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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EXHIBIT 2Page 2 PageID#
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 NOTICE OF DEPOSITION PURSUANT TO FED. R. CIV. P. 30(b)(6)
TO THE UNITED STATES
PLEASE TAKE NOTICE that, pursuant to Federal Rules of Civil Procedure 26 and
30(b)(6), Defendant Google, LLC, will take the oral deposition of the United States (“Plaintiff”)
at a date and time to be agreed upon by the parties. The deposition shall occur at the offices of
Freshfields Bruckhaus Deringer US LLP, located at 700 13th Street NW, Washington, DC
20005, or as otherwise agreed to by the parties.
PLEASE TAKE FURTHER NOTICE that, in accordance with Rule 30 of the Federal
Rules of Civil Procedure, the deposition will be taken before an officer authorized to administer
oaths, and will be recorded by stenographic means and on videotape. Defendants reserve the
right to use the videotape of the deposition at trial.
Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, Plaintiff shall
designate and produce for deposition one or more officers, directors, employees, agents or other
persons to testify on its behalf regarding the topics and subject areas set forth in Exhibit A
attached hereto. If the designated representative or representatives do not have such knowledge,Page 3 PageID#
they are required under Rule 30(b)(6) to acquire such knowledge through whatever reasonable
investigation may be necessary.
Dated: July 20, _/s/ Eric Mahr__________
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)
Scott A. Eisman (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-eric.mahr@freshfields.com
CRAIG C. REILLY (VSB # 20942)
209 Madison Street
Alexandria, VA Telephone: (703) 549-Facsimile: (703) 549-Craig.reilly@ccreillylaw.com
Counsel for Google LLCPage 4 PageID#
28. All documents You produced in the above-referenced litigation.
29. Your involvement and communications with any third parties concerning the Investigation
and/or this Action.
30. The circumstances that led You to be involved in this lawsuit, including any efforts You
undertook to investigate Your claims.
31. Your involvement and communications with any member of the United States Congress or
anyone working for a member of the United States Congress concerning the Investigation and/or
this Action.
32. Any facts of which You have knowledge regarding Defendant’s alleged monopolization,
other than those learned uniquely through interactions with counsel for the United States.
33. Your responses to Google’s Interrogatories.
34. Your responses to Google’s Requests for Admission.
35. All communications, including written, oral, face-to-face, telephonic, videoconference, or
otherwise with any potential witness in this litigation concerning the Investigation or this Action.
36. All communications, including written, oral, face-to-face, telephonic, videoconference, or
otherwise with any representative of the European Commission concerning the Investigation or this
Action.
37. Communications with any individual currently employed in the Department of Justice
Antitrust Division, where such communications occurred prior to the individual’s employment as a
member of the Antitrust Division, regarding antitrust matters concerning Google, including
Google’s Display Advertising business.Page 5 PageID#
38. Any ethics and/or recusal guidance, advice, recommendations, waivers, authorizations, or
decisions concerning Jonathan Kanter and the issue of his participation in the Department of
Justice’s matters involving Google’s Display Advertising business.
E. Your Allegations
39. Your market share calculations as alleged in the Complaint for the alleged publisher ad
server market, ad exchange alleged market, and alleged market for advertiser ad networks for open
web Display Advertising.
40. The equitable remedies You seek, including any coordination or communications between
You and the European Commission regarding such remedies.
41.
The identity of all persons with knowledge of the subjects identified in this Notice of
Deposition.
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PlainSite Cover Page
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EXHIBIT 2
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Case 1:23-cv-00108-LMB-JFA Document 317-2 Filed 08/18/23 Page 2 of 5 PageID# 4562
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 NOTICE OF DEPOSITION PURSUANT TO FED. R. CIV. P. 30(b)(6)
TO THE UNITED STATES
PLEASE TAKE NOTICE that, pursuant to Federal Rules of Civil Procedure 26 and
30(b)(6), Defendant Google, LLC, will take the oral deposition of the United States (“Plaintiff”)
at a date and time to be agreed upon by the parties. The deposition shall occur at the offices of
Freshfields Bruckhaus Deringer US LLP, located at 700 13th Street NW, Washington, DC
20005, or as otherwise agreed to by the parties.
PLEASE TAKE FURTHER NOTICE that, in accordance with Rule 30 of the Federal
Rules of Civil Procedure, the deposition will be taken before an officer authorized to administer
oaths, and will be recorded by stenographic means and on videotape. Defendants reserve the
right to use the videotape of the deposition at trial.
Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, Plaintiff shall
designate and produce for deposition one or more officers, directors, employees, agents or other
persons to testify on its behalf regarding the topics and subject areas set forth in Exhibit A
attached hereto. If the designated representative or representatives do not have such knowledge,
PDF Page 4
Case 1:23-cv-00108-LMB-JFA Document 317-2 Filed 08/18/23 Page 3 of 5 PageID# 4563
they are required under Rule 30(b)(6) to acquire such knowledge through whatever reasonable
investigation may be necessary.
Dated: July 20, 2023
_/s/ Eric Mahr__________
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)
Scott A. Eisman (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
eric.mahr@freshfields.com
CRAIG C. REILLY (VSB # 20942)
209 Madison Street
Alexandria, VA 22314
Telephone: (703) 549-5354
Facsimile: (703) 549-5355
Craig.reilly@ccreillylaw.com
Counsel for Google LLC
PDF Page 5
Case 1:23-cv-00108-LMB-JFA Document 317-2 Filed 08/18/23 Page 4 of 5 PageID# 4564
28. All documents You produced in the above-referenced litigation.
29. Your involvement and communications with any third parties concerning the Investigation
and/or this Action.
30. The circumstances that led You to be involved in this lawsuit, including any efforts You
undertook to investigate Your claims.
31. Your involvement and communications with any member of the United States Congress or
anyone working for a member of the United States Congress concerning the Investigation and/or
this Action.
32. Any facts of which You have knowledge regarding Defendant’s alleged monopolization,
other than those learned uniquely through interactions with counsel for the United States.
33. Your responses to Google’s Interrogatories.
34. Your responses to Google’s Requests for Admission.
35. All communications, including written, oral, face-to-face, telephonic, videoconference, or
otherwise with any potential witness in this litigation concerning the Investigation or this Action.
36. All communications, including written, oral, face-to-face, telephonic, videoconference, or
otherwise with any representative of the European Commission concerning the Investigation or this
Action.
37. Communications with any individual currently employed in the Department of Justice
Antitrust Division, where such communications occurred prior to the individual’s employment as a
member of the Antitrust Division, regarding antitrust matters concerning Google, including
Google’s Display Advertising business.
PDF Page 6
Case 1:23-cv-00108-LMB-JFA Document 317-2 Filed 08/18/23 Page 5 of 5 PageID# 4565
38. Any ethics and/or recusal guidance, advice, recommendations, waivers, authorizations, or
decisions concerning Jonathan Kanter and the issue of his participation in the Department of
Justice’s matters involving Google’s Display Advertising business.
E. Your Allegations
39. Your market share calculations as alleged in the Complaint for the alleged publisher ad
server market, ad exchange alleged market, and alleged market for advertiser ad networks for open
web Display Advertising.
40. The equitable remedies You seek, including any coordination or communications between
You and the European Commission regarding such remedies.
41.
The identity of all persons with knowledge of the subjects identified in this Notice of
Deposition.
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