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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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES, et al.,
Plaintiffs,
v.
GOOGLE LLC,
Defendant.
)
)
)
)
)
)
)
)
No. 1:23-cv-00108-LMB-JFA
JOINT MOTION FOR ENTRY OF
ORDER REGARDING COORDINATION OF DISCOVERY
1.
The parties, through their undersigned counsel, hereby respectfully move for the
entry of the proposed Order Regarding Coordination of Discovery (“Coordination Order”) attached
as Exhibit 1. The grounds for this joint motion are as follows:
2.
As the Court is aware, a multi-district litigation with certain legal and factual
similarities to this case is currently pending in the U.S. District Court for the Southern District of
New York, under docket number 1:21-md-3010-PKC (the “MDL”).
3.
In April 2023, the parties met and conferred over a proposed order allowing for
coordination of discovery between this case and the MDL, to further the interests of judicial
efficiency and reduce the burden on party and non-party witnesses. Although the parties agreed on
many aspects of coordination, there remained three primary areas of disagreement between them.
See Dkt. 166, 174, 198. On May 10, 2023, the Court resolved those disagreements and invited “the
parties to prepare an order that can be entered in this action and the MDL proceeding without further
delay.” See Dkt. 201.
4.
In response to the Court’s invitation, the parties have prepared the revised
Coordination Order attached as Exhibit 1.
The Coordination Order includes languagePage 2 PageID#
implementing the principles articulated in the Court’s May 10 decision, and it also incorporates
many of the principles that Meta had proposed. See Dkt. 166-3, 166-4.
5.
On May 9, 2023, Judge Castel scheduled a conference in the MDL proceeding for
May 16, 2023. See MDL Dkt. 543, at 2 (attached hereto as Exhibit 2). Counsel for the United
States attended the conference at Judge Castel’s invitation. See id. After hearing argument from
the parties in the MDL and also giving counsel for the United States in this action an opportunity
to be heard, Judge Castel issued the order attached hereto as Exhibit 3, indicating that he would be
prepared to enter a coordination order in the MDL contingent on certain edits to a version of the
coordination order submitted by Google in the MDL the day before the conference.
6.
Plaintiffs in this action and Google have conferred following the conference before
Judge Castel, and believe that the attached proposed Coordination Order accurately implements this
Court’s ruling of May 10, 2023, as well as Judge Castel’s instructions. 7.
For all of these reasons, the parties jointly request that the Court enter the
Coordination Order attached as Exhibit 1.
Dated: June 1,
Mindful of the Court’s direction to have “a good faith consultation with Meta to see if they can
agree on suggested revisions that would address Meta’s concerns,” Dkt. 201, at 2 n.1, Google
consulted with Meta before the conference in the MDL, but certain areas of disagreement remained
at the time of the conference. In light of Judge Castel’s order, the parties in this matter respectfully
submit that further consultation with Meta is not necessary, as Judge Castel has ruled on the
coordination order in the MDL, where Meta is a party. See Ex. 3. Page 3 PageID#
Respectfully submitted,
FOR THE UNITED STATES:
FOR DEFENDANT GOOGLE LLC:
JESSICA D. ABER
United States Attorney
/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
/s/ Gerard Mene
GERARD MENE
Assistant U.S. Attorney
2100 Jamieson Avenue
Alexandria, VA Telephone: (703) 299-Facsimile: (703) 299-Email: Gerard.Mene@usdoj.gov
/s/ Julia Tarver Wood
JULIA TARVER WOOD
/s/ Aaron M. Teitelbaum
AARON M. TEITELBAUM
Senior Litigation Counsel
United States Department of Justice
Antitrust Division
450 Fifth Street NW, Suite Washington, DC Telephone: (202) 307-Fax: (202) 616-Email: Julia.Tarver.Wood@usdoj.gov
