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EXHIBIT Page 2 PageID#
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
---------------------------x
UNITED STATES, et al.,
:
:
Plaintiffs,
:
versus
:
:
GOOGLE LLC,
:
:
Defendant.
:
---------------------------x
Civil Action No.:
1:23-cv-Friday, March 10,
The above-entitled motions hearing was heard before
the Honorable Leonie M. Brinkema, United States District
Judge. This proceeding commenced at 10:10 a.m.
A P P E A R A N C E S:
FOR THE PLAINTIFFS:
GERARD MENE, ESQUIRE
OFFICE OF THE UNITED STATES ATTORNEY
2100 Jamieson Avenue
Alexandria, Virginia (703) 299-
AARON TEITELBAUM, ESQUIRE
JULIA WOOD, ESQUIRE
UNITED STATES DEPARTMENT OF JUSTICE
ANTITRUST DIVISION
450 Fifth Street, NW
Washington, D.C. (202) 894-
ANDREW FERGUSON, ESQUIRE
OFFICE OF THE ATTORNEY GENERAL
OFFICE OF THE SOLICITOR GENERAL
202 North Ninth Street
Richmond, Virginia (804) 786-
FOR THE DEFENDANT:
ERIC MAHR, ESQUIRE
TYLER GARRETT, ESQUIRE
FRESHFIELDS BRUCKHAUS DERINGER, LLP
700 13th Street, NW
10th Floor
Washington, D.C. (202) 777-
Stephanie Austin, RPR, CRR USDC/EDVA (571) 298-1649Page 3 PageID#
third-party witnesses.
example, had 60 third parties; we have had zero.
THE COURT:
The Texas investigation, for
All right.
Well, that's something
you'll have to work out with Judge Anderson.
All right.
MR. MAHR:
Ms. Wood's request.
you denied the motion, a proposal to the Court, and we can
make it to Magistrate Judge Anderson if you'd like, that we
propose for moving forward, and we would like the
Well, I will kind of reinforce
We have been discussing, in the event
opportunity to do that.
THE COURT:
I'll punt that issue to him.
I'll
give him a call today, too, and let him know it's coming.
All right.
MR. MAHR:
THE COURT:
Thank you.
But be mindful of how we operate here.
All right.
Again, this is a problem that, frankly, the
Government's going to have because you chose to be here, and
I'm not joking when I say you need to have your running
shoes on.
All right.
MS. WOOD:
THE COURT:
Understood, Your Honor.
All right.
You know, everything in
life is finite.
We have a finite lifespan, we have all
sorts of limits, and I think the same thing applies to
litigation.
guess what, you aren't going to get 50.
You might like to take 50 depositions but,
You might like to
Stephanie Austin, RPR, CRR USDC/EDVA (571) 298-1649Page 4 PageID#
have, you know, a year and a half to complete discovery, but
you're not going to get that in this court.
lawyers to have to focus with laser efficiency on what are
the core issues you need to get to resolve a case.
It forces
So having said that, the last matter I want to
just very briefly address is there is this pending motion to
seal.
I just want to put, again, both sides on notice about
this.
I would not normally have granted that motion to seal
if it came to me fresh, because I don't think just the names
alone of people, unless they work for the CIA or something
like that, is something that's appropriate to be sealed.
But Judge Castel did grant that.
example of where if it's a close call, I'm going to go with
what he's already done to reduce this problem with
inefficiencies and with inconsistent rulings.
always be able to agree with him.
I'm unable to because he's a colleague, and he's an
experienced colleague.
that motion.
And, again, this is an
I may not
I would be surprised if
Nevertheless, I am going to grant
But I want both sides to understand that I'm one
of the judges in this court that looks very seriously at my
obligation to make sure that court proceedings are
transparent.
before you come to court, if you want to mark things as
confidential, although I wish it wasn't done as much as it
What you do in the exchange of discovery
Stephanie Austin, RPR, CRR USDC/EDVA (571) 298-1649Page 5 PageID#
THE COURT:
All right.
Very good.
You're all
free to go.
MS. WOOD:
Thank you, Your Honor.
(Proceedings adjourned at 10:44 a.m.)
----------------------------------
I certify that the foregoing is a true and accurate
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EXHIBIT 1
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
---------------------------x
UNITED STATES, et al.,
:
:
Plaintiffs,
:
versus
:
:
GOOGLE LLC,
:
:
Defendant.
:
---------------------------x
Civil Action No.:
1:23-cv-108
Friday, March 10, 2023
8
9
The above-entitled motions hearing was heard before
the Honorable Leonie M. Brinkema, United States District
Judge. This proceeding commenced at 10:10 a.m.
