MOTION for Judgment on the Pleadings or to Strike as to Google's Tenth and Thirteenth Affirmative Defenses, or in the Alternative for a Protective Order 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 - RFP No 40, # (2) Exhibit 2 - 30(b)(6) Notice, # (3) Exhibit 3 - Subpoena, # (4) Proposed Order (Partial Judgment on the Pleadings), # (5) Proposed Order (Protective Order))(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,
- against -
Civil Action No. 1:23-cv-00108LMB-JFA
GOOGLE LLC,
Defendant.
GOOGLE LLC’s FIRST SET OF REQUESTS FOR PRODUCTION
TO THE UNITED STATES
Pursuant to Federal Rules of Civil Procedure 26 and 34 (“Federal Rules”), Defendant
Google LLC hereby requests that Plaintiff United States produce documents responsive to the
requests set forth below.
INSTRUCTIONS
1.
In addition to the specific instructions set forth below, these Requests incorporate
the instructions set forth in Federal Rules 26 and 34, the Local Rules of the United States District
Court for the Eastern District of Virginia (“Local Rules”), the Stipulation and Order Regarding
Discovery Procedure (“ESI Order”) (to be entered), and the Confidentiality Order (to be entered),
or the operative version of those Orders in place at the time production is made. Subject to a valid
claim of privilege, please produce the entire document if any part of that document is responsive.
2.
Please produce all requested documents in Your possession, custody, or control, or
available to You, or to which You may gain access through reasonable effort, including
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Your complaint) or has used Ad Tech Products or Display Advertising during the Relevant Period,
produce all documents reflecting its document retention policies and any changes thereto.
REQUEST FOR PRODUCTION NO. 37: Separately for each agency and department of the
United States that is a “buyer[] of open web display advertising” (as alleged in Paragraph 341 of
Your complaint) or has used Ad Tech Products or Display Advertising during the Relevant Period,
produce all documents concerning information and advice about Display Advertising (including
studies, analyses, and reports) received from advertising consultants or Agencies and information
shared with advertising consultants or Agencies about Display Advertising.
REQUEST FOR PRODUCTION NO. 38: All documents that You received from the Federal
Trade Commission concerning any investigation, whether formal or informal, that You or the
Federal Trade Commission have considered or conducted since 2007 into Google’s Ad Tech
Products or Display Advertising business, including documents concerning Google’s acquisitions
of DoubleClick, AdMob, Invite Media, or AdMeld.
REQUEST FOR PRODUCTION NO. 39: All documents You exchanged with the Federal
Trade Commission concerning the initiation of any investigation, whether formal or informal,
related to Google’s Ad Tech Products or Display Advertising business, including preliminary
investigation memoranda and communications concerning the clearance process.
REQUEST FOR PRODUCTION NO. 40: All documents concerning any questions, concerns,
inquiries, or complaints, whether formal or informal, related to Assistant Attorney General
Jonathan Kanter’s participation in the Investigation and/or this Action, including the decision to
bring this Action, in light of his (a) prior representation of providers of Ad Tech Products and/or
organizations connected to Display Advertising; or (b) actual or perceived adversity to Google.
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PlainSite Cover Page
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Case 1:23-cv-00108-LMB-JFA Document 317-1 Filed 08/18/23 Page 1 of 3 PageID# 4558
EXHIBIT 1
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Case 1:23-cv-00108-LMB-JFA Document 317-1 Filed 08/18/23 Page 2 of 3 PageID# 4559
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES, et al.,
Plaintiffs,
- against -
Civil Action No. 1:23-cv-00108LMB-JFA
GOOGLE LLC,
Defendant.
GOOGLE LLC’s FIRST SET OF REQUESTS FOR PRODUCTION
TO THE UNITED STATES
Pursuant to Federal Rules of Civil Procedure 26 and 34 (“Federal Rules”), Defendant
Google LLC hereby requests that Plaintiff United States produce documents responsive to the
requests set forth below.
INSTRUCTIONS
1.
In addition to the specific instructions set forth below, these Requests incorporate
the instructions set forth in Federal Rules 26 and 34, the Local Rules of the United States District
Court for the Eastern District of Virginia (“Local Rules”), the Stipulation and Order Regarding
Discovery Procedure (“ESI Order”) (to be entered), and the Confidentiality Order (to be entered),
or the operative version of those Orders in place at the time production is made. Subject to a valid
claim of privilege, please produce the entire document if any part of that document is responsive.
2.
Please produce all requested documents in Your possession, custody, or control, or
available to You, or to which You may gain access through reasonable effort, including
1
PDF Page 4
Case 1:23-cv-00108-LMB-JFA Document 317-1 Filed 08/18/23 Page 3 of 3 PageID# 4560
Your complaint) or has used Ad Tech Products or Display Advertising during the Relevant Period,
produce all documents reflecting its document retention policies and any changes thereto.
REQUEST FOR PRODUCTION NO. 37: Separately for each agency and department of the
United States that is a “buyer[] of open web display advertising” (as alleged in Paragraph 341 of
Your complaint) or has used Ad Tech Products or Display Advertising during the Relevant Period,
produce all documents concerning information and advice about Display Advertising (including
studies, analyses, and reports) received from advertising consultants or Agencies and information
shared with advertising consultants or Agencies about Display Advertising.
REQUEST FOR PRODUCTION NO. 38: All documents that You received from the Federal
Trade Commission concerning any investigation, whether formal or informal, that You or the
Federal Trade Commission have considered or conducted since 2007 into Google’s Ad Tech
Products or Display Advertising business, including documents concerning Google’s acquisitions
of DoubleClick, AdMob, Invite Media, or AdMeld.
REQUEST FOR PRODUCTION NO. 39: All documents You exchanged with the Federal
Trade Commission concerning the initiation of any investigation, whether formal or informal,
related to Google’s Ad Tech Products or Display Advertising business, including preliminary
investigation memoranda and communications concerning the clearance process.
REQUEST FOR PRODUCTION NO. 40: All documents concerning any questions, concerns,
inquiries, or complaints, whether formal or informal, related to Assistant Attorney General
Jonathan Kanter’s participation in the Investigation and/or this Action, including the decision to
bring this Action, in light of his (a) prior representation of providers of Ad Tech Products and/or
organizations connected to Display Advertising; or (b) actual or perceived adversity to Google.
28
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