Eric Mahr (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
Karen L. Dunn (admitted pro hac vice)
Jeannie Rhee (admitted pro hac vice)
William Isaacson (admitted pro hac vice)
Joseph Bial (admitted pro hac vice)
Byron Becker (VSB # 93384)
PAUL, WEISS, RIFKIND, WHARTON
GARRISON LLP
2001 K Street NW
Washington, DC Telephone: (202) 223-Facsimile: (202) 223-kdunn@paulweiss.com
jrhee@paulweiss.com
wisaacson@paulweiss.com
jbial@paulweiss.com
bpbecker@paulweiss.com
Meredith Dearborn (admitted pro hac vice)
PAUL, WEISS, RIFKIND, WHARTON
GARRISON LLP
535 Mission Street, 24th Floor
San Francisco, CA Telephone: (646) 432-Facsimile: (202) 330-mdearnborn@paulweiss.com
&
&Page 4 PageID#
FOR THE PLAINTIFF STATES:
JASON S. MIYARES
Attorney General of Virginia
/s/ Andrew N. Ferguson
ANDREW N. FERGUSON
Solicitor General
STEVEN G. POPPS
Deputy Attorney General
TYLER T. HENRY
Assistant Attorney General
Office of the Attorney General of Virginia
202 North Ninth Street
Richmond, VA Telephone: (804) 692-Facsimile: (804) 786-Email: thenry@oag.state.va.us
Attorneys for the Commonwealth of Virginia
and local counsel for the States of Arizona,
California, Colorado, Connecticut, Illinois,
Michigan, Minnesota, Nebraska, New
Hampshire, New Jersey, New York, North
Carolina,
Rhode
Island,
Tennessee,
Washington, and West Virginia
PDF Page 1
PlainSite Cover Page
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Case 1:23-cv-00108-LMB-JFA Document 240 Filed 06/01/23 Page 1 of 4 PageID# 2018
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES, et al.,
Plaintiffs,
v.
GOOGLE LLC,
Defendant.
)
)
)
)
)
)
)
)
No. 1:23-cv-00108-LMB-JFA
JOINT MOTION FOR ENTRY OF
ORDER REGARDING COORDINATION OF DISCOVERY
1.
The parties, through their undersigned counsel, hereby respectfully move for the
entry of the proposed Order Regarding Coordination of Discovery (“Coordination Order”) attached
as Exhibit 1. The grounds for this joint motion are as follows:
2.
As the Court is aware, a multi-district litigation with certain legal and factual
similarities to this case is currently pending in the U.S. District Court for the Southern District of
New York, under docket number 1:21-md-3010-PKC (the “MDL”).
3.
In April 2023, the parties met and conferred over a proposed order allowing for
coordination of discovery between this case and the MDL, to further the interests of judicial
efficiency and reduce the burden on party and non-party witnesses. Although the parties agreed on
many aspects of coordination, there remained three primary areas of disagreement between them.
See Dkt. 166, 174, 198. On May 10, 2023, the Court resolved those disagreements and invited “the
parties to prepare an order that can be entered in this action and the MDL proceeding without further
delay.” See Dkt. 201.
4.
In response to the Court’s invitation, the parties have prepared the revised
Coordination Order attached as Exhibit 1.
The Coordination Order includes language
PDF Page 3
Case 1:23-cv-00108-LMB-JFA Document 240 Filed 06/01/23 Page 2 of 4 PageID# 2019
implementing the principles articulated in the Court’s May 10 decision, and it also incorporates
many of the principles that Meta had proposed. See Dkt. 166-3, 166-4.
5.
On May 9, 2023, Judge Castel scheduled a conference in the MDL proceeding for
May 16, 2023. See MDL Dkt. 543, at 2 (attached hereto as Exhibit 2). Counsel for the United
States attended the conference at Judge Castel’s invitation. See id. After hearing argument from
the parties in the MDL and also giving counsel for the United States in this action an opportunity
to be heard, Judge Castel issued the order attached hereto as Exhibit 3, indicating that he would be
prepared to enter a coordination order in the MDL contingent on certain edits to a version of the
coordination order submitted by Google in the MDL the day before the conference.