10
A P P E A R A N C E S:
11
FOR THE PLAINTIFFS:
12
13
GERARD MENE, ESQUIRE
OFFICE OF THE UNITED STATES ATTORNEY
2100 Jamieson Avenue
Alexandria, Virginia 22314
(703) 299-3700
14
AARON TEITELBAUM, ESQUIRE
JULIA WOOD, ESQUIRE
UNITED STATES DEPARTMENT OF JUSTICE
ANTITRUST DIVISION
450 Fifth Street, NW
Washington, D.C. 20530
(202) 894-4266
15
16
17
18
ANDREW FERGUSON, ESQUIRE
OFFICE OF THE ATTORNEY GENERAL
OFFICE OF THE SOLICITOR GENERAL
202 North Ninth Street
Richmond, Virginia 23219
(804) 786-7704
19
20
21
22
23
24
25
FOR THE DEFENDANT:
ERIC MAHR, ESQUIRE
TYLER GARRETT, ESQUIRE
FRESHFIELDS BRUCKHAUS DERINGER, LLP
700 13th Street, NW
10th Floor
Washington, D.C. 20005
(202) 777-4500
1
Stephanie Austin, RPR, CRR USDC/EDVA (571) 298-1649
PDF Page 4
Case 1:23-cv-00108-LMB-JFA Document 282-1 Filed 07/05/23 Page 3 of 5 PageID# 2692
1
third-party witnesses.
2
example, had 60 third parties; we have had zero.
3
4
THE COURT:
The Texas investigation, for
All right.
Well, that's something
you'll have to work out with Judge Anderson.
All right.
5
MR. MAHR:
6
Ms. Wood's request.
7
you denied the motion, a proposal to the Court, and we can
8
make it to Magistrate Judge Anderson if you'd like, that we
9
propose for moving forward, and we would like the
10
Well, I will kind of reinforce
We have been discussing, in the event
opportunity to do that.
11
THE COURT:
I'll punt that issue to him.
I'll
12
give him a call today, too, and let him know it's coming.
13
All right.
14
MR. MAHR:
15
THE COURT:
Thank you.
But be mindful of how we operate here.
16
All right.
Again, this is a problem that, frankly, the
17
Government's going to have because you chose to be here, and
18
I'm not joking when I say you need to have your running
19
shoes on.
All right.
20
MS. WOOD:
21
THE COURT:
Understood, Your Honor.
All right.
You know, everything in
22
life is finite.
We have a finite lifespan, we have all
23
sorts of limits, and I think the same thing applies to
24
litigation.
25
guess what, you aren't going to get 50.
You might like to take 50 depositions but,
You might like to
26
Stephanie Austin, RPR, CRR USDC/EDVA (571) 298-1649
PDF Page 5
Case 1:23-cv-00108-LMB-JFA Document 282-1 Filed 07/05/23 Page 4 of 5 PageID# 2693
1
have, you know, a year and a half to complete discovery, but
2
you're not going to get that in this court.
3
lawyers to have to focus with laser efficiency on what are
4
the core issues you need to get to resolve a case.
5
It forces
So having said that, the last matter I want to
6
just very briefly address is there is this pending motion to
7
seal.
I just want to put, again, both sides on notice about
8
this.
I would not normally have granted that motion to seal
9
if it came to me fresh, because I don't think just the names
10
alone of people, unless they work for the CIA or something
11
like that, is something that's appropriate to be sealed.
12
But Judge Castel did grant that.
13
example of where if it's a close call, I'm going to go with
14
what he's already done to reduce this problem with
15
inefficiencies and with inconsistent rulings.
16
always be able to agree with him.
17
I'm unable to because he's a colleague, and he's an
18
experienced colleague.
19
that motion.
20
And, again, this is an
I may not
I would be surprised if
Nevertheless, I am going to grant
But I want both sides to understand that I'm one
21
of the judges in this court that looks very seriously at my
22
obligation to make sure that court proceedings are
23
transparent.
24
before you come to court, if you want to mark things as
25
confidential, although I wish it wasn't done as much as it
27
What you do in the exchange of discovery
Stephanie Austin, RPR, CRR USDC/EDVA (571) 298-1649
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Case 1:23-cv-00108-LMB-JFA Document 282-1 Filed 07/05/23 Page 5 of 5 PageID# 2694
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THE COURT:
All right.
Very good.
You're all
free to go.
MS. WOOD:
Thank you, Your Honor.
4
(Proceedings adjourned at 10:44 a.m.)
5
----------------------------------
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I certify that the foregoing is a true and accurate
7
transcription of my stenographic notes.
8
____________________________
9
Stephanie M. Austin, RPR, CRR
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Stephanie Austin, RPR, CRR USDC/EDVA (571) 298-1649
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