MOTION to Continue Hearing on Google's Motion for a Protective Order [ECF No. 311] 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) Proposed 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,
v.
GOOGLE LLC,
Defendant.
)
)
)
)
)
)
)
)
No. 1:23-cv-00108-LMB-JFA
MOTION TO CONTINUE HEARING ON GOOGLE’S MOTION FOR A PROTECTIVE
ORDER [ECF NO. 311]
1.
As explained in more detail in the United States’ motion for a protective order,
ECF No. 321, the parties have been negotiating the scope and duration of Google’s and Plaintiffs’
Rule 30(b)(6) deposition notices in tandem, and productively, up until the afternoon of Friday,
August 18, 2023.
2.
Despite having made substantial progress in those negotiations, and despite the
United States’ willingness to agree to a standstill of motion practice related to Rule 30(b)(6)
notices—except to the extent relevant to Plaintiffs’ motion for partial judgment on the pleadings
or a protective order filed at ECF No. 317—Google informed Plaintiffs at 4:16pm on Friday,
August 18, 2023, that it was not agreeable to a standstill as long as Plaintiffs were planning to
proceed with filing their motion for partial judgment on the pleadings or a protective order.
3.
The Court is now faced with two pending motions that are, in Plaintiffs’ view,
inextricably linked: (1) a motion for a protective order related to Plaintiffs’ Rule 30(b)(6)
deposition to Google currently set for hearing this Friday, August 25, 2023; and (2) a motion for a
protective order related to Google’s Rule 30(b)(6) deposition notice to the United States currently
set for hearing the following week, on Friday, September 1, 2023.Page 2 PageID#
4.
Plaintiffs submit that the dual interests of judicial efficiency and parity of
treatment between the parties constitute good cause for continuing the hearing on Google’s
motion for a protective order to September 1, 2023, to be heard in conjunction with the United
States’ motion for a protective order. See E.D. Va. Loc. Civ. R. 7(G); DietGoal Innovations LLC
v. Wegmans Food Markets, Inc., 2014 WL 2561222, at *2 (E.D. Va. June 6, 2014) (noting that
consolidation of two matters would “serve to enhance judicial economy and fairness”).
Alternatively, the Court could also, in its discretion, set both hearings for a date certain earlier
than Friday, September 1, 2023. Just as the parties have been negotiating the scope and duration
of these two notices in tandem, addressing both motions in the same hearing will ensure that the
Court is able to make a ruling after being advised of the full range of facts and issues in dispute.
5.
Plaintiffs have met and conferred with Google regarding this motion. Google
informed Plaintiffs that it opposes the relief requested herein “if [the motion is] filed early this
afternoon.” Google further stated that “Google’s position might change” if “Plaintiffs hold off on
such a motion.” Page 3 PageID#
Dated: August 22, Respectfully submitted,
JESSICA D. ABER
United States Attorney
JASON S. MIYARES
Attorney General of Virginia
/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/ Andrew N. Ferguson
ANDREW N. FERGUSON
Solicitor General
STEVEN G. POPPS
Deputy Attorney General
TYLER T. HENRY
Assistant Attorney General
/s/ Julia Tarver Wood
JULIA TARVER WOOD
/s/ Aaron M. Teitelbaum
AARON M. TEITELBAUM
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
Attorneys for the United States
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 324 Filed 08/22/23 Page 1 of 3 PageID# 4715
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
MOTION TO CONTINUE HEARING ON GOOGLE’S MOTION FOR A PROTECTIVE
ORDER [ECF NO. 311]
1.
As explained in more detail in the United States’ motion for a protective order,
ECF No. 321, the parties have been negotiating the scope and duration of Google’s and Plaintiffs’
Rule 30(b)(6) deposition notices in tandem, and productively, up until the afternoon of Friday,
August 18, 2023.
2.
Despite having made substantial progress in those negotiations, and despite the
United States’ willingness to agree to a standstill of motion practice related to Rule 30(b)(6)
notices—except to the extent relevant to Plaintiffs’ motion for partial judgment on the pleadings
or a protective order filed at ECF No. 317—Google informed Plaintiffs at 4:16pm on Friday,
August 18, 2023, that it was not agreeable to a standstill as long as Plaintiffs were planning to
proceed with filing their motion for partial judgment on the pleadings or a protective order.
3.
The Court is now faced with two pending motions that are, in Plaintiffs’ view,
inextricably linked: (1) a motion for a protective order related to Plaintiffs’ Rule 30(b)(6)
deposition to Google currently set for hearing this Friday, August 25, 2023; and (2) a motion for a
protective order related to Google’s Rule 30(b)(6) deposition notice to the United States currently
set for hearing the following week, on Friday, September 1, 2023.
PDF Page 3
Case 1:23-cv-00108-LMB-JFA Document 324 Filed 08/22/23 Page 2 of 3 PageID# 4716
4.
Plaintiffs submit that the dual interests of judicial efficiency and parity of
treatment between the parties constitute good cause for continuing the hearing on Google’s
motion for a protective order to September 1, 2023, to be heard in conjunction with the United
States’ motion for a protective order. See E.D. Va. Loc. Civ. R. 7(G); DietGoal Innovations LLC
v. Wegmans Food Markets, Inc., 2014 WL 2561222, at *2 (E.D. Va. June 6, 2014) (noting that
consolidation of two matters would “serve to enhance judicial economy and fairness”).
Alternatively, the Court could also, in its discretion, set both hearings for a date certain earlier
than Friday, September 1, 2023. Just as the parties have been negotiating the scope and duration
of these two notices in tandem, addressing both motions in the same hearing will ensure that the
Court is able to make a ruling after being advised of the full range of facts and issues in dispute.
5.
Plaintiffs have met and conferred with Google regarding this motion. Google
informed Plaintiffs that it opposes the relief requested herein “if [the motion is] filed early this
afternoon.” Google further stated that “Google’s position might change” if “Plaintiffs hold off on
such a motion.”
2
PDF Page 4
Case 1:23-cv-00108-LMB-JFA Document 324 Filed 08/22/23 Page 3 of 3 PageID# 4717
Dated: August 22, 2023
Respectfully submitted,
JESSICA D. ABER
United States Attorney
JASON S. MIYARES
Attorney General of Virginia
/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/ Andrew N. Ferguson
ANDREW N. FERGUSON
Solicitor General
STEVEN G. POPPS
Deputy Attorney General
TYLER T. HENRY
Assistant Attorney General
/s/ Julia Tarver Wood
JULIA TARVER WOOD
/s/ Aaron M. Teitelbaum
AARON M. TEITELBAUM
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
Attorneys for the United States
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
3
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