Joint MOTION for Entry of Order Regarding Coordination of Discovery by Commonwealth of Virginia, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Illinois, State of Michigan, State of Minnesota, State of Nebraska, State of New Hampshire, State of New Jersey, State of New York, State of North Carolina, State of Rhode Island, State of Tennessee, State of Washington, State of West Virginia, United States of America. (Attachments: # (1) Exhibit 1 - Proposed Order, # (2) Exhibit 2 - SDNY Order 1 of 2, # (3) Exhibit 3 - SDNY Order 2 of 2)(Teitelbaum, Aaron)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------x
IN RE: GOOGLE DIGITAL ADVERTISING
ANTITRUST LITIGATION
----------------------------------------------------------CASTEL, U.S.D.J.
21-md-3010 (PKC)
ORDER
The Court held a pretrial conference today on the coordination of discovery in this
MDL with a similar action brought by different plaintiffs before Judge Brinkema in the Eastern
District of Virginia. United States v Google LLC, 23 cv 108 (E.D. Va.) (the “E.D. Va. Action”).
The Court notes with gratitude the efforts of Magistrate Judge Anderson of the Eastern District
of Virginia in resolving certain issues relating to the draft Coordination Order.
The revised draft, following Magistrate Judge Anderson’s rulings, has gained the
assent of the parties to the E.D. Va. Action. The Court has considered the oral presentations and
written submissions of the parties to the MDL relating to the draft Coordination Order. Pursuant
to the authority of Rule 16(a)(1), (a)(3), (b)(3)(B)(ii), (c)(2)(F), (L) & (P), Fed. R. Civ. P., the
Court is prepared to enter the draft Coordination Order in the MDL (with two minor changes)
and will await delivery of a final execution copy. There are additional provisions relevant to coordination that relate solely to the
MDL actions and, thus, are set forth in this Order.
1.
For good cause shown, the Court may allow parties to the MDL to
examine witnesses for additional time beyond the limit set forth in in the Coordination Order or
The two minor changes are as follows: first, as agreed, there should be a period after “at trial).” in the last sentence
of paragraph 3(f), with the balance of the sentence stricken, and, second, the undersigned proposes to change the
time for Meta to make certain discovery available in the event the NBA Stay is lifted from “three (3) days” to “seven
(7) days.” Page 2 Case 1:23-cv-00108-LMB-JFA
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any prior Order of this Court if a party produces documents after the deadline for substantial
completion of document production and the belated production has meaningfully impacted the
deposition of the witness. To avoid interfering with the timely proceeding of discovery in the
E.D. Va. Action, any such extended examination will occur after the conclusion of fact discovery
in the E.D. Va. Action.
2.
The Court does not presently anticipate lifting the stay of discovery
relating to the Network Bidding Agreement (“NBA”). But if the stay is lifted, the Court
acknowledges the right of parties to the MDL to conduct discovery relating to the NBA and will
enter appropriate Orders at that time.
3.
All depositions of MDL plaintiffs are stayed until the conclusion of fact
discovery in the E.D. Va. Action.
SO ORDERED.
Dated: New York, New York
May 16,
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------x
IN RE: GOOGLE DIGITAL ADVERTISING
ANTITRUST LITIGATION
----------------------------------------------------------CASTEL, U.S.D.J.
21-md-3010 (PKC)
ORDER
The Court held a pretrial conference today on the coordination of discovery in this
MDL with a similar action brought by different plaintiffs before Judge Brinkema in the Eastern
District of Virginia. United States v Google LLC, 23 cv 108 (E.D. Va.) (the “E.D. Va. Action”).
The Court notes with gratitude the efforts of Magistrate Judge Anderson of the Eastern District
of Virginia in resolving certain issues relating to the draft Coordination Order.
The revised draft, following Magistrate Judge Anderson’s rulings, has gained the
assent of the parties to the E.D. Va. Action. The Court has considered the oral presentations and
written submissions of the parties to the MDL relating to the draft Coordination Order. Pursuant
to the authority of Rule 16(a)(1), (a)(3), (b)(3)(B)(ii), (c)(2)(F), (L) & (P), Fed. R. Civ. P., the
Court is prepared to enter the draft Coordination Order in the MDL (with two minor changes)
and will await delivery of a final execution copy. 1
There are additional provisions relevant to coordination that relate solely to the
MDL actions and, thus, are set forth in this Order.
1.
For good cause shown, the Court may allow parties to the MDL to
examine witnesses for additional time beyond the limit set forth in in the Coordination Order or
The two minor changes are as follows: first, as agreed, there should be a period after “at trial).” in the last sentence
of paragraph 3(f), with the balance of the sentence stricken, and, second, the undersigned proposes to change the
time for Meta to make certain discovery available in the event the NBA Stay is lifted from “three (3) days” to “seven
(7) days.”
1
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any prior Order of this Court if a party produces documents after the deadline for substantial
completion of document production and the belated production has meaningfully impacted the
deposition of the witness. To avoid interfering with the timely proceeding of discovery in the
E.D. Va. Action, any such extended examination will occur after the conclusion of fact discovery
in the E.D. Va. Action.
2.
The Court does not presently anticipate lifting the stay of discovery
relating to the Network Bidding Agreement (“NBA”). But if the stay is lifted, the Court
acknowledges the right of parties to the MDL to conduct discovery relating to the NBA and will
enter appropriate Orders at that time.
3.
All depositions of MDL plaintiffs are stayed until the conclusion of fact
discovery in the E.D. Va. Action.
SO ORDERED.
Dated: New York, New York
May 16, 2023
2
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