6.
Plaintiffs in this action and Google have conferred following the conference before
Judge Castel, and believe that the attached proposed Coordination Order accurately implements this
Court’s ruling of May 10, 2023, as well as Judge Castel’s instructions. 1
7.
For all of these reasons, the parties jointly request that the Court enter the
Coordination Order attached as Exhibit 1.
Dated: June 1, 2023
Mindful of the Court’s direction to have “a good faith consultation with Meta to see if they can
agree on suggested revisions that would address Meta’s concerns,” Dkt. 201, at 2 n.1, Google
consulted with Meta before the conference in the MDL, but certain areas of disagreement remained
at the time of the conference. In light of Judge Castel’s order, the parties in this matter respectfully
submit that further consultation with Meta is not necessary, as Judge Castel has ruled on the
coordination order in the MDL, where Meta is a party. See Ex. 3.
1
2
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Case 1:23-cv-00108-LMB-JFA Document 240 Filed 06/01/23 Page 3 of 4 PageID# 2020
Respectfully submitted,
FOR THE UNITED STATES:
FOR DEFENDANT GOOGLE LLC:
JESSICA D. ABER
United States Attorney
/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
/s/ Gerard Mene
GERARD MENE
Assistant U.S. Attorney
2100 Jamieson Avenue
Alexandria, VA 22314
Telephone: (703) 299-3777
Facsimile: (703) 299-3983
Email: Gerard.Mene@usdoj.gov
/s/ Julia Tarver Wood
JULIA TARVER WOOD
/s/ Aaron M. Teitelbaum
AARON M. TEITELBAUM
Senior Litigation Counsel
United States Department of Justice
Antitrust Division
450 Fifth Street NW, Suite 7100
Washington, DC 20530
Telephone: (202) 307-0077
Fax: (202) 616-8544
Email: Julia.Tarver.Wood@usdoj.gov
Eric Mahr (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
Karen L. Dunn (admitted pro hac vice)
Jeannie Rhee (admitted pro hac vice)
William Isaacson (admitted pro hac vice)
Joseph Bial (admitted pro hac vice)
Byron Becker (VSB # 93384)
PAUL, WEISS, RIFKIND, WHARTON
GARRISON LLP
2001 K Street NW
Washington, DC 20006
Telephone: (202) 223-7300
Facsimile: (202) 223-7420
kdunn@paulweiss.com
jrhee@paulweiss.com
wisaacson@paulweiss.com
jbial@paulweiss.com
bpbecker@paulweiss.com
Meredith Dearborn (admitted pro hac vice)
PAUL, WEISS, RIFKIND, WHARTON
GARRISON LLP
535 Mission Street, 24th Floor
San Francisco, CA 94105
Telephone: (646) 432-5100
Facsimile: (202) 330-5908
mdearnborn@paulweiss.com
3
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Case 1:23-cv-00108-LMB-JFA Document 240 Filed 06/01/23 Page 4 of 4 PageID# 2021
FOR THE PLAINTIFF STATES:
JASON S. MIYARES
Attorney General of Virginia
/s/ Andrew N. Ferguson
ANDREW N. FERGUSON
Solicitor General
STEVEN G. POPPS
Deputy Attorney General
TYLER T. HENRY
Assistant Attorney General
Office of the Attorney General of Virginia
202 North Ninth Street
Richmond, VA 23219
Telephone: (804) 692-0485
Facsimile: (804) 786-0122
Email: thenry@oag.state.va.us
Attorneys for the Commonwealth of Virginia
and local counsel for the States of Arizona,
California, Colorado, Connecticut, Illinois,
Michigan, Minnesota, Nebraska, New
Hampshire, New Jersey, New York, North
Carolina,
Rhode
Island,
Tennessee,
Washington, and West Virginia
4
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