202) 912-bjustus@axinn.com
kwongervin@axinn.com
PDF Page 1
PlainSite Cover Page
PDF Page 2
Case 1:23-cv-00108-LMB-JFA Document 202 Filed 05/10/23 Page 1 of 3 PageID# 1372
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES, et al.,
Plaintiffs,
v.
GOOGLE LLC,
Defendant.
)
)
)
)
)
)
)
)
No. 1:23-cv-00108-LMB-JFA
CONSENT MOTION FOR ENTRY OF A MODIFIED PROTECTIVE ORDER
PURSUANT TO RULE 26(c), Defendant, Google LLC, moves for entry of a modified
protective order on the following grounds:
1.
This antitrust action will include the discovery of confidential business information
from the parties and non-parties.
2.
The Court has previously entered a Protective Order that had been negotiated by
the parties (Dkt. No. 98), which was intended to cover the handling, use, and disclosure of
competitively sensitive information produced by the parties and non-parties during discovery.
3.
Non-Party Comcast Corporation, for itself and with the support of other non-parties
AT&T, Inc., Microsoft Corporation, Fox Corporation, and T-Mobile USA, Inc., filed a motion to
modify the Protective Order (Dkt. No. 113). Of particular concern were certain procedures in the
Protective Order concerning disclosure of confidential information produced by non-parties to
Google in-house attorneys—that is, Protective Order ¶¶ 14(d), 19, 20-22 (Dkt. No. 113, Motion to
Modify, at 5-7).
4.
The Court entered an order directing the parties and non-parties to meet and confer
further to see if the motion to modify could be resolved (Dkt. No. 118). The parties and nonparties have held extensive meet-and-confer calls and exchanged revised drafts of the Protective
1
PDF Page 3
Case 1:23-cv-00108-LMB-JFA Document 202 Filed 05/10/23 Page 2 of 3 PageID# 1373
Order, and now have reached agreement on a modified version of the Protective Order, which
addresses the issues raised in the non-parties’ motion—viz., it deletes Paragraphs 14(d) and 20-22,
and modifies Paragraph 19, along with conforming edits.
5.
Google now moves the Court to vacate the current Protective Order and to enter
the attached proposed Modified Protective Order in its place (nunc pro tunc to April 4, 2023, the
date when the Protective Order was entered), and to deem the Motion to Modify as resolved.
6.
The Plaintiffs and non-parties consent to the relief sought in this motion.
WHEREFORE, Google requests that the Court vacate the current Protective Order (Dkt.
No. 98); deem the Motion to Modify (Dkt. No. 113) resolved; and enter the attached proposed
Modified Protective Order (nunc pro tunc to April 4, 2023). Proposed orders are submitted
herewith.
The parties and non-parties do not seek oral argument on this motion.
2
PDF Page 4
Case 1:23-cv-00108-LMB-JFA Document 202 Filed 05/10/23 Page 3 of 3 PageID# 1374
Dated: May 10, 2023
Respectfully submitted,
/s/ Craig C. Reilly
CRAIG C. REILLY (VSB #
20942)
209 Madison Street
Alexandria, VA 22314
Telephone: (703) 549-5354
Facsimile: (703) 549-5355
Email: Craig.reilly@ccreillylaw.com
Of Counsel for Google LLC:
Eric Mahr (pro hac vice)
Julie Elmer (pro hac vice)
Andrew Ewalt (pro hac vice)
Lauren Kaplin (pro hac vice)
Jeanette Bayoumi (pro hac vice)
Claire Leonard (pro hac vice)
Sara Salem (pro hac vice)
Tyler Garrett (VSB # 94759)
FRESHFIELDS BRUCKHAUS
DERINGER US LLP
700 13th Street NW, 10th Floor
Washington, DC 20005
Telephone: (202) 777-4500
Facsimile: (202) 777-4555
Email: eric.mahr@freshfields.com
Counsel for Google LLC
Daniel Bitton (admitted pro hac vice)
AXINN, VELTROP & HARKRIDER LLP
55 2nd Street
San Francisco, CA 94105
Telephone: (415) 490-2000
Facsimile: (415) 490-2001
dbitton@axinn.com
Bradley Justus (VSB # 80533)
Koren Wong-Ervin (admitted pro hac vice)
AXINN, VELTROP & HARKRIDER LLP
1901 L Street NW
Washington, DC 20036
Telephone: (202) 912-4700
Facsimile: (202) 912-4701
bjustus@axinn.com
kwongervin@axinn.com
3
Back to